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Cybersecurity & Privacy
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May 02, 2024
Law Professor Gets $361K Illegal Recording Verdict Axed
A New Jersey federal judge has agreed to vacate a $361,000 verdict against a law professor who a jury determined illegally wiretapped her former son-in-law and invaded his privacy.
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May 02, 2024
Chicago Transit Sued Again Over Medical History Probes
Chicago's public transit system has been hit again with a genetic information privacy lawsuit by an employee who says the agency illegally probes applicants' medical histories as part of its hiring considerations.
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May 02, 2024
Permira Takes Majority Stake In BioCatch At $1.3B Valuation
European private equity shop Permira has taken a majority stake in BioCatch, a digital fraud detection and financial crime prevention company, valuing the Tel Aviv-headquartered business at $1.3 billion, according to a Thursday announcement.
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May 01, 2024
NJ, NY Law Firms Dominate Class Action Filings Since 2021
Class actions have been steadily increasing over the past decade, with two firms from New Jersey and New York filing the most suits over the past three years, according to a new Lex Machina report surveying the class action field.
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May 01, 2024
Sens. Slam UnitedHealth's Security Lapses, Breach Response
UnitedHealth's top executive faced heavy criticism during his first appearance before a U.S. Senate committee since a cyberattack rocked its Change Healthcare subsidiary, with lawmakers blasting the company for lacking basic security measures and for still not being able to confirm the scale and scope of the incident.
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May 01, 2024
REvil Hacker Gets 13-Year Term In $700M Ransomware Spree
A Ukrainian national behind the massive Sodinokibi ransomware attacks demanding more than $700 million in payments from several businesses, including multinational IT company Kaseya in 2021, was sentenced to nearly 13 years and seven months in prison Wednesday in Texas federal court, according to the U.S. Department of Justice.
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May 01, 2024
Ex-Cybersecurity Firm CEO Settles SEC Fraud Claims
A former executive for a cybersecurity firm has agreed to settle regulators' allegations that he lied to investors about the firm's success in selling a new product and that he fabricated aspects of his background and experience, according to filings in Texas federal court.
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May 01, 2024
FCC Leaders Look To Boost Wireless Supply Chain Security
Federal Communications Commission members Wednesday unveiled a bipartisan plan to beef up wireless supply chain security by more tightly scrutinizing whether equipment labs are tied to foreign powers.
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May 01, 2024
Meta's Privacy Fight With FTC Paused For High Court Ruling
The D.C. Circuit has pressed pause on Meta's bid to block the Federal Trade Commission from pursuing modifications to the parties' $5 billion privacy settlement to await the U.S. Supreme Court's decision in a case challenging the U.S. Securities and Exchange Commission's in-house courts.
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May 01, 2024
Top Groups Lobbying The FCC
The Federal Communications Commission heard from advocates well over 200 times in April as they sought to sway the FCC on net neutrality rules, junk calls and texts, bulk billing deals for broadband service in apartment buildings, and many other issues.
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May 01, 2024
Billionaire Energy Co. Founder Sues Booz Allen Over IRS Leak
Energy Transfer co-founder Kelcy Warren accused government contractor Booz Allen Hamilton of failing to supervise an employee who stole Warren's private tax information and that of thousands of other wealthy people while on assignment at the IRS, according to a complaint in Maryland federal court.
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May 01, 2024
AI Is Top Of Mind For Companies — And Securities Regulators
As references to artificial intelligence in securities filings soar, attorneys say companies must ground their disclosures in fact and be upfront about risks posed by AI in order to avoid the wrath of regulators, who promise to crack down on misleading claims.
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May 01, 2024
Ex-Edison Energy GC, McDermott Atty Joins Troutman In LA
Troutman Pepper Hamilton Sanders LLP is expanding its West Coast infrastructure team, announcing Tuesday it is bringing in a McDermott Will & Emery LLP emerging energy technologies expert who was previously general counsel with Edison Energy Group to be a partner in its Los Angeles office.
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April 30, 2024
Berry Dunn McNeil Sued Over Breach Affecting 1M Clients
Maine-based accounting firm Berry Dunn McNeil & Parker LLC faces a proposed class action Tuesday in federal court alleging it failed to adequately protect its clients' personally identifiable information that was compromised during a data breach last year which affected over a million people.
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April 30, 2024
FTC To Help FCC Enforce 'Net Neutrality' Rules
The Federal Communications Commission has called on a sister agency, the Federal Trade Commission, to cooperate on enforcing the FCC's restored "net neutrality" rules to require the free flow of network traffic.
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April 30, 2024
Patients Sue NC Plasma Donation Co. Over Data Breach
A plasma collection company has been hit in North Carolina federal court with at least two proposed class actions as of Monday claiming it failed to safeguard patient data, resulting in a breach in which names, Social Security numbers, addresses and treatment information were allegedly exposed by hackers.
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April 30, 2024
Crypto Exec Denies $2B Laundering Charges, Is Out On Bail
The CEO of crypto mixer Samourai Wallet has pled not guilty to charges he helped facilitate over $2 billion in illegal transactions and was released on $1 million bail after surrendering to federal authorities voluntarily.
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April 30, 2024
Conn. Mortgage Co. Settles Data Breach Claims
A mortgage company settled a consolidated data breach class action that accused the company in Connecticut federal court of being liable for a November 2023 data breach that compromised its customers' personal information.
