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Cybersecurity & Privacy
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October 15, 2024
Western Digital Had No Way Around Patent, Spex Chief Says
Western Digital owes between $5 and $8.50 per unit for infringing Spex's data security patent based on Spex's 2009 licensing deal with Kingston Technology, Spex's president told California federal jurors Tuesday, noting that Western Digital had no noninfringing alternative to implement hardware encryption in its storage devices.
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October 15, 2024
New Cybersecurity Rules Threaten Defense Industrial Base
The Pentagon's stringent new cybersecurity rule for its contractors threatens to drive away companies that may struggle with the added costs of compliance, while exacerbating concerns about an already-shrinking defense industrial base.
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October 15, 2024
Anti-Abortion Nonprofit Moves To Block NJ AG's Subpoena
An anti-abortion pregnancy center urged a New Jersey federal court Tuesday to immediately block Attorney General Matt Platkin's subpoena seeking information about its donors, arguing it will suffer irreparable harm if it is forced to comply before any of its constitutional claims are considered by the court.
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October 15, 2024
NC Lt. Gov. Sues CNN Over 'Black Nazi' Porn Site Story
North Carolina Lt. Gov. Mark Robinson brought a $50 million defamation suit Tuesday accusing CNN of publishing "disgusting lies" about his alleged posts on a porn site in a coordinated attempt to damage the socially conservative Republican's gubernatorial campaign.
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October 15, 2024
Google Seeks To Pause Play Store Injunction Amid Appeal
Google has urged a California federal judge to issue an immediate stay in its antitrust battle with Epic Games Inc. that would pause a three-year injunction requiring Google to open up its Play Store to competing app stores pending the outcome of its Ninth Circuit appeal.
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October 15, 2024
LA Injury Law Firm Sued Over Unsolicited Robocalls
A California man is suing Los Angeles-based personal injury firm Wilshire Law PLC in federal court, alleging the firm is violating the Telephone Consumer Protection Act by making unsolicited robocalls to drum up business.
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October 15, 2024
LabCorp Gets Google Health Info Suit Sent To Arbitration
Laboratory Corporation of America succeeded in its bid to have a patient privacy lawsuit handled by arbitration, after a Pennsylvania federal judge ruled that users of the company's website who sued it for allegedly sharing sensitive information with Google agreed to arbitration by using the patient portal.
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October 15, 2024
PE-Backed Ingram Micro Leads 2 IPOs Seeking $466M Total
Private equity-backed information technology company Ingram Micro Holding Corp. on Tuesday unveiled a price range on an estimated $400 million initial public offering set to price next week, one of two companies to launch plans for IPOs that could net $466 million combined.
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October 15, 2024
Atty Says Appellate Co.'s Ads Look Like Case Updates
A California attorney has launched a proposed class action against appellate case management company Record Press in California federal court alleging that the New York-based company sends lawyers spam emails that deceptively appear to be important updates about ongoing litigation.
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October 15, 2024
Lit Funder-Backed Co. Says NJ Judicial Privacy Law Is Valid
A New Jersey judicial privacy law is not unconstitutional since it requires that defendants act negligently by knowingly violating the law, a data privacy company said in seeking to prevent the dismissal of dozens of lawsuits, which the company also acknowledged are being funded by third-party litigation funder Parabellum Capital LLC.
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October 15, 2024
2nd Circ. Says 'Robust' Video Privacy Law Covers NBA Suit
The Second Circuit on Tuesday endorsed a broad reading of a decades-old video privacy law in the modern internet age as it revived a proposed class action against the NBA by one of its free newsletter subscribers who claimed the league's website unlawfully shared his viewing information with Facebook.
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October 15, 2024
Law Firms Diverge As Anti-ESG Pushback Continues
A continuing onslaught of legislation and litigation opposing corporate environmental, social and governance actions has created a fork in the road for law firms, with some choosing to scale back efforts and others pushing ahead with their internal ESG and diversity, equity and inclusion goals.
