Cybersecurity & Privacy

  • December 18, 2024

    NC Lt. Gov. Wants Defamation Suit Kicked Back To State Court

    North Carolina Lt. Gov. Mark Robinson has urged a federal judge to return his defamation suit against CNN to state court, arguing that his claims against the network are tied to those against a former porn store clerk such that the lower trial court is better suited to hear the case.

  • December 18, 2024

    Congress Passes $3B Funding For FCC's 'Rip And Replace'

    The U.S. Senate cleared legislation Wednesday to fully fund the Federal Communications Commission's "rip and replace" telecom security program to the tune of $3.08 billion as part of a sweeping defense spending authorization.

  • December 18, 2024

    High Court To Review TikTok Sale-Or-Ban Law

    The U.S. Supreme Court announced Wednesday that it will fully review TikTok's First Amendment challenge to a federal law requiring the wildly popular social media platform to divest from its Chinese parent company or face a nationwide ban, scheduling expedited oral arguments one week before the law's effective date.

  • December 17, 2024

    UNC Doctor Can't Shield Minor Transgender Patients' Records

    A University of North Carolina doctor cannot assert privilege over medical records sought from the university by state Republicans fighting a suit by the physician and others seeking to enjoin a law imposing limits on transgender care for minors, a federal magistrate judge has ruled.

  • December 17, 2024

    Texas Rep. Aims To Bar DOD Buys From China-Linked IT Cos.

    Rep. Pat Fallon, R-Texas, introduced a bill Tuesday that would prohibit the U.S. secretary of defense from entering into information technology contracts with companies with certain ties to China, saying cyberattacks have highlighted the vulnerability of the country's defense and IT systems to foreign interference.

  • December 17, 2024

    Google-Apple Collusion Plaintiff Asks 9th Circ. To Revive Suit

    A California crane operator training school asked the Ninth Circuit on Monday to revive its case accusing Google of paying Apple to refrain from developing its own search engine in light of a recent Washington, D.C., federal judge's decision that Google monopolizes the search market.

  • December 17, 2024

    AGs Can File Opposition To Clearview AI BIPA Deal

    An Illinois federal judge is allowing 22 states and the District of Columbia to challenge a deal to end multidistrict litigation over Clearview AI's practice of automatically collecting biometric facial data online, with attorneys general arguing the settlement would provide no meaningful injunctive relief and give plaintiffs an unknown financial stake in the company.

  • December 17, 2024

    Texas Judge Won't Pause Block Of Corp. Transparency Law

    A Texas federal judge on Tuesday denied the government's request to stay his nationwide block of a corporate transparency law while an appeal is pending, saying his view that Congress lacks the constitutional authority to enact the legislation is likely to prevail at the Fifth Circuit.

  • December 17, 2024

    Judge To Expedite Doc Decision In Atty's Voting Machine Case

    A Michigan state judge said prosecutors' case against an attorney accused of illegally accessing a voting machine needs to keep moving forward, vowing Tuesday to rule quickly on a request for grand jury transcripts the attorney claims show the jury was misled about the charges.

  • December 17, 2024

    Plex Wrongly Refused To Arbitrate Privacy Claims, Suit Says

    A Plex subscriber is claiming the streaming service violated its terms of service by refusing to arbitrate claims that it was breaching federal and state privacy laws.

  • December 17, 2024

    Fuji Soft Favors KKR Offer Over Higher Bain Bid

    Fuji Soft said in a statement Tuesday that it supports a buyout tender offer from U.S. private equity firm KKR that is worth about $4.15 billion and opposes a competing, higher bid from Bain Capital.

  • December 17, 2024

    Fenwick-Led AI Startup Databricks Nets $10B In Private Round

    Venture-backed Databricks Inc. said Tuesday it raised $10 billion through a private funding that valued the artificial intelligence startup at $62 billion, represented by Fenwick & West LLP, marking the latest sign of investor enthusiasm for AI technology.