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April 30, 2024
Ex-DraftKings Exec Blocked From US Role At Rival Fanatics
A Boston federal judge Tuesday blocked a former DraftKings executive from doing the same line of work for rival Fanatics in the U.S., citing his "evasive" testimony about his decampment to Fanatics.
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April 30, 2024
Conn. Firm Settles Copyright Feuds Over Website Photos
The Connecticut consumer law firm Lemberg Law LLC and its managing attorney have agreed to settle two suits tied to a multistate copyright battle with a stock photo provider that arose in 2020 after the firm was accused of using images on its website without permission, and then countered that it was the victim of an extortion attempt.
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April 30, 2024
ABA Knocks Down 'Implausible' Data Breach Class Action
The American Bar Association members suing the organization over a data breach have not identified any security measures the ABA failed to take, a New York federal judge said Tuesday when nixing what the organization called the members' "implausible" proposed class action.
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April 30, 2024
High Court Won't Stay Texas' Porn Site Age Check Law
The U.S. Supreme Court on Tuesday declined to stay a Fifth Circuit decision that allowed a portion of a Texas law requiring visitors to adult-oriented websites to prove their age before accessing content.
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April 29, 2024
High Court Won't Revisit Class Cert. In Chili's Data Breach Row
The U.S. Supreme Court on Monday refused to review an Eleventh Circuit ruling that kept alive a class action claiming Chili's restaurants failed to protect customer data in a 2018 data breach that revealed millions of credit card records, which class counsel said "enshrines a path" toward compensation for consumers against companies that mishandle their data.
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April 29, 2024
House Passes Bill To Curb Online Child Exploitation
The House by voice vote passed a bipartisan bill on Monday night aimed at better curbing online child sexual exploitation by improving the nation's centralized reporting system, which now goes to the president's desk.
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April 29, 2024
Meta Seeks Pause On Privacy Appeal For High Court Ruling
Meta urged the D.C. Circuit on Monday to pause the company's appellate efforts to block the Federal Trade Commission from pursuing changes to a $5 billion privacy settlement, asking the appeals court to wait for an impending U.S. Supreme Court ruling on a similar case involving the U.S. Securities and Exchange Commission.
Expert Analysis
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.
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Series
Walking With My Dog Makes Me A Better Lawyer
Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.
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Key Issues Raised By Colorado's Brain Data Privacy Bill
Colorado recently became the first state to provide consumer privacy protections for data generated from a person's brain waves, and despite the bill’s ambiguity and open questions introduced, the new law has helped turn the spotlight on neurodata, says Sara Pullen Guercio at Alston & Bird.
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.
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Compliance Strategies To Mitigate 3 New Areas Of AI Risk
The era of artificial intelligence-assisted corporate crime is here, but several concrete mitigation strategies can allow companies to address the new, rapidly evolving threats posed by deepfakes, information barrier evasion and AI model manipulation, say attorneys at Debevoise.
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How Cos. Can Prep For New Calif. Privacy Regulations
The California Privacy Protection Agency has been very active in the first quarter of 2024 and continues to exercise its rulemaking authority with proposed draft regulations, so retailers should prepare for California Consumer Privacy Act enforcement and figure out how best to comply, say attorneys at Dentons.
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9th Circ. Arbitration Ruling Could Have Int'l Implications
In Patrick v. Running Warehouse, the Ninth Circuit's recent matter-of-fact invocation of an unusual California rule in a domestic arbitration context raises choice of law questions, and could make California law a strategic option for some international arbitration parties, says Jerry Roth at FedArb.
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Series
Being An Equestrian Makes Me A Better Lawyer
Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.
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Opinion
Cyber Regulators Should Rely On Existing Sources Cautiously
New incident reporting rules proposed by the Cybersecurity and Infrastructure Security Agency illustrate how the use of definitions, standards and approaches from existing sources can create a complex patchwork of regulations, demonstrating that it is essential for agencies to be clear about expectations and not create unnecessary confusion, says Megan Brown at Wiley.
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.
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Tips For Balanced Board Oversight After A Cyberincident
The U.S. Securities and Exchange Commission's cybersecurity disclosure rules, as well as recent regulatory enforcement actions bringing board governance under scrutiny, continue to push boards toward active engagement in relation to their cyber-oversight role, despite it being unclear what a board's level of involvement should be, say attorneys at Alston & Bird.
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What Cos. Are Reporting Under New SEC Cybersecurity Rule
Four months after its effective date, 14 companies have made disclosures under the U.S. Securities and Exchange Commission's mandatory cybersecurity incident reporting rule, and some early trends are emerging, including a possible rush to file, say attorneys at Debevoise.
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Data Protection Steps To Consider After Biden Privacy Order
A recent White House executive order casts a spotlight on the criticality of securing sensitive content communications, presenting challenges and necessitating a recalibration of practices, especially for lawyers, says Camilo Artiga-Purcell at Kiteworks.
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The Future Of BIPA Insurance Litigation After Visual Pak
A recent Illinois appellate court decision, National Fire Insurance v. Visual Pak, may have altered the future of insurance litigation under the state's Biometric Information Privacy Act by diametrically opposing a prominent Seventh Circuit ruling that found insurance coverage for violations of the act, say attorneys at Jenner & Block.