Cybersecurity & Privacy

  • December 10, 2024

    US Sanctions Chinese Hacker, Employer For Firewall Exploits

    A Chinese national is facing federal charges and U.S. sanctions, with prosecutors accusing him of scheming to exploit tens of thousands of firewalls, including those the government noted Tuesday protected sensitive systems of companies that run oil rigs and vital infrastructure.

  • December 10, 2024

    3rd Circ. Judge Unsure Subpoena Chills Anti-Abortion Donors

    A Third Circuit panel on Tuesday weighed whether an anti-abortion pregnancy center would suffer irreparable harm absent a court order blocking the enforcement of a subpoena seeking information about its donors, questioning whether donors would be imminently chilled if their names are disclosed to New Jersey investigators.

  • December 10, 2024

    Google Takes Aim At Ad Tech Antitrust Claims In States' Suit

    Google has blasted the lawsuit accusing it of illegally manipulating the advertising market, saying that Texas and the roughly dozen other states behind the litigation are "playing a shell game" in which they serially amend their complaints to "avoid the weaknesses of their antitrust claims."

  • December 10, 2024

    FinCEN Says CTA Still Constitutional In Post-Injunction Alert

    The Financial Crimes Enforcement Network has alerted companies that they do not currently need to file so-called beneficial ownership information with the agency after a federal judge's nationwide preliminary injunction blocking the Corporate Transparency Act, though the bureau maintained that the law calling for such information is constitutional.

  • December 10, 2024

    NC Law Firm, Insurer Drop Phishing Coverage Row

    A law firm specializing in real estate transactions and its cyber insurer told a North Carolina federal court Tuesday they've agreed to settle their dispute over coverage for a phishing scam the firm said caused it to unwittingly wire roughly $647,000 to the hacker's bank account.

  • December 10, 2024

    Trump Taps Ferguson As FTC Chief, Kressin Atty To GOP Seat

    President-elect Donald Trump named current Federal Trade Commission member Andrew N. Ferguson to be its next chair Tuesday night while also picking Kressin Meador Powers LLC partner Mark Meador, a former deputy chief counsel to Sen. Mike Lee, R-Utah, to round out the FTC as its third Republican member.

  • December 10, 2024

    FCC Cracks Down Again On Failures To Block Robocalls

    The Federal Communications Commission will consider tougher compliance rules to ensure voice service providers take part in efforts to cut robocalls, also saying Tuesday that more than 2,400 providers could face enforcement action for failing to meet existing filing requirements.

  • December 10, 2024

    'Figurehead Plaintiff' Dooms Cert. In Hotel Workers' BIPA Suit

    An Illinois federal judge refused Tuesday to certify a class of hotel workers accusing software provider Unifocus of violating Illinois' landmark biometric privacy law, saying their class representative had become a "forbidden figurehead plaintiff" who didn't see the operative complaint until more than three years into the litigation.

  • December 10, 2024

    Insurer Seeks Exit From Firm's Bid For $2.8M Hack Coverage

    A private equity firm's insurer told a Nebraska federal court it owed no coverage for what the firm said was a $2.83 million loss from a hack, maintaining the event didn't meet its policy's definitions of "loss" or claims and fell under a cyber theft exclusion.

  • December 10, 2024

    Kirkland, Davis Polk Drive Gen Digital's $1B MoneyLion Buy

    Cybersecurity software company Gen Digital Inc., led by Kirkland & Ellis LLP, has entered into a definitive agreement to acquire Davis Polk & Wardwell LLP-advised personal finance platform MoneyLion Inc. for about $1 billion, the companies said Tuesday.

  • December 10, 2024

    Ky. Rep. Guthrie To Chair House Energy And Commerce Panel

    Rep. Brett Guthrie, R-Ky., has won the race for chair of the House Energy and Commerce Committee, a key congressional post that includes jurisdiction over telecom issues and oversight of the Federal Communications Commission.

