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Cybersecurity & Privacy
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October 23, 2024
PE-Backed Cheerleading Co. Sued Over Data Breach Failures
Varsity Brands Inc., a cheerleading apparel company, faces a proposed class action in Texas federal court over its handling of a data breach that put personal information of customers in the hands of hackers.
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October 23, 2024
Penn State To Pay $1.25M To Resolve FCA Cybersecurity Suit
Pennsylvania State University will pay $1.25 million to settle a False Claims Act suit accusing it of failing to comply with cybersecurity requirements for defense and NASA contracts, the U.S. Department of Justice announced.
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October 23, 2024
Norfolk's 'Creepy' Cameras Invade Drivers' Privacy, Suit Says
Norfolk and its police department have installed "downright creepy" surveillance cameras with automatic license plate readers that track drivers' every move throughout the city without a warrant and keep the information in a database, in violation of the Fourth Amendment rights, alleges a lawsuit filed Monday in Virginia federal court.
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October 23, 2024
OpenAI Hires Uber Ethics Head As New Compliance Chief
OpenAI Inc. has brought on Uber Technologies Inc.'s chief ethics and compliance officer to head up its compliance department as it works to "build on [its] ongoing efforts to responsibly advance AI," the company said Tuesday.
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October 23, 2024
9th Circ. Backs Injury Firm's Win In Fight Over Google Ads
The Ninth Circuit has upheld an Arizona federal court's ruling in favor of a Tempe-based personal injury firm that was sued by another personal injury firm, Lerner & Rowe, over its purchases of Google advertising search terms, with the judges finding little "actual confusion" was caused by the advertising strategy.
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October 23, 2024
DC Judge Won't Let DQ'd Atty Back On Dominion Case
A D.C. federal judge has refused to disturb an order disqualifying an indicted Michigan attorney from representing former Overstock CEO Patrick Byrne against a defamation lawsuit brought by Dominion Voting Systems.
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October 22, 2024
Fraud Detector Inks $500K Deal In Webster Bank Breach Probe
A fraud detection vendor servicing Webster Bank NA will pay $500,000 to settle an investigation into a data breach that exposed the personal information of nearly 158,000 Connecticut residents, the state attorney general's office has announced.
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October 22, 2024
Ex-Yale Student Wants Full Acquittal Record Sent To DHS
An expelled Yale University student on Tuesday urged the Second Circuit to quickly vacate orders barring him from giving the U.S. Department of Homeland Security an unredacted transcript that resulted in his acquittal of sex crimes, saying a delay could seal his deportation and thus his execution by the Taliban.
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October 22, 2024
Wis. Voting Portal Fails Data Security Test, Suit Says
A pair of Wisconsin voters are pushing to stop the state from continuing to use an online voter registration system that they claim lacks adequate data security measures, including safeguards to prevent the dissemination of fraudulent absentee ballots, according to a lawsuit filed.
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October 22, 2024
Ga. Tech Says No Basis For Feds' Cybersecurity FCA Suit
The Georgia Institute of Technology has urged a Georgia federal judge to toss a False Claims Act suit accusing the university of knowingly failing to comply with U.S. Department of Defense cybersecurity standards, saying those rules didn't apply to its research contracts.
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October 22, 2024
BofA, Others Say Bond-Rigging Suit Still Can't Prove Conspiracy
Bank of America Corp., Wells Fargo & Co., JPMorgan Chase & Co. and others have argued the amended complaint in a recently revived securities suit accusing them of conspiring to rig corporate bonds fails to adequately allege a "farfetched" antitrust conspiracy.
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October 22, 2024
SEC Fines 4 Cos. Over SolarWinds Breach Disclosures
The U.S. Securities and Exchange Commission on Tuesday announced penalties totaling nearly $7 million against four tech companies it accused of downplaying the impact of cybersecurity breaches tied to foreign state actors that infiltrated software sold by SolarWinds Corp.
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October 22, 2024
Meta Escapes Child Protection Investor Suit For Good
A California federal judge on Tuesday threw out a lawsuit alleging Meta Platforms misled investors about its efforts to protect children from sexual predators, holding that the social media giant's so-called "half-truths" are not actionable under securities laws.
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October 22, 2024
How Law Firms Get And Keep Elite Status
For decades, a handful of New York-based law firms thoroughly dominated the national consciousness when it came to power, profitability and prestige. But in today's legal market, increased movement of partners and clients from one firm to the next has begun to shake things up and create opportunities for go-getters to ascend the ranks.
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October 22, 2024
The 2024 Prestige Leaders
Check out our Prestige Leaders ranking, analysis and interactive graphics to see which firms stand out for their financial performance, attractiveness to attorneys and law students, ability to secure accolades and positive legal news media representation.
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October 22, 2024
CFPB's Open Banking Rule Flops With Industry, Lands In Court
Banks will face new requirements to make account data freely available for consumers to share with fintech firms and other competitors under a long-awaited rule that the Consumer Financial Protection Bureau unveiled Tuesday, drawing an immediate industry legal challenge seeking to block it.
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October 21, 2024
Kids' YouTube Studio Goes After 'Top Blippi Impersonator'
The company that makes the hit childrens' show "Blippi" has accused a Florida man of infringing on its intellectual property rights by offering "counterfeit services providing Blippi Show impersonators," according to a suit filed Monday in Florida federal court.
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October 21, 2024
Target Wants Sanctions For 'Bogus' BIPA Suit
An Illinois federal judge should sanction a group of Target customers and their lawyers for pursuing a facial recognition privacy case even though the plaintiffs had seen evidence their legal theory was "bogus," the retail giant says.
