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Cybersecurity & Privacy
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November 12, 2024
DC Circ. Mulls Legality Of Gag Orders On X Corp. Subpoenas
A D.C. Circuit panel grappled Tuesday with the federal government's authority to obtain sweeping nondisclosure orders preventing social media companies from notifying users when their accounts are targeted by subpoenas, with X Corp. arguing that such gag orders are illegal.
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November 12, 2024
Tech Group Seeks Block Of Calif. Social Media Addiction Law
A tech trade group that has contested a rash of new social media laws around the country launched its latest constitutional challenge Tuesday, targeting a recently enacted California law designed to block online platforms from using algorithms to deliver addictive feeds to children without parental consent.
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November 12, 2024
Big Tech Litigant's Latest Suit Vs. Google Tossed
A Florida federal judge has granted Google's motion to dismiss a patent infringement and antitrust suit from web development company Greenflight targeting the search giant's reverse phone number lookup, ruling that the plaintiff's phone lookup service appearing low on Google's search results doesn't amount to standing to sue.
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November 12, 2024
FTC Doubts It Overstepped On Editing Meta Decree
The FTC spent its morning mulling whether it overstepped in trying to modify a 2020 consent decree with Facebook to impose new restrictions on the social media titan now known as Meta after finding that the company hadn't been keeping its data privacy promises.
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November 12, 2024
Wireless Group Backs Verizon In Fight Over FCC Privacy Fine
A major wireless industry group has urged the Second Circuit to deep-six the Federal Communications Commission's nearly $47 million fine against Verizon for selling customers' location data, arguing the FCC read its authority to penalize the mobile giant too broadly.
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November 12, 2024
Foley & Lardner Must Face Hacking Cross-Suit, Tech Co. Says
Accellion Inc.'s counsel urged a California appellate panel Tuesday to revive its cross-claims against Foley & Lardner LLP in an insurance company's lawsuit alleging that the software-maker should be held liable for a $1 million ransomware attack that targeted the law firm, arguing that Accellion timely identified the firm as a cross-defendant.
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November 12, 2024
SEC, SolarWinds Walk Away From Settlement Talks
Settlement negotiations between the U.S. Securities and Exchange Commission and software developer SolarWinds Corp. reached an impasse Tuesday, with the parties telling a New York federal judge that they did not feel it was worthwhile to continue discussing a possible end to the novel enforcement action.
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November 12, 2024
Stop Bank Impersonation Scams 'Without Delay,' FCC Told
Several banking organizations and a consumer rights group urged the Federal Communications Commission to forge ahead on rules aimed at stamping out scam texts that fraudsters use to impersonate banks.
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November 12, 2024
Two Ga. Companies Hit With Data Breach Class Actions
Two Georgia companies were sued in federal court on Friday over their alleged failure to safeguard the personally identifiable information of thousands in data breaches that occurred earlier this year.
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November 12, 2024
2nd Circ. Wary Of Ex-Yale Student's Bid For Asylum Evidence
A Second Circuit panel on Tuesday seemed skeptical of an emergency bid by an acquitted onetime Yale University student to transmit a trial transcript containing his sexual assault accuser's name to immigration authorities despite a magistrate judge's ban on revealing the woman's identity, hinting that more litigation might be necessary.
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November 12, 2024
Thompson Coburn Hit With Suit Over Healthcare Data Breach
Thompson Coburn LLP was hit with a proposed class action Tuesday in Missouri federal court alleging the firm did not do enough to safeguard data provided to a healthcare provider client, resulting in a data breach that compromised individuals' personal information.
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November 12, 2024
Polsinelli Adds Kirkland AI And Tech Ace In San Francisco
Polsinelli PC is expanding its West Coast technology transactions team, announcing Tuesday it is bringing in a Kirkland & Ellis LLP data privacy and artificial intelligence expert as a principal in its San Francisco office.
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November 12, 2024
Progressive Accused Of Giving Crash Victims' Info To Law Firm
Progressive Casualty Insurance Company and Kanner & Pintaluga PA are facing a proposed class action in Houston, where former clients accuse the two of conspiracy and Racketeer Influenced and Corrupt Organizations Act violations because the insurer allegedly shared crash victims' private information with the law firm in violation of state and federal statutes.
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November 12, 2024
Ex-National Guardsman Gets 15 Years For Top Secret Leaks
A former Massachusetts Air National Guardsman who leaked top secret Pentagon documents on the social media network Discord was sentenced Tuesday to 15 years in prison for a breach that federal prosecutors have said caused "exceptionally grave and long-lasting damage" to national security.
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November 12, 2024
Ex-Snell & Wilmer Group Head, DOJ Atty, Joins Saul Ewing
The former co-chair of Snell & Wilmer LLP's white collar defense and investigations practice group, an ex-prosecutor known in part for securing the conviction of the surviving Boston Marathon bombing perpetrator, has joined Saul Ewing LLP, the firm announced Tuesday.
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November 08, 2024
'Extraordinary Person' Gets 12½ years For Crypto Laundering
Roman Sterlingov, the Russian and Swedish citizen convicted of money laundering for operating the world's largest cryptocurrency mixing service, was sentenced to 12½ years in prison Friday, even though the D.C. federal judge said it was "painful to see" an "extraordinary person" in such circumstances.
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November 08, 2024
Tort Report: Royal Caribbean Spycam Victim Seeks Class Suit
A proposed class action over Royal Caribbean Cruises Ltd.'s alleged failures regarding an employee's surreptitious installation of cameras in passengers' cabins and a D.C. Circuit ruling on a gun magazine ban lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.
