Cybersecurity & Privacy

  • October 30, 2024

    Mass. AG Seeks To Bar 'NYSE' Crypto Trading Scheme

    The Massachusetts attorney general has filed a complaint attempting to shut down a cryptocurrency investment scheme that allegedly uses the acronym of the New York Stock Exchange to dupe its victims.

  • October 30, 2024

    BCLP Adds Ex-Seattle Mayor, US Atty As US White Collar Head

    After a short break focused on pro bono work and chairing a Washington State Bar Association task force on emerging technologies and the practice of law, former Seattle mayor Jenny A. Durkan is returning to private practice at Bryan Cave Leighton Paisner LLP.

  • October 30, 2024

    FTX Witness Who Saw Bankman-Fried's 'Evil' Avoids Prison

    A Manhattan federal judge allowed FTX's former chief engineer to avoid prison Wednesday, crediting his trial testimony against the crypto exchange's founder Sam Bankman-Fried, his ongoing cooperation and his relatively small role in the $11.2 billion fraud.

  • October 30, 2024

    MVP: Winston & Strawn's Sean G. Wieber

    Winston & Strawn LLP's Sean Wieber successfully defended OnlyFans in a suit accusing the popular content subscription site of violating the Illinois Biometric Information Privacy Act, earning him earn a spot as one of the 2024 Law360 Cybersecurity and Privacy MVPs.

  • October 29, 2024

    NY Health Provider To Boost Data Security To End AG's Probe

    An Albany-based healthcare provider has agreed to pay $2.75 million in penalties and data security enhancements to resolve the New York attorney general's claims it failed to protect private medical data that was exposed in a pair of 2023 cyberattacks, the regulator said Tuesday. 

  • October 29, 2024

    DOJ Will Restrict Data Swapping With 'Countries Of Concern'

    The U.S. Department of Justice has proposed new rules that will make it the regulator of any type of transaction that would put certain kinds of sensitive privacy data in the hands of any "covered persons" or "country of concern."

  • October 29, 2024

    Wells Fargo Fights To Ax Suit Over Identify Fraud Accounts

    Wells Fargo urged a California federal judge Tuesday to toss a proposed class action accusing the bank of violating the Fair Credit Report Act by accessing consumers' credit reports after fraudsters applied to open accounts with stolen information, saying Wells Fargo followed industry standards and the alleged damages are "conclusory."

  • October 29, 2024

    'Breathtaking' Pentagon Leak Merits 16 Years, Feds Say

    Prosecutors urged a federal judge on Tuesday to sentence a former Massachusetts Air National Guardsman to more than 16 years in prison for posting top secret military documents to the social media platform Discord, calling the crimes a historic and "breathtaking" betrayal of national security.

  • October 29, 2024

    FCC, Calif. Agency To Team Up To Protect Privacy

    The Federal Communications Commission is going to be teaming up with one of California's consumer protection agencies to enforce privacy rights in the Golden State, the pair announced Tuesday.

  • October 29, 2024

    ByteDance's Sanctions Bid Against Ex-Worker Delays Trial

    A California federal judge delayed a trial in a wrongful termination lawsuit filed by an engineer formerly at TikTok's parent company ByteDance, directing the parties on Tuesday to instead submit briefing on the defendants' motion to terminate the case as a sanction for the plaintiff's alleged destruction of evidence and perjury.

  • October 29, 2024

    US Finalizes Investment Ban On Chinese Emerging Tech

    The Biden administration finalized plans to ban U.S. investors from funding emerging Chinese technology, saying the restrictions are necessary to prevent Beijing from advancing technologies critical to its military modernization campaign. 

  • October 29, 2024

    Epic Urges 9th Circ. Not To Pause Google Play Store Fixes

    Epic Games Inc. has fired back against Google's request the Ninth Circuit issue an emergency stay pausing a lower court's antitrust injunction that would require Google to open up its Play Store to competing app stores, slamming Google's arguments as "scattershot," misleading and legally unfounded.

  • October 29, 2024

    Developer Can't Revive COVID-19 App Suit Against Apple

    A California federal judge declined to revive an antitrust suit against Apple for not distributing a COVID-19 tracking app on its app store, saying a Ninth Circuit denial of the app maker's appeal after the case was dismissed in district court "is the law" of the case.

  • October 29, 2024

    Lawmakers Want Update On Copyright Office's AI Reports

    The U.S. Copyright Office is late in submitting reports on the intersection of artificial intelligence and copyright law, according to a recent letter from leadership on the House committee with jurisdiction over the matter.

  • October 29, 2024

    Accellion Can't Nix Data Breach Suit Over Outdated Software

    A California federal judge refused to end a proposed data breach class action accusing Accellion of negligently failing to protect against cyberattacks on its file-sharing software, ruling that a special relationship exists between Accellion and its customers, such that it owed a duty of care to them.

  • October 29, 2024

    Philly Cops Lose Free Speech Suit Over Facebook Posts

    A group of active and former Philadelphia Police Department officers disciplined for inflammatory Facebook activity have lost their First Amendment lawsuit against the city, with a Pennsylvania federal judge ruling Tuesday that the city had the right to terminate officers for making racist, violent and otherwise offensive posts.

  • October 29, 2024

    Google Seeks To Toss Yelp's 'Self-Preferencing' Case

    Google urged a California federal court Monday to toss Yelp's case accusing the search giant of giving preference to its own local search offerings over Yelp and others, saying the review site has been "peddling these same claims to antitrust authorities around the world for over a decade."