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October 21, 2024
SEC To Focus On Advisers' Investment Outsourcing In '25
U.S. Securities and Exchange Commission examiners are poised to generally stay the course with their exam priorities in the coming year, with a particular focus on investment advisers that outsource their investment functions, according to a report released Monday.
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October 21, 2024
NYSE, Cboe Win SEC Approval For Bitcoin ETP Options
The U.S. Securities and Exchange Commission has given the New York Stock Exchange and Cboe Global Markets permission to list and trade options of certain bitcoin exchange-traded products, following the long-anticipated approval of the ETPs themselves at the start of this year.
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October 21, 2024
X Corp. 'Sabotaging' Discovery Process, Media Matters Says
Left-leaning watchdog Media Matters for America says that X Corp. is "jamming the wheels of discovery" by refusing to answer questions or provide documents relating to Elon Musk's role in the site's content moderation, asking a Texas federal court Friday to order X to comply.
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October 21, 2024
Google, Meta Want Out Of GoodRx Health Data Sharing Suit
Google, Meta Platforms and Criteo have asked a California federal court to cut them loose from litigation alleging that GoodRx improperly shared patients' protected health information with the tech companies, saying the claims are "fundamentally flawed."
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October 21, 2024
Belgium Joins French Courts In Telegram CEO Criminal Probe
Belgian investigators have joined French law enforcement in the criminal investigation of Pavel Durov, the CEO of encrypted messaging-platform Telegram, who is charged in France with aiding illegal child pornography, fraud and other crimes, the Paris prosecutor's office announced.
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October 21, 2024
Atty's Brother Says Sibling Feud Is Harassment Campaign
A Michigan attorney's brother and former business partner has accused the attorney of filing baseless lawsuits and harassing his employees in an attempt to squeeze money out of him, as the businessman countered a motion to block him from attending depositions.
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October 21, 2024
Last-Minute Letter Delays Mich. Atty's Voting Machine Trial
A Michigan state judge delayed a jury trial Monday for a lawyer accused of unlawfully accessing 2020 voting machines, after the attorney accused prosecutors overnight of hiding a letter outlining county clerks' "prerogative" to release the machines to some parties.
Expert Analysis
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6 Considerations To Determine If A Cyber Incident Is Material
The U.S. Securities and Exchange Commission's recent guidance on material cybersecurity incidents covers a range of ransomware scenarios, from a company paying a sum and regaining operations to recovering payment via cyberinsurance, but makes it clear that no single factor determines whether a cybersecurity incident is material, say attorneys at Troutman Pepper.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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Series
After Chevron: What To Expect In Consumer Protection At FTC
Although the Federal Trade Commission's bread-and-butter consumer protection law enforcement actions are unlikely to be affected, the Loper Bright decision may curb the FTC's bolder interpretations of the statutes it enforces, says Mary Engle at BBB National Programs.
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The Ethics of Using Generative AI In Environmental Law
The rapid emergence of generative artificial intelligence tools is challenging environmental lawyers, consultants and government agencies to determine when and how these tools can be responsibly, ethically and productively integrated into their practices to streamline research, predictive analytics and regulatory compliance, say Ahlia Bethea and Pamela Esterman at Sive Paget.
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RealPage Suit Shows Growing Algorithm, AI Pricing Scrutiny
The U.S. Department of Justice's suit against RealPage for helping fix rental rates, filed last week, demonstrates how the use of algorithmic and artificial intelligence tools to assist with pricing decisions is drawing increasing scrutiny and action across government agencies, and specifically at the Federal Trade Commission and the DOJ, say Andre Geverola and Leah Harrell at Arnold & Porter.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.
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CrowdStrike Incident Highlights Third-Party Risk For Banks
The global business disruptions caused by CrowdStrike's faulty software update last month serves as a reminder that banks should assess operational and compliance risks associated with third-party service providers and create resiliency plans extending down to fourth- and fifth-level providers, says Craig Landrum at Jones Walker.
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Foreign Threat Actors Pose Novel Risks To US Tech Cos.
A recent bulletin jointly issued by several U.S. intelligence agencies warns technology startups and the venture capital community about national security risks posed by foreign threat actors, so companies interested in raising foreign capital should watch for several red flags, say Robert Friedman and Jacob Marco at Holland & Knight.
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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Class Actions At The Circuit Courts: August Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers certification cases touching on classwide evidence of injury from debt collection practices, defining coupon settlements under the Class Action Fairness Act, proper approaches for evaluating attorney fee awards in class action settlements, and more.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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4 Steps To Address New Sanctions Time Bar Extension
Recent guidance from the Office of Foreign Assets Control clarifies details of the newly extended statute of limitations for civil and criminal enforcement of U.S. sanctions law, so compliance teams should implement key updates, including to lookback periods and recordkeeping policies, say attorneys at Freshfields.
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Incident Response Lessons From The CrowdStrike Failure
CrowdStrike's incident highlights a growing problem within modern digital infrastructures — single points of failure that cause widespread disruption when things go wrong — so organizations should carefully review their digital infrastructure to identify unique areas of exposure or vulnerability, say Erik Dullea at Husch Blackwell and Kip Boyle at Cyber Risk Opportunities.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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What FCA Cases May Look Like In The Age Of Generative AI
Generative artificial intelligence raises unique considerations both in the context of potentially leading to False Claims Act cases and in the discovery and litigation phases of these lawsuits, says attorney Rachel Rose.