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Cybersecurity & Privacy
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August 28, 2024
TikTok Lawsuit, Kids' Privacy Bills Push Cos. 'Back To Basics'
The federal government's lawsuit challenging TikTok's policing of kids on its platform and mounting efforts to boost online protections for teens is ramping up pressure on a broad range of website operators, highlighting the importance for companies to think beyond existing legal frameworks to avoid growing legal scrutiny.
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August 28, 2024
Jones Walker Adds In-House Vet To Co-Lead Privacy, AI Team
Jones Walker LLP has a new co-leader of its privacy, data strategy and artificial intelligence team in Atlanta who has served in prominent in-house roles at both global consulting firm Vialto Partners and EY.
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August 28, 2024
Top Gov't Contracts Cases To Watch In The 2nd Half Of 2024
Federal courts in the latter half of 2024 are expected to scrutinize a strict federal registration requirement for contractors and decide whether whistleblower False Claims Act cases are constitutional, potentially affecting a key federal anti-fraud tool. Here, Law360 previews key disputes that government contractors should have on their radar in the second half of the year.
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August 27, 2024
'Real Martha' Of 'Baby Reindeer' Says Netflix Must Face Suit
A Scottish lawyer who alleges that Netflix's "Baby Reindeer" series defamed her through its portrayal of a violent stalker character urged a California federal judge Monday not to toss her lawsuit, arguing that the hate mail and death threats she's received prove that the public believes that the portrayal of her is true.
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August 27, 2024
Wells Fargo Says 'Good Faith' Efforts Ax Investors' Bias Suit
Wells Fargo & Co. urged a California federal judge Tuesday to toss a derivative lawsuit filed by a putative class of shareholders claiming the bank's board of directors failed to address its discriminatory lending and hiring practices, saying there's evidence of "good-faith" efforts to monitor compliance in those areas.
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August 27, 2024
Tile, Stalking Victims Asked To Weigh In On Appellate Ruling
A San Francisco federal judge mulling tracking device manufacturer Tile Inc.'s bid to arbitrate some claims that its Bluetooth trackers are dangerous because they empower stalkers asked the parties at a hearing Tuesday to brief her on the effect of a recent California appellate court decision regarding arbitrability.
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August 27, 2024
Capital One Accused Of Selling Account Data To Meta, Google
A group of Golden State consumers have hit Capital One Financial Corp. with a proposed class action in California federal court, alleging that the financial giant surreptitiously disclosed the personal financial information of millions of consumers to Meta Platforms Inc., Google LLC, Microsoft Corp. and other third parties without consumers' consent.
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August 27, 2024
No 'Novella' Briefs In Alexa Privacy Suit, Judge Tells Amazon
Amazon will not be allowed to file a "novella"-length summary judgment motion in a proposed class action by unregistered Alexa users alleging that they were illegally recorded, a Seattle federal judge has ruled, saying his experience has shown that more pages do not always mean a more comprehensive argument.
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August 27, 2024
Nasdaq Seeks SEC's Green Light To Launch Bitcoin Options
The Nasdaq stock exchange said Tuesday it is seeking regulatory approval to allow the listing of an options tool that tracks the price of bitcoin, a move designed to expand institutional and retail trading of cryptocurrency-related assets.
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August 27, 2024
Google Privacy Class Action Delays Irk Discovery Judge
A California federal judge expressed frustration Tuesday with discovery delays in a years-old class action alleging Google Assistant-enabled devices surreptitiously recorded conversations, telling attorneys they've already "been around and around and around" on discovery fights, and "we need to keep this moving."
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August 27, 2024
Mich. Atty Says Brother's Email Hack Harming Clients, Firm
A Michigan attorney has accused his brother of improperly accessing his law firm's email accounts and confidential discussions with clients, forcing the attorney to step down as name partner of his firm, allegedly after the brothers' joint cannabis venture failed.
