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Cybersecurity & Privacy
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April 25, 2024
Delta Illegally Shares Fliers' Info With Facebook, Suit Says
Delta Air Lines Inc. was hit with a proposed class action lodged Thursday in California state court by two customers who accused it of unlawfully sharing their personal information with Facebook, including their travel dates, airport destinations, travel class, loyalty status, language and currency used to book flights on the airline's website.
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April 25, 2024
Privacy Hawks Plot What's Next After FISA Passage
After the Senate sent a bill renewing the controversial warrantless foreign surveillance law to the president's desk on Saturday, Sen. Ron Wyden, D-Ore., a staunch privacy advocate and one of the 34 senators to vote against it, said, "I'm not giving up."
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April 25, 2024
Judge Questions Equal Payouts In $9M White Castle BIPA Deal
An Illinois federal judge said Thursday he would grant preliminary approval to a $9.4 million settlement resolving a class action targeting White Castle's biometric timekeeping practices but added he wants more information on why all employees are poised to receive the same recovery regardless of how long they worked there.
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April 25, 2024
Becton BIPA Suit Gets Cut Short Under Health Exception
An Illinois federal judge permanently tossed a Chicago health worker's biometric privacy claims targeting Becton Dickinson and Co.'s drug dispensing cabinets, saying his arguments for putting distance between his case and foreclosing precedent "border on the frivolous."
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April 25, 2024
Tenn. Hacker Pleads Guilty In DraftKings Accounts Breach
A Memphis, Tennessee, man, on Thursday became the second defendant to plead guilty in Manhattan federal court to scheming to hack accounts on the DraftKings sports betting site.
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April 25, 2024
Atty Slams Mogul's Fight For Bank Records As Waste Of Time
An attorney struck back against an airline mogul's attempt to acquire his bank records as part of a hacking lawsuit, telling a federal court that a subpoena was invalid because it was sent under an improper bank name.
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April 25, 2024
Wellstar Sent Meta Patient Data Without Consent, Suit Alleges
Wellstar Health System Inc. was hit with a proposed class action in Georgia federal court, with a patient alleging the confidential health information of "millions" was shared with Meta Platform Inc. without consent after Wellstar installed the company's tracking and collection tools on its website and patient portal.
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April 25, 2024
Hospital Operator Must Face Data Privacy Suit In Mass.
A Massachusetts federal judge has ordered a hospital operator to face proposed class action claims that it exposed a patient's personal information to third parties, saying the patient had a reasonable expectation of privacy.
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April 25, 2024
FCC Restores Net Neutrality Rules In Party-Line Vote
The Federal Communications Commission voted 3-2 on party lines Thursday to bring back the Obama-era net neutrality regime by reclassifying broadband service under the Communications Act and making it subject to common carrier telecom rules.
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April 24, 2024
Canada Privacy Chief Aims To Make The Most Of Existing Laws
Amid his push for more robust enforcement powers, Canada's privacy commissioner hasn't forgotten that existing data protection laws still pack a punch and plans to continue to wield these tools to tackle priorities such as protecting children online and addressing concerns raised by technologies like ChatGPT, the regulator told Law360.
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April 24, 2024
Class Attys Seek $218M Fee Award In Google 'Incognito' Deal
Attorneys from three firms urged a California federal judge to award them $217.6 million in fees after reaching a settlement with Google in which the search giant agreed to delete billions of data records related to users' private browsing activities, with a Google representative blasting the fee bid as an attempt to "line their own pockets."
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April 24, 2024
Cooley, Latham Lead Data Security Firm Rubrik's $752M IPO
Venture-backed data security firm Rubrik Inc. on Wednesday priced a $752 million initial public offering above its range, represented by Cooley LLP while Latham & Watkins LLP advised the underwriters, joining an increasingly receptive market for technology firms.
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April 24, 2024
Crypto Mixer Execs Arrested Over $2B In Illicit Transactions
New York federal prosecutors announced Wednesday that they have arrested the co-founders of crypto mixing service Samourai Wallet over their operation of a crypto service that authorities say executed over $2 billion in unlawful transactions.