  • December 17, 2024

    Magic Runs Out For Tax Pro Who Stiffed IRS Out Of $145M

    A New York City tax preparer who earned the nickname "the magician" while depriving the IRS of $145 million in revenue copped to tax evasion on Tuesday before a Manhattan federal judge.

  • December 16, 2024

    Circuit-By-Circuit Guide To 2024's Most Memorable Moments

    One judge said a litigant's position would cause "an effing nightmare," and another decried the legal community's silence amid "illegitimate aspersions." Public officials literally trashed one court's opinion, and fateful rulings dealt with controversial politicians, social media and decades of environmental policy. Those were just a few appellate highlights in 2024, a year teeming with memorable moments both substantive and sensational.

  • December 16, 2024

    TikTok Brings Sale-Or-Ban Fight To High Court

    TikTok asked the U.S. Supreme Court on Monday to stay a federal law that would force its owners to divest from the wildly popular social media app or shut its U.S. operation down just before Donald Trump's inauguration, saying his administration should get a say in the app's fate.

  • December 16, 2024

    Fed. Circ. Vacates Centripetal Patent Win At PTAB

    The Federal Circuit has thrown out a Patent Trial and Appeal Board decision that found the Silicon Valley-based cybersecurity company Palo Alto Networks failed to show that a Centripetal Networks patent for a way to improve the flow of data was invalid, kicking the case back to the board.

  • December 16, 2024

    Yodlee Judge 'Wrestling' With Invasion Of Privacy Question

    A California federal judge considering financial data aggregator Yodlee's bid to dismiss allegations it unlawfully collected user data said Monday that she is "wrestling" with whether the company's retention of users' bank credentialing information gave those users standing for an invasion of privacy claim.

  • December 16, 2024

    Mich. Judge Troubled By Scope Of Feds' CTA Data Collection

    A federal judge in Michigan said new disclosure requirements for small businesses seem burdensome and intrusive during a Monday hearing focused on the privacy implications of the currently blocked anti-money laundering law.

  • December 16, 2024

    Right-Wing Pair Can Be Charged For False Election Robocalls

    A Michigan appellate panel has upheld, for the second time, criminal charges against two right-wing conspiracy theorists who led a misinformation campaign that targeted Black voters, finding that even under a narrowed test from the state's top court, the pair likely knew the robocalls shared false information and were related to voting procedures.

  • December 16, 2024

    Cos. Urge Judge To Maintain Injunction On Transparency Law

    A Texas federal judge doesn't need to stay his preliminary injunction on the rollout of new corporate transparency rules while the U.S. government's appeal of his decision is pending at the Fifth Circuit, a business lobbying group and others said Monday.

  • December 16, 2024

    DraftKings Sued In NY For Secret Use Of Meta Tracking Pixel

    A New York City resident filed a proposed class action against DraftKings, alleging the sports betting company intentionally disclosed personal information of its customers to third parties for targeted advertising, in violation of the federal Video Privacy Protection Act.

  • December 16, 2024

    Knicks Blame Raptors Arbitration Delay On Silver 'Conflict'

    The New York Knicks reiterated their claim that National Basketball Association commissioner Adam Silver is biased against the franchise and incapable of arbitrating their data-theft dispute with the Toronto Raptors, accusing Silver of a "clear conflict of interest.''

  • December 16, 2024

    Experienced Retail Adviser Joins Hunton In DC

    Hunton Andrews Kurth LLP announced Monday that a longtime vice president and senior counsel at the National Retail Federation has joined the firm's Washington, D.C., office as a public policy and government relations partner.

  • December 16, 2024

    The Biggest Massachusetts High Court Rulings Of 2024

    Massachusetts' highest court added two justices this year while taking up several novel legal issues, including one town's effort to phase out the sale of tobacco, a paralyzed Uber rider's fight against arbitration, and a dispute over whether a hospital website's use of tracking cookies violates the state wiretap statute.