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August 27, 2024
Cribl Valued At $3.5B After $319M Series E Funding Round
Data engine company Cribl Inc., advised by Cooley LLP, on Tuesday announced that it reached a $3.5 billion valuation after successfully closing its oversubscribed Series E funding round with $319 million in investor commitments.
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August 27, 2024
Morgan Stanley Applicant Drops Suit After Pseudonym Order
A Massachusetts woman on Tuesday dropped her proposed class action claiming Morgan Stanley illegally used protected criminal history information to discriminate against applicants, after a federal judge ruled she couldn't advance the lawsuit under a pseudonym.
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August 26, 2024
Feds Say Trump Docs Dismissal Contradicts 'Long Tradition'
Special counsel Jack Smith on Monday lodged the government's opening brief in its Eleventh Circuit appeal of the dismissal of the classified documents case against former President Donald Trump, arguing that the lower court's finding is contrary to "precedent and history" and the "long tradition of special-counsel appointments by the attorney general."
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August 26, 2024
Uber Hit With €290M Dutch Fine For EU Data Transfers To US
The Netherlands' data protection authority has fined Uber €290 million ($324 million) on allegations it failed to use a valid mechanism for sending European drivers' personal data to the U.S. for more than two years, a penalty that the ride-sharing provider has vowed to appeal.
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August 26, 2024
Care.com To Pay $8.5M To Settle FTC's Deception Claims
Caregiver job website Care.com has agreed to shell out $8.5 million in refunds to put to rest allegations it misled caregivers about wages and job availability and also made it difficult for families to cancel paid memberships, the U.S. Federal Trade Commission announced Monday.
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August 26, 2024
BNY To Pay $5M CFTC Fine Over Swap Reporting Issues
The Commodity Futures Trading Commission and the Bank of New York Mellon reached a $5 million deal on Monday to resolve claims that the bank repeatedly failed to correctly report millions of swap transactions to a registered swap data repository and failed to properly supervise its swap dealer business.
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August 26, 2024
Health System Sues JPMorgan Over Funds Lost In Scam
Massachusetts-based healthcare system Baystate Health Inc. sued JPMorgan Chase & Co. on Monday over $420,000 it lost as a result of an email scam it said the bank should have prevented.
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August 26, 2024
NJ Marine Fuel Co. Sues Rival Formed By Ex-Employees
A New Jersey marine fuel buyer has accused two brothers who worked for the company of misappropriating trade secrets and illegally accessing confidential information when they resigned to form a new venture in the same market, according to a lawsuit filed in New Jersey federal court.
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August 26, 2024
Ex-FCC Republican Urges 6th Circ. To Tank Net Neutrality
A former Republican on the Federal Communications Commission who helped overturn net neutrality rules when the agency leadership was in GOP hands has pressed the Sixth Circuit to snuff out the Democratic FCC's effort to revive the policy.
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August 26, 2024
Papa John's Workers In BIPA Class Can 'Fly Solo,' Judge Says
An Illinois federal judge trimmed a lawsuit Friday filed by two former Papa John's workers who claim the chain violated the state's biometric privacy law, but refused to dismiss it as duplicative of a putative class action raising similar claims, saying the plaintiffs have every right to "grab the litigation wheel."
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August 26, 2024
CLE Co. Accused Of Sharing Subscriber Data With Facebook
A proposed class of legal professionals has hit Lawline with a putative class action in New York federal court, accusing the continuing legal education company of violating the Video Privacy Protection Act by sharing subscribers' information, including services and video viewing history, with third parties such as Facebook for targeted advertising purposes.
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August 26, 2024
DC Judge Says Missouri AG Can't Investigate Media Matters
A D.C. federal judge has again blocked a Republican attorney general from demanding a slew of records from liberal media watchdog Media Matters, this time halting a probe from Missouri Attorney General Andrew Bailey.