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April 24, 2024
Plex Hit With Privacy Lawsuit Over Info Sharing With Meta
A California man is suing streaming platform Plex, claiming the company secretly shares viewing data with Facebook in violation of the Video Privacy Protection Act.
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April 24, 2024
3 Takeaways On How AI Is Forcing Publicity Rights To Evolve
As digital replicas of someone's voice, image or likeness become easier to create with the help of artificial intelligence, this new era of deepfakes is shining a spotlight on the nation's patchwork of right-of-publicity laws and raising questions over when Congress may act to pass a national framework.
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April 24, 2024
Conn. Healthcare Co. Will Pay $1.5M To End Data Breach Suit
Merritt Healthcare Advisors has pledged a $1.525 million settlement fund for more than 88,000 people whose personal information was exposed in a data breach in 2022, with class counsel at Laukaitis Law LLC and Cole & Van Note in line to receive $508,283, according to a motion for preliminary approval in Connecticut federal court.
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April 24, 2024
DOJ Wants To Weigh In On Texas Google Ad Tech Discovery
The U.S. Department of Justice asked a federal judge Wednesday for permission to file a statement of interest in a Texas-led lawsuit accusing Google of anticompetitive conduct in the display advertising market, writing that the states' request for certain discovery items may violate an order in a substantially similar suit the DOJ is pursuing in Virginia.
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April 24, 2024
TikTok To Take Divestment Bill To Court
TikTok vowed on Wednesday to challenge in court new legislation requiring ByteDance Ltd. to divest the popular social media app or face a ban in the U.S., a pledge made the same day President Biden signed the measure into law.
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April 24, 2024
'Net Neutrality' Timeline: From Brand X To Biden-Era Brawl
The legal fight over how to treat broadband service hits a new milestone Thursday in Washington, the latest in a dispute that started a generation ago, soon after consumers began widely using the internet in the 1990s.
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April 24, 2024
Groups Back Intuit's 5th Circ. Challenge To FTC Over Ads
Business and conservative groups defended tax software giant Intuit Inc. in its Fifth Circuit constitutional challenge to the Federal Trade Commission's findings that the company engaged in deceptive advertising, saying the agency acts as both prosecutor and jury and that its administrative judges have unchecked power.
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April 24, 2024
Paul Weiss-Led IBM To Acquire HashiCorp In $6.4B Deal
Paul Weiss Rifkind Wharton & Garrison LLP is representing IBM on a deal to buy infrastructure automation company HashiCorp Inc. at an enterprise value of $6.4 billion, which the tech giant said Wednesday will allow it to cater to clients grappling with the exponential expansion of the cloud.
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April 24, 2024
Student Gets 9 Mos. For Stalking China Democracy Activist
A Boston federal judge on Wednesday sentenced a Chinese national to nine months in prison for threatening a fellow student at the Berklee College of Music who had posted a pro-democracy flier on campus, citing a desire to deter other foreigners from engaging in criminal conduct to suppress speech.
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April 23, 2024
AGs Urged To Probe Anti-Abortion Centers' Privacy Claims
A watchdog group on Tuesday pressed the attorneys general from Idaho, Minnesota, New Jersey, Pennsylvania and Washington to investigate certain "crisis pregnancy centers" that are allegedly misrepresenting their compliance with federal health privacy law, arguing that the organizations are exploiting consumers' misconception that the statute broadly protects their medical data.
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April 23, 2024
New Ga. Law Restricts Social Media Use For Youth Under 16
A bill signed into law Tuesday by Georgia Gov. Brian Kemp imposes new restrictions on minors' internet usage, including requiring social media companies to verify that users are 16 or older unless they receive approval from an individual's parents to use the service.
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April 23, 2024
TikTok Divestment Bill Heads To Biden's Desk
The Senate voted 79-18 on Tuesday night to pass a bill requiring ByteDance Ltd. to divest the popular social media app TikTok or face a ban in the U.S., which now goes to the president's desk.