  • October 29, 2024

    Court Closure Sought Over Taunts By Florida Gun Shop Owner

    The Connecticut Attorney General's Office urged a state judge to protect the identity of its investigator in filings and to close the courtroom during their testimony at trial in a lawsuit alleging a Florida company deceptively sold do-it-yourself gun kits, saying anonymity is needed because of the owner's online taunts.

  • October 29, 2024

    EBay, Ex-Execs Deny Fault For Harassment Of Bloggers

    Online retailer eBay and a group of former executives say a 2019 harassment campaign against a pair of Massachusetts bloggers was solely the work of rogue employees, urging a Massachusetts federal court to rule they're not liable over the episode.

  • October 29, 2024

    MVP: Morgan & Morgan's John Yanchunis

    John Yanchunis, head of the class action group at plaintiffs' injury firm Morgan & Morgan, helped secure a deal whereby Google agreed to settle claims that the search giant misled Chrome users about the privacy features of the browser's "Incognito Mode," earning him a spot among the 2024 Law360 Cybersecurity & Privacy MVPs.

  • October 28, 2024

    Tech Groups Target Fla. Law To Restrict Kids On Social Media

    A pair of tech industry trade associations are pressing a Florida federal court to strike down a new state law that would ban children under 13 and restrict 14- and 15-year-olds from social media, arguing that the measure would unconstitutionally stifle free speech and create new "honeypots" of personal data for hackers to exploit.  

  • October 28, 2024

    7th Circ. Signals Its Rulings Govern Citizens BIPA Policy Spat

    The Seventh Circuit seemed uninterested Monday in shifting focus from its own precedent to either newly certified questions or a state appellate decision to determine whether a district court correctly cleared Citizens Insurance Company of America of covering a biometric privacy suit.

  • October 28, 2024

    Apple Says Section 230 Dooms ICloud Child Porn Claims

    Apple urged a California federal judge to throw out a proposed class action Friday alleging it has engaged in "privacy-washing" by ignoring a problem with child sexual abuse material on its iCloud storage platform, arguing that the claims are barred by Section 230 of the Communications Decency Act.

  • October 28, 2024

    Leader Of Bankers' Group Calls For Anti-Fraud Watchdogs

    The head of the nation's largest banking trade group on Monday called on Congress and the White House to establish a federal office of scam and fraud prevention to counteract the rising tide of fraud costing the U.S. tens of billions annually.

  • October 28, 2024

    FTC, DOJ Tell 9th Circ. Google Wrong On Play Store Fixes

    Federal antitrust enforcers told the Ninth Circuit there should be consequences after a jury found Google monopolized the Android app distribution market, as Google pushes to keep a court order paused in the antitrust case being brought by Epic Games.

Expert Analysis

  • 7th Circ. Exclusion Ruling Will Narrow BIPA Coverage

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    The Seventh Circuit's recent decision in Thermoflex Waukegan v. Mitsui Sumitomo Insurance, holding that the access or disclosure exclusion applies to insurance claims brought under the Illinois Biometric Information Privacy Act, departs from the majority rule and opens the door to insurers more firmly denying coverage under general liability policies, say attorneys at Perkins Coie.

  • Series

    Solving Puzzles Makes Me A Better Lawyer

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    Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.

  • Texas Ethics Opinion Flags Hazards Of Unauthorized Practice

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    The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • Why High Court Social Media Ruling Will Be Hotly Debated

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    In deciding the NetChoice cases that challenged Florida and Texas content moderation laws, what the U.S. Supreme Court justices said about social media platforms — and the First Amendment — will have implications and raise questions for nearly all online operators, say Jacob Canter and Joanna Rosen Forster at Crowell & Moring.

  • Series

    After Chevron: Good News For Gov't Contractors In Litigation

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    The net result of the U.S. Supreme Court's decision overturning Chevron deference is that individuals, contractors and companies bringing procurement-related cases against the government will have new pathways toward success, say Joseph Berger and Andrés Vera at Thompson Hine.

  • In Memoriam: The Modern Administrative State

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    On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.

  • How To Clean Up Your Generative AI-Produced Legal Drafts

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    As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.

  • Series

    Boxing Makes Me A Better Lawyer

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    Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.

  • Opinion

    Industry Self-Regulation Will Shine Post-Chevron

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    The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.

  • 3 Ways Agencies Will Keep Making Law After Chevron

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    The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.

  • After Chevron

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    Since the U.S. Supreme Court overturned the Chevron deference standard in June, this Expert Analysis series has featured attorneys discussing the potential impact across 37 different rulemaking and litigation areas.

  • Opinion

    Atty Well-Being Efforts Ignore Root Causes Of The Problem

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    The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.

  • Series

    NY Banking Brief: All The Notable Legal Updates In Q2

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    The second quarter of 2024 saw less enforcement activity in the realm of New York financial services, but brought substantial regulatory and legislative developments, including state regulators' guidance on cybersecurity compliance and customer service processes for virtual currency entities, say James Vivenzio and Andrew Lucas at Perkins Coie.

  • Series

    Skiing And Surfing Make Me A Better Lawyer

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    The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.

  • Unpacking The Circuit Split Over A Federal Atty Fee Rule

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    Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.

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