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October 15, 2024
The 2024 Law360 Pulse Social Impact Leaders
Check out our Social Impact Leaders ranking, analysis and interactive graphics to see which firms stand out for their engagement with social responsibility and commitment to pro bono service.
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October 15, 2024
DHS Chief Privacy Officer Joins Frost Brown Todd In DC
Frost Brown Todd LLP has hired the chief privacy officer and chief Freedom of Information Act officer for the Department of Homeland Security, who is joining the firm's practice focused on internet data and technology, the firm announced Tuesday.
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October 15, 2024
Ill. Home Health Kickbacks Ruling Intact After Justices Pass
The nation's top court said Tuesday it won't review a Seventh Circuit decision largely affirming that a home health care company broke federal kickback laws, leaving intact its holding that the company must pay millions in damages.
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October 11, 2024
High Court's TCPA Grant Set To Broaden Loper Bright's Blow
On the heels of the U.S. Supreme Court dealing a major blow to the power of federal agencies to interpret laws, the justices are poised to again boost judicial authority and potentially release a torrent of litigation challenging the established tome of regulations crafted under the Telephone Consumer Protection Act.
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October 11, 2024
Elon Musk's X Drops Unilever From Advertising Boycott Suit
X Corp. has dropped Unilever from its antitrust suit accusing the global consumer goods company and others of conspiring to withhold advertising revenue from the social media platform, announcing in a post Friday that it's "pleased to have reached an agreement with Unilever" and "we look forward to more resolution."
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October 11, 2024
Apple Judge OKs New Schedule But Pans 'Burden' To Court
A California federal judge Friday issued an order in antitrust litigation against Apple that permits the plaintiffs and the tech giant to push out discovery deadlines, but said the change "shifts the burden to the court," so they'll have to prepare for trial "with or without" rulings on filed motions.
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October 11, 2024
Mich. Atty Can't Escape Voting Machine Possession Trial
A Michigan state judge on Friday said an attorney cannot escape an indictment alleging that she unlawfully accessed voting machines after the 2020 election, rejecting her argument that the charging document should be void because the state law about voting machine possession is too vague.
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October 11, 2024
DOD Finalizes High-Profile Contractor Cybersecurity Rule
The U.S. Department of Defense on Friday finalized a rule implementing its sweeping Cybersecurity Maturity Model Certification program, which will attach a minimum cybersecurity requirement to nearly all DOD contracts.
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October 11, 2024
Google Appeals Epic Injunction To 9th Circ.
Google is appealing a California federal judge's recent order that it allow for third-party app distribution on its Android phones, taking the company's long-running fight with Fortnite-maker Epic Games to the Ninth Circuit with just weeks before the injunction is set to take effect.
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October 11, 2024
Judge Doubts FTX Alum Needs Further Dog Bite Recovery
A Manhattan federal judge has denied a bid from former FTX executive Ryan Salame to further postpone the start of his 7½-year prison sentence, saying he had already benefited from "extremely generous" delays, and agreeing with prosecutors that Salame appeared to have largely recovered from a dog bite that he said he suffered in June.
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October 11, 2024
Pa. Justices Won't Review Bible App Maker's Coverage Denial
The Pennsylvania Supreme Court declined to hear a Bible app maker's coverage bid over a hacker's deletion of its videos and software stored on a GoDaddy Inc. server, letting stand an appeals panel's ruling in a case of first impression on what "your computers" means in a property policy.
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October 11, 2024
9th Circ. Backs Planned Parenthood's $14M Atty Fee Win
The Ninth Circuit upheld a nearly $14 million attorney fee award to Planned Parenthood after the reproductive health service provider won its suit claiming the Center for Medical Progress unlawfully recorded abortion service providers, saying Friday the award was not unreasonably disproportionate to the jury's $2.4 million damages award.