  • December 09, 2024

    Calif. Floats Requiring Social Media Warning Labels

    California Attorney General Rob Bonta on Monday introduced a bill that would require a "black box warning" to be displayed on social media platforms to remind users of the risks of prolonged social media use, citing research linking children's and teens' use to health harms like depression.

  • December 09, 2024

    CFPB Eyes Credit Reporting Rule To Address 'Coerced Debt'

    The Consumer Financial Protection Bureau said Monday that it is looking into new credit reporting safeguards for consumers who have experienced domestic violence or other abuse, launching a rulemaking push that will carry into the next Trump administration.

  • December 09, 2024

    Blockchain Co. IP Fight With Investment Firm Teed Up For Trial

    A California federal judge has said a jury should decide whether the investment firm Franklin Templeton misappropriated trade secrets of Blockchain Innovation LLC and breached its fiduciary duty and contract with the firm when it shut down a digital asset startup that Blockchain later acquired.

  • December 09, 2024

    Apple Faces Another Suit Over Child Porn Detection Failures

    Apple has been hit with another proposed class action by child abuse victims in California federal court alleging that the tech giant misled users about its efforts to combat the dissemination of child pornography and defectively designed its products, thereby allowing explicit imagery to run rampant on its iCloud and Apple devices.

  • December 09, 2024

    Facebook Execs Deny Email Breach Harm In Del. Hearing

    Two former Facebook directors turned to "chutzpah" in answering a stockholder class call for sanctions against them for deleting uncounted emails regarding privacy violations and the Cambridge Analytica scandal, a stockholder attorney told a Delaware vice chancellor on Monday.

  • December 09, 2024

    LendingTree Pushes FCC Again To Rework Lead Consent Rule

    Loan marketer LendingTree is making one more effort to persuade the Federal Communications Commission to trim the scope of its lead generation consent rule in hopes of seeing changes before the regulations take effect in January.

  • December 09, 2024

    Ga. Attys Urge Companies To Develop Generative AI Policies

    Companies need to develop policies mitigating the effects of generative artificial intelligence as the tool is already impacting contracts and other aspects of business across nearly every industry, attorneys said Monday at a State Bar of Georgia panel.

  • December 09, 2024

    TikTok Seeks Halt On Sale-Or-Ban Law For High Court Appeal

    TikTok Inc. and its users are pressing the D.C. Circuit to put on hold the implementation of a law that is set to bar the platform from the U.S. market next month while they appeal a ruling backing the measure to the U.S. Supreme Court. 

  • December 06, 2024

    DC Circ. Ruling Far From Last Word On Looming TikTok Ban

    The D.C. Circuit's decision Friday paving the way for a U.S. ban on TikTok to take effect next month sparked immediate concerns about the loss of a social platform that millions rely on to freely express themselves, but a likely appeal and upcoming administration change could end up flipping the script.

  • December 06, 2024

    Ill. Judge Sends Hair Restoration Text Suit To Arbitration

    An Illinois federal judge paused litigation against a hair restoration company accused of sending a website user unwanted text promotions and ordered the parties Friday to arbitrate their dispute, following a Seventh Circuit ruling that upheld an arbitration agreement with less to go off of.

  • December 06, 2024

    Netflix's 'Our Father' Trial Ends With Modest Award

    Facing millions of dollars in punitive damage liabilities, Netflix and its army of lawyers were able to keep an Indiana federal jury's verdict at $385,000 in a privacy lawsuit over the names of the biological children of a rogue fertility doctor that appeared in the "Our Father" documentary.

  • December 06, 2024

    Google Must Face Trimmed BIPA Suit Over IBM Dataset

    A California federal judge on Thursday permitted Illinois residents to proceed with a pared-down version of their proposed class action accusing Google of violating biometric privacy laws with facial data collected by IBM, ruling they've adequately alleged a violation of the Illinois Biometric Privacy Act.

  • December 06, 2024

    Rugby League, Fox Sports Move To End Meta Tracking Row

    Fox Sports Australia and the National Rugby League are urging a California federal court to nix a proposed class action accusing them of disclosing viewers' personal data to Meta and other third parties without their knowledge or consent, saying the dispute belongs in Australia.