  • December 16, 2024

    Justices Pass On TCPA Case Over Fax Promoting Webinar

    The nation's top court on Monday declined to take up a healthcare technology company's appeal seeking to stave off a proposed class action accusing it of violating the Telephone Consumer Protection Act by sending faxes about a free webinar.

Expert Analysis

  • What 2 Key Rulings Mean For Solicitation Under TCPA

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    Two recent rulings from federal district courts in New York and California — each of which came to a different conclusion — bring to light courts' continued focus on and analysis of when an alleged communication constitutes a solicitation under the Telephone Consumer Protection Act, say Felix Shipkevich and Jessica Livingston at Shipkevich.

  • Series

    Collecting Art Makes Me A Better Lawyer

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    The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.

  • Navigating The Complexities Of Cyber Incident Reporting

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    When it comes to cybersecurity incident response plans, the uptick in the number and targets of legal and regulatory actions emphasizes the necessity for businesses to document the facts underlying the assumptions, complexities and obstacles of their decisions during the incident response, say attorneys at Troutman Pepper.

  • Managing Sanctions Defense Across Multiple Jurisdictions

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    Companies called before multiple regulators to account for the same conduct in this era of increased global sanctions and import-control enforcement should consider national differences in law and policy, and proactively coordinate their responses in certain key areas, say attorneys at Baker McKenzie.

  • Litigation Inspiration: Honoring Your Learned Profession

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    About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.

  • 4 Ways To Prepare For DOD Cyber Certification Rule

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    Given the U.S. Department of Justice's increased scrutiny of contractor compliance with cybersecurity requirements, it is critical that contractors take certain steps now in response to the U.S. Department of Defense's proposed Cybersecurity Maturity Model Certification implementation rule, say Townsend Bourne and Lillia Damalouji at Sheppard Mullin.

  • Opinion

    AI May Limit Key Learning Opportunities For Young Attorneys

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    The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.

  • Takeaways From Texas AG's Novel AI Health Settlement

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    The Texas attorney general's recent action against a health tech company marks another step in rapidly proliferating enforcement against artificial intelligence and privacy issues across multiple states, and highlights important risk mitigation considerations for health companies that implement AI systems, say attorneys at Troutman Pepper.

  • What To Know About Latest Calif. Auto-Renewal Law Update

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    While businesses have about nine months to prepare before the recently passed amendment to California's automatic renewal law takes effect, it’s not too early to begin working on compliance efforts, including sign-up flow reviews, record retention updates and marketing language revisions, say Gonzalo Mon and Beth Chun at Kelley Drye.

  • Class Actions At The Circuit Courts: September Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy identifies practice tips from four recent class certification rulings involving denial of Medicare reimbursements, automobile insurance disputes, veterans' rights and automobile defects.

  • How To Avoid Liability When Using Cookie Consent Managers

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    As companies attempt to comply with consumer protection laws by implementing cookie consent managers on their websites, they must be wary of separate legal risks that can stem from implementing or using these tools incorrectly, says Ian Cohen at LOKKER.

  • Series

    Round-Canopy Parachuting Makes Me A Better Lawyer

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    Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.

  • And Now A Word From The Panel: The MDL Map

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    An intriguing yet unpredictable facet of multidistrict litigation practice is venue selection for new MDL proceedings, and the Judicial Panel on Multidistrict Litigation considers many factors when it assigns an MDL venue, says Alan Rothman at Sidley Austin.

  • Navigating Restrictions Following Biotech Bill House Passage

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    Ahead of the BIOSECURE Act’s potential enactment, companies that obtain equipment from certain Chinese biotechnology companies should consider whether the act would restrict their ability to enter into contracts with the U.S. government and what steps they might take in response, say attorneys at Ropes & Gray.

  • Dealmaker Lessons From CFIUS' New Enforcement Webpage

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    The Committee on Foreign Investment in the United States’ recently launched webpage, which details the actions — and inactions — that led to enforcement activity, provides important insights for dealmakers about filing requirements, mitigation commitments and the cost of noncompliance, say attorneys at Dechert.

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