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October 11, 2024
Off The Bench: NCAA's NIL Deal Advances, QB Settles Again
In this week's Off The Bench, the NCAA and the athletes suing it over name, image and likeness money satisfy a judge with their proposed settlement revisions, an NFL quarterback settles yet another sexual assault accusation, and a legal battle between the NFL and one of its former reporters ends amicably.
Expert Analysis
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What Companies Should Consider Amid Multistate AG Actions
The rise of multistate attorney general actions is characterized by increased collaboration and heightened scrutiny across various industries — including Big Tech and gaming — and though coalitions present challenges for targeted companies, they also offer opportunities for streamlined resolutions and coordinated public relations efforts, say attorneys at Cozen O'Connor.
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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Careful Data Governance Is A Must Amid Enforcement Focus
Federal and state regulators' heightened focus on privacy enforcement, including the Federal Trade Commission's recent guidance on consumer protection in the car industry, highlight the importance of proactive risk management, compliance and data governance, say Jason Priebe and Danny Riley at Seyfarth.
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What Employers Need To Know About Colorado's New AI Law
The Colorado AI Act, enacted in May and intended to regulate the use of high-risk artificial intelligence systems to prevent algorithmic discrimination, is broad in scope and will apply to businesses using AI for certain employment purposes, imposing numerous compliance obligations and potential liability, say Laura Malugade and Owen Davis at Husch Blackwell.
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5 Critical Factors Driving Settlement Values In Cyber Litigation
Recent ransomware incidents and their legal repercussions offer five valuable insights into the determinants of settlement values in cyberattack-related litigation, and understanding these trends and their implications can better prepare organizations for the potential legal fallout from future breaches, says Peter Kamminga at JAMS.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.
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What 4 Cyber Protection Actions Mean For Marine Transport
Several recent steps by the Biden administration are necessary to address the cyber threats that increasingly disrupt the maritime sector, but also impose new legal risks, liabilities and operating costs on the owners and operators of U.S.-flagged vessels and facilities, say attorneys at Holland & Knight.
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Cyber Takeaways For Cos. From Verizon Data Breach Report
Camilo Artiga-Purcell at Kiteworks analyzes the key findings of the 2024 Verizon Data Breach Investigations Report from a legal perspective, examining the implications for organizations' cybersecurity strategies and compliance efforts.
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Think Like A Lawyer: Always Be Closing
When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.
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Takeaways From Nat'l Security Division's Historic Declination
The Justice Department National Security Division's recent decision not to prosecute a biochemical company for an employee's export control violation marks its first declination under a new corporate enforcement policy, sending a clear message to companies that self-disclosure of misconduct may confer material benefits, say attorneys at Perkins Coie.
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Lessons From Epic's Dutch Fine For Unfair Marketing To Kids
Dutch regulators' imposition of a €1.1 million fine on Epic Games for unfair commercial practices targeting children marks a significant moment in the ongoing scrutiny of digital market practices, and follows an increased focus on children's online safety in the U.S. and European Union, say attorneys at Crowell & Moring.
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Opinion
California Has A Duty To Curtail Frivolous CIPA Suits
As plaintiffs increasingly file class actions against companies for their use of website tracking cookies and pixels, the Legislature should consider four options to amend the California Invasion of Privacy Act and restore the balance between consumer privacy and business operational interests, say Steven Stransky and Jennifer Adler at Thompson Hine and Glenn Lammi at the Washington Legal Foundation.
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Risks And Promises Of AI In The Financial Services Industry
Generative artificial intelligence has immense potential to revolutionize the financial services industry, but firms considering its use should first prepare to show their customers and the increasingly divided international regulatory community that they can manage the risks inherent to the new technology, say attorneys at Gibson Dunn.
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Playing The Odds: Criminal Charges Related To Sports Betting
In light of recent sports betting scandals involving MLB player Shohei Ohtani and NBA player Jontay Porter, institutions and individuals involved in athletics should be aware of and prepared to address the legal issues, including potential criminal charges, that sports gambling may bring to their door, say attorneys at Steptoe.