Jul. 8, 2020

Google Decision Opens the Door for American-Style Class Action in U.K.: Analyzing What Constitutes Harm

A decision by the Supreme Court of England and Wales in favor of a consumer rights group, and against Google, could allow for class actions in the U.K. This first installment of a guest article series by Orrick attorneys Keily Blair, Doug Meal, James Lloyd, Matthew LaBrie and Lewis Brady analyzes the case, Richard Lloyd v. Google LLC, and its potentially far-reaching implications, including the Court’s analysis of harm and liability issues. Part two will discuss how class action liability is changing and will include advice on steps companies should take to prevent cyber incidents and diminish their impact if they do occur. See “Morrisons Ruling Lets U.K. Employers Off the Hook for Rogue Employee Data Leaks (Apr. 22, 2020).

Getting Board Buy-In for Edge Cybersecurity Initiatives Post COVID‑19

The right cybersecurity choices, supported by the necessary budget, can enable business processes and data flows to continue no matter where employees are located. In our discussion, Fortinet CISO Phil Quade observed that the COVID‑19 pandemic has required companies to focus on edge cybersecurity architecture to stay productive with a remote workforce. Quade, who also spent 30 years at the NSA, including as Chief of its Cyber Task Force, explained the meaning and importance of “edge cybersecurity architecture,” how to achieve it and how to obtain the funds necessary to support this and other cybersecurity initiatives. Success starts with viewing cybersecurity as a business enabler, rather than a cost center, he emphasized, and speaking the same language as the board. See “How Is COVID-19 Affecting Cybersecurity Risk, Readiness, Reporting and NYDFS Enforcement?” (Apr. 22, 2020).

Privacy Compliant Return-to-Work Checklist

Our return-to-work checklist is designed to help balance health and safety concerns with privacy and other legal considerations, which can be overwhelming when implementing plans to get employees back into a physical workplace. See our three-part series on how to facilitate a safe and privacy compliant return to work: “Laws and Guidance” (May 13, 2020); “Policies and Protocols” (May 20, 2020); “Contact Tracing” (May 27, 2020).

Michael Best Adds Senior Counsel to Privacy & Cybersecurity Group

Guy Sereff has joined Michael Best as senior counsel in the firm’s privacy and cybersecurity group in its Broomfield office. His practice focuses on matters in connection with technology transactions, intellectual property, and privacy and cybersecurity.