  • December 06, 2024

    Google's Payments Unit Sues Over CFPB Supervision Order

    Google on Friday sued the Consumer Financial Protection Bureau in D.C. federal court almost immediately after the regulator said it ordered formal supervision for the tech giant's payments arm based on potential risks to consumers, a designation to which Google previously objected.

Expert Analysis

  • So You Want To Move Your Law Practice To Canada, Eh?

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    Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.

  • A Look At Similarities Between SOX And SEC's Cyber Rule

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    Just as the Sarbanes-Oxley Act paved the way for greater transparency and accountability in financial reporting, the SEC's cybersecurity rule is doing much the same for cybersecurity, ensuring that companies are resilient in the face of growing cyber threats, says Padraic O'Reilly at CyberSaint.

  • DOD Cybersecurity Rule Will Burden And Benefit Contractors

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    The U.S. Department of Defense’s cybersecurity certification program, finalized in October, will pose tricky and expensive challenges for contractors, given its many requirements and the scarcity of third-party assessors who can provide certification, but companies may ultimately benefit from a narrower pool of competitors, say attorneys at Miles & Stockbridge.

  • US Intellectual Property-Based Sanctions Could Be Imminent

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    A recent presidential delegation suggests that regulators may be ready to wield the sanctions authority found in the Protecting American Intellectual Property Act, which has been unutilized for the first 22 months of its life, say attorneys at Morgan Lewis.

  • 9 Considerations Around Proposed Connected Vehicle Ban

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    Stakeholders should consider several aspects of the U.S. Department of Commerce's recent proposal to ban U.S. imports and sales of vehicles incorporating certain connectivity components made in China or Russia, including exempted transactions and vehicle hardware imports, say attorneys at Blank Rome.

  • Legislation Most Likely To Pass In Lame Duck Session

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    As Congress begins its five-week post-election lame duck session, attorneys at Greenberg Traurig break down the legislative priorities and which proposals can be expected to pass.

  • Putting NYDFS AI Cybersecurity Guidance Into Practice

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    New guidance from the New York Department of Financial Services explains how financial institutions should assess and mitigate cybersecurity risks associated with artificial intelligence, focusing on four main threats and highlighting how varying environments require specific mitigation measures, say attorneys at Saul Ewing.

  • Promoting Diversity In The Selection Of ADR Neutrals

    Excerpt from Practical Guidance
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    Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.

  • Series

    Playing Ultimate Makes Us Better Lawyers

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    In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron. 

  • How Property Insurance Coverage Shrank After The Pandemic

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    Insurers litigating property claims are leveraging rulings that provided relief in the COVID-19 context to reverse the former majority rule on physical loss or damage in all contexts, say attorneys at Reed Smith.

  • E-Discovery Quarterly: Recent Rulings On Metadata

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    Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.

  • What FTC's 'Bitcoin ATM' Report Tells Us About Crypto Scams

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    The Federal Trade Commission's recent insights into bitcoin ATM scams highlight the technical evolution of fraudsters, the application of old scams to new technology, and the persistent financial impact on victims, say attorneys at DLA Piper.

  • Striking A Balance Between AI Use And Attorney Well-Being

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    As the legal industry increasingly adopts generative artificial intelligence tools to boost efficiency, leaders must note the hidden costs of increased productivity, and work to protect attorneys’ well-being while unlocking AI’s full potential, says Ed Sohn at Factor.

  • 6 Steps To Ready Defense Contractors For Cybersecurity Rule

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    Following the U.S. Department of Defense's final rule establishing the Cybersecurity Maturity Model Certification program in federal regulations, Sandeep Kathuria at Ice Miller provides a refresher on CMMC and identifies best practices for defense contractors awaiting full implementation of CMMC.

  • Takeaways From The IRS' Crypto Doc Summons Win

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    A recent First Circuit decision holding that taxpayers do not have a Fourth Amendment reasonable expectation of privacy in cryptocurrency transaction records should prompt both taxpayers and exchanges to take stock of past transactions and future plans, say attorneys at BakerHostetler.

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