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August 26, 2024
Cadwalader Fears Unsealing Financial Info May Harm Firm
Cadwalader Wickersham & Taft LLP has argued in North Carolina Business Court that unsealing financial details related to a November 2022 data breach and its insurance policy with a Lloyd's of London syndicate would put the firm at further risk from competitors and bad actors.
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August 26, 2024
Telegram CEO Arrested In French Probe Of Messaging App
The founder and CEO of messaging platform Telegram has been arrested in Paris as part of an investigation into allegations the company is complicit in illegal transactions, child pornography and organized fraud, French prosecutors said Monday.
Expert Analysis
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FTC Drives Crackdown On Connected Cars' Data Privacy Risk
After the Federal Trade Commission's warning to automakers about data privacy, which continues to emerge as a national concern, automakers must carefully examine their data collection, use and retention practices, say Catherine Castaldo and Michael Rubayo at Reed Smith.
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Considerations As State AGs Step Up Privacy Enforcement
As new state privacy laws take effect, businesses are facing an increasingly complex patchwork of compliance obligations and risk of scrutiny by attorneys general, but companies can gain a competitive edge by building consumer trust and staying ahead of regulatory trends, say Ann-Marie Luciano and Meghan Stoppel at Cozen O’Connor.
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Lessons From Recent SEC Cyber Enforcement Actions
The recent guidance by the SEC's Division of Corporation Finance is helpful to any company facing a cybersecurity threat, but just as instructive are the warnings raised by the SEC's recent enforcement actions against SolarWinds, R.R. Donnelley and Intercontinental Exchange, say attorneys at O'Melveny.
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How Cos. With Chinese Suppliers Should Prep For Biotech Bill
A proposed bill to prohibit government-affiliated life sciences companies from contracting with Chinese biotech companies of concern may necessitate switching to other sources for research and supplies, meaning they should begin evaluating supply chains now due to the long lead times of drug development, say John O'Loughlin and Christina Carone at Weil Gotshal.
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Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?
A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.
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Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.
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A Look At The Regulatory Scrutiny Facing Liquid Restaking
Recent U.S. Securities and Exchange Commission enforcement actions highlight the regulatory challenges facing emerging financial instruments like liquid restaking tokens and services, say Daniel Davis and Alexander Kim at Katten.
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Considerations When Using Publicly Available Data To Train AI
To maximize the benefits and mitigate the risks of using publicly available data to train artificial intelligence models, companies should maintain a balance between openness and protection, and consider certain best practices, says Michael Cole at Mercedes-Benz Research & Development North America.
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Illinois BIPA Reform Offers Welcome Relief To Businesses
Illinois' recent amendment to its Biometric Information Privacy Act limits the number of violations and damages a plaintiff can claim — a crucial step in shielding businesses from unintended legal consequences, including litigation risk and compliance costs, say attorneys at Taft.
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Jarkesy Ruling May Redefine Jury Role In Patent Fraud
Regardless of whether the U.S. Supreme Court’s Jarkesy ruling implicates the direction of inequitable conduct, which requires showing that the patentee made material statements or omissions to the U.S. Patent and Trademark Office, the decision has created opportunities for defendants to argue more substantively for jury trials than ever before, say attorneys at Cadwalader.
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3 Leadership Practices For A More Supportive Firm Culture
Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.
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E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.
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Loper Bright Limits Federal Agencies' Ability To Alter Course
The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.
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How To Deploy AI In A Dangerous Threat Landscape
Businesses are feeling immense pressure to deploy generative artificial intelligence tools to accelerate profits and demonstrate their technological superiority to investors and consumers, and there are a few steps they can take when using AI tools to mitigate liability risks, say B. Stephanie Siegmann and Julianna Malogolowkin at Hinckley Allen.
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What Cos. Should Note In DOJ's New Whistleblower Pilot
After the U.S. Department of Justice unveiled a new whistleblower pilot program last week — continuing its efforts to incentivize individual reporting of misconduct — companies should review the eligibility criteria, update their compliance programs and consider the risks and benefits of making their own self-disclosures, say attorneys at Skadden.