Jan. 22, 2020

The Rise of Facial Recognition Technology: Uses and Risks

Facial recognition technology (FRT) is exploding in popularity in both the private and public sectors. The rate at which this technology is developing makes it especially rife with privacy and security risks. This first article in our three-part series on FRT discusses common uses of the technology, with input from Mastercard counsel on Mastercard’s approach to using the technology and mitigating its privacy and security risks. Part two will cover the legal framework for biometrics, and part three will contain advice on how to mitigate FRT risks. See “Navigating Today’s Biometric Landscape” (Apr. 3, 2019).

How to Stem the Coming Tide of CCPA Private Litigation

As of the CCPA’s January 1, 2020, implementation date, California consumers have a private right of action for data breaches, with the possibility of eye-opening statutory damages. This article analyzes the requirements for bringing a lawsuit and, with input from lawyers at Perkins Coie and Skadden, provides steps to avoid data breach claims. It also describes ways that plaintiffs’ lawyers are likely to circumvent the law and describes the law’s provision for curing breaches, which may be more likely to fuel court arguments than curb them. See “Measures for Resolving Business Disputes Over Data Privacy and Security” (Sep. 19, 2018).

Managing Legal Risks to U.S. Companies From Foreign Cyberattacks

Protecting online systems against individual hackers has been a top priority for companies for several years, but as we begin a new decade, a new threat has risen to the forefront: well-funded and sophisticated foreign governments seeking to wage a new kind of warfare on the United States. The FDIC and OCC recently issued a joint statement warning financial institutions about heightened cybersecurity risk and advising institutions to “review, update, and test incident response and business continuity plans,” among other things. In a guest article, Buckley attorneys Amanda R. Lawrence, Sasha Leonhardt and James Chou discuss how companies should prepare for these kinds of attacks. See “DOJ Spotlights Emerging Issues and Protection Strategies Around Business Email Compromise Attacks” (Oct. 9, 2019).

Avi Gesser Joins Debevoise’s Cybersecurity and Data Privacy Group

Gesser has left Davis Polk to join Debevoise’s New York office as a partner in the cybersecurity and data privacy group and the white collar and regulatory defense group. He handles a wide range of cybersecurity issues, white collar criminal defense matters, as well as complex commercial litigation. For more from Gesser, see “Lessons From Equifax on How to Mitigate Post-Breach Legal Liability” (Sep. 11, 2019).

Kaplan Hecker & Fink Welcomes DOJ Veteran in New York

Marshall Miller, a former Principal Deputy Assistant Attorney General & Chief of Staff at the DOJ’s Criminal Division, has joined Kaplan Hecker & Fink as a partner in New York. For more from Miller, see “Vulnerability Disclosure Policies: A Cost-Effective Best Practice for Cybersecurity” (Sep. 25, 2019).