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November 08, 2024
Fla. Law Firm Gunster To Pay $8.5M Over 2022 Data Breach
Florida corporate law firm Gunster has agreed to shell out $8.5 million to resolve a proposed class action alleging it failed to properly safeguard the personal information of nearly 10,000 clients, employees, and other individuals from cybercriminals, according to a motion to preliminarily approve the deal filed in Florida federal court.
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November 08, 2024
Top Groups Lobbying The FCC
The Federal Communications Commission heard from advocates nearly 170 times in October on issues ranging from expanded use of the 6 gigahertz airwaves to programming "blackouts," satellite spectrum sharing, competition in video distribution, and more.
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November 08, 2024
Orrick Gets Final OK On $8M Deal To End Data Breach Case
A California federal judge granted final approval Friday to Orrick Herrington & Sutcliffe LLP's $8 million deal to end putative class claims over a data breach that purportedly exposed 638,000 individuals' information, praising the parties for their "efficiency" in handling the case and "good faith" approach to reaching a resolution.
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November 08, 2024
Mark Zuckerberg Beats Liability In Social Media MDL
A California federal judge dismissed claims against Mark Zuckerberg in multidistrict litigation alleging Meta concealed social media's risks to young users, finding that plaintiffs failed to show Zuckerberg directly participated in or authorized the alleged concealment despite his control over the company.
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November 08, 2024
FCC Will Investigate Racially Offensive Text Messages
The Federal Communications Commission will investigate reports of racially offensive text message campaigns across numerous states, the agency's chief said Friday.
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November 07, 2024
'Pure Gamesmanship': Judge Slams NSO's Sanctions Defense
A California federal judge appeared open Thursday to sanctioning NSO Group in WhatsApp's lawsuit accusing the Israeli spyware maker of hacking into 1,400 WhatsApp users' phones, telling NSO's counsel it's insufficient for NSO to have only produced computer code in Israel, and she views its defense as "pure gamesmanship."
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November 07, 2024
Man Gets 2 Yrs. For Illegally Accessing Ginsburg's Health Info
A former healthcare industry worker who was accused of illegally accessing U.S. Supreme Court Justice Ruth Bader Ginsburg's healthcare records and posting them online was sentenced Thursday in Virginia federal court to two years in prison, the U.S. Department of Justice said.
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November 07, 2024
7th Circ. Affirms Warrantless Use of Surveillance Cameras
The Seventh Circuit is standing by its decision that putting a pole up to observe someone's home without a warrant doesn't trample their Fourth Amendment rights because it doesn't constitute a search.
Expert Analysis
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An Update On Legal Issues In The Drone Market
Marialuisa Gallozzi and Alex Slawson at Covington examine recent developments in the legal issues surrounding the growing drone market, including possible First Amendment protections, Fourth Amendment surveillance, and litigation involving criminal and civil penalties, evidentiary pursuits, and insurance.
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Compliance Pointers For Amended Pa. Data Breach Law
Recent updates to the Pennsylvania Breach of Personal Information Notification Act include a requirement that organizations alert the state's attorney general of certain consumer data breach notifications, and several incident response and cybersecurity considerations will be necessary to ensure compliance, say Matthew Meade and Laura Decker at Eckert Seamans.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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What To Make Of Dueling Corporate Transparency Act Rulings
Although challenges to the Corporate Transparency Act abound — as highlighted by recent federal court decisions from Alabama and Oregon taking opposite positions on its constitutionality — the act is still law, so companies should comply with their filing requirements or face the potential consequences, say attorneys at Lowenstein Sandler.
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Perspectives
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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California's AI Safety Bill Veto: The Path Forward
California Gov. Gavin Newsom's veto of a bill that sought to impose stringent regulations on advanced artificial intelligence model development has sparked a renewed debate on how best to balance innovation with safety in the rapidly evolving AI landscape, say Bobby Malhotra and Carson Swope at Winston & Strawn.
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New TCPA Rule Faces Uncertain Future Post-Loper Bright
The Federal Communications Commission's new rule aiming to eliminate lead generators' use of unlawful robocalls is now in doubt with the U.S. Supreme Court's Loper Bright decision, and the Eleventh Circuit's Insurance Marketing Coalition v. FCC is poised to be a test case of the agency's ability to enforce the Telephone Consumer Protection Act post-Chevron, say attorneys at Baker McKenzie.
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A Look At Calif.'s New AI Law For Health Insurers
A newly enacted California law prohibits artificial intelligence tools from making medical necessity determinations for healthcare service plans or disability insurers, addressing core questions that have arisen around AI's role in coverage decisions, say attorneys at DLA Piper.
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To Report Or Not To Report Others' Export Control Violations
A recent Bureau of Industry and Security enforcement policy change grants cooperation credit to those that report violations of the Export Administration Regulations committed by others, but the benefits of doing so must be weighed against significant drawbacks, including the costs of preparing and submitting a report, says Megan Lew at Cravath.
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Can SEC's Consolidated Audit Trail Survive Post-Chevron?
The U.S. Securities and Exchange Commission is currently in a showdown at the Eleventh Circuit over its authority to maintain a national market system and require that the industry spend billions to maintain its consolidated audit trail, a case that is further complicated by the Loper Bright decision, says Daniel Hawke at Arnold & Porter.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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How BIS' Rule Seeks To Encourage More Voluntary Disclosure
Updated incentives, penalties and enforcement resources in the Bureau of Industry and Security's recently published final rule revising the Export Administration Regulations should help companies decide how to implement export control compliance programs and whether to disclose possible violations, say attorneys at Freshfields.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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Navigating Complex Regulatory Terrain Amid State AG Races
This year's 10 attorney general elections could usher in a wave of new enforcement priorities and regulatory uncertainty, but companies can stay ahead of the shifts by building strong relationships with AG offices, participating in industry coalitions and more, say Ketan Bhirud and Dustin McDaniel at Cozen O’Connor.