Expert Analysis
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How Attorneys Can Be More Efficient This Holiday Season
Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.
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A Look At FedNow Liability Allocation And A 4th Circ. Toss-Up
Dsu-Wei Yuen and Andrew Lorentz at Davis Wright break down the current legal requirements that are directly applicable to common electronic payment systems like FedNow and Automated Clearing House and how they could be affected by a decision in Studco v. 1st Advantage Credit Union, currently on appeal in the Fourth Circuit.
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A Former Bankruptcy Judge Talks 2023 High Court Rulings
In 2023, the U.S. Supreme Court issued four bankruptcy law opinions — an extraordinary number — and a close look at these cases signals that changes to the U.S. Bankruptcy Code will have to come from Congress, not the courts, says Phillip Shefferly at the University of Michigan Law School.
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3 Defense Takeaways From The Bankman-Fried Trial
FTX founder and former CEO Sam Bankman-Fried’s recent fraud conviction offers several key lessons for future white collar defendants, from the changing nature of cross-examination to the continued risks of taking the stand, say Jonathan Porter and Gregg Sofer at Husch Blackwell.
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Series
Children's Book Writing Makes Me A Better Lawyer
Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.
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Inside New Classified Contract Guidance For Joint Ventures
A recent Information Security Oversight Office notice clarifies the interplay between small business joint-venture rules and eligibility determinations for U.S. Department of Defense classified contracts, but it's still unclear how this should be interpreted for non-DOD procurements, says Todd Overman at Bass Berry.
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The State Of CFPB Focus On Credit Reporting Of Medical Debt
An increase in credit reporting complaints and the Consumer Financial Protection Bureau's recent annual report on the Fair Debt Collection Practices Act — which focuses on medical debt in credit reporting — are both evidence of the fact that the bureau will continue to prioritize oversight of credit reporting of medical debt, says Kristen Watson at Burr & Forman.
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FDA's Recent Litigation Records Are Strong, But Imperfect
The U.S. Food and Drug Administration has notched its share of litigation wins in recent years thanks to a number of key advantages, but the FDA has been less successful in certain highly visible arenas, Jonathan Berman and Colleen Heisey at Jones Day.
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5 Steps For Healthcare Companies After Biden's AI Order
Rather than simply monitoring for the issuance of agency guidelines on artificial intelligence in the wake of President Joe Biden's October executive order, health and life sciences companies should take action now and begin building internal operational and technical infrastructures designed to govern the use of AI, says Joy Sharp at Faegre Drinker.
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7 Ways To Address Unknowns In Outsourcing Contracts
Amid rising business uncertainty, companies outsourcing critical functions should build flexibility into their contracts and adopt several contracting approaches to be prepared for a large range of unknown conditions, say Brad Peterson and Laura Buchanan at Mayer Brown.
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How Clients May Use AI To Monitor Attorneys
Excerpt from Practical Guidance
Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.
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EU GDPR Ruling Reiterates Relative Nature Of 'Personal Data'
The Court of Justice of the European Union recently confirmed in Gesamtverband v. Scania that vehicle identification number data can be processed under the General Data Protection Regulation, illustrating that the same dataset may be considered "personal data" for one party, but not another, which suggests a less expansive definition of the term, say lawyers at Van Bael.
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Energy Sector Takeaways From Biden's AI Executive Order
While the U.S. Department of Energy begins to establish rules in accordance with President Joe Biden's recent executive order on artificial intelligence, in-house counsel can work with business lines and executive teams to consider implementing their own AI governance process, say Joel Meister and James De Vellis at Foley & Lardner.
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How AI Executive Order Aims To Compete For Foreign Talent
Immigration provisions within the Biden administration's executive order on artificial intelligence take a strategic approach to promoting the U.S. as a destination for AI and STEM talent by streamlining visa processing, enhancing educational and exchange programs, and improving current visa programs and pathways to permanent residency, says Eric Bord at Morgan Lewis.
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Series
The Pop Culture Docket: Judge D'Emic On Moby Grape
The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.