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Cybersecurity & Privacy
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February 28, 2025
Wash. Judge Picks Apart Parents' Hospital Data Privacy Suit
A Washington appellate judge on Friday grilled parents seeking to revive their proposed privacy class action against a Seattle hospital, expressing frustration with their argument that state wiretapping law could apply to an individual's queries to a public-facing website.
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February 28, 2025
FinCEN Delays Corporate Transparency Act Deadlines
The Financial Crimes Enforcement Network said it will not take any enforcement actions against companies failing to file or update their beneficial ownership information reports pursuant to the Corporate Transparency Act until an interim final rule becomes effective.
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February 28, 2025
Justices Asked To Review IRS Crypto Doc Seizure Case
A cryptocurrency investor who lost his challenge to the Internal Revenue Service's seizure of his account records has asked the U.S. Supreme Court for review, saying the 1976 legal doctrine that sank his case is outdated and fails to meet digital realities, including decentralized banking.
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February 28, 2025
CFPB Drops TransUnion Suit In Enforcement Retreat
The Consumer Financial Protection Bureau on Friday voluntarily dismissed, with prejudice, a lawsuit against TransUnion alleging deceptive marketing practices, and another suit against 1st Alliance Lending LLC alleging deceptive mortgage lending practices, the latest in a string of enforcement actions the Trump administration has dropped without explanation.
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February 28, 2025
Ex-White House Cyber Pro Joins Sidley As DC Privacy Partner
The former chief of staff at the White House Office of the National Cyber Director has returned to the private sector as a Sidley Austin LLP privacy and cybersecurity practice partner in Washington, the firm said Thursday.
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February 27, 2025
Unions Can Depose DOGE In Agency Access Suit, Judge Says
The Department of Government Efficiency must tell a group of unions whom it's sent into the Department of Labor, the Department of Health & Human Services and the Consumer Financial Protection Bureau and what computer systems they've accessed, a D.C. federal judge ruled Thursday.
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February 27, 2025
US Vision Beats Suit Over 2021 Ransomware Attack
A New Jersey federal judge has tossed a proposed class action alleging U.S. Vision failed to protect the personal information of more than 710,000 patients following a ransomware attack of its network servers in 2021.
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February 27, 2025
Alsup Halts 'Illegal' Firings Of Probationary Federal Workers
U.S. District Judge William Alsup on Thursday temporarily blocked the mass firings of probationary federal employees ordered by President Donald Trump's administration, determining that the Office of Personnel Management illegally directed government agencies to terminate the probationary employees without authority to do so from Congress.
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February 27, 2025
DOJ Tells DC Circ. To Keep Apple Out Of Google Case
The U.S. Department of Justice is urging the D.C. Circuit to keep Apple out of its remedies case against Google, arguing that Apple "sat on its hands" for years despite knowing from the outset of the litigation that its default search agreement with Google was at stake.
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February 27, 2025
Convicted COVID Aid Fraudster Gets 11 Years For $7.6M Plot
A man convicted of conspiring to bilk about $7.6 million from the U.S. Small Business Administration through COVID-19 relief applications submitted in other people's names has been sentenced to 11 years in prison, New York federal prosecutors said Thursday.
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February 27, 2025
Calif. Data Broker Gets 3-Year Ban For Not Registering
The California Privacy Protection Agency has notched another settlement in its investigative enforcement of data broker registration compliance, announcing Thursday it had secured a deal that requires a company touting its ability to unearth "scary" amounts of consumer information to cease operations for the next three years.
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February 27, 2025
Insurer's Bid To Dodge $1.4M Bank Scam Suit Premature
An insurer cannot yet escape an attorney's demand for coverage in an alleged scheme to steal $1.4 million from a New Jersey development company, a Connecticut federal judge ruled, saying the carrier didn't follow court procedures before it moved to end the case.
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February 27, 2025
Carolinas Law Firm Hit With Suit Over 2024 Data Breach
Riley Pope & Laney LLC, a law firm with offices in North and South Carolina, was hit with a proposed class action in South Carolina federal court alleging that consumers' personally identifiable information was exposed in a 2024 data breach.
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February 27, 2025
Harvard Pilgrim To Pay $16M To Settle Data Breach Claims
Healthcare company Harvard Pilgrim and its parent company Point32Health Inc. have agreed to pay $16 million to settle a class action over a 2023 data breach that affected nearly 3 million individuals and providers, according to a filing late Wednesday.
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February 26, 2025
Snap Investors End Derivative Suit Over Apple Privacy Change
Executives and directors of Snapchat parent company Snap Inc. have escaped a consolidated shareholder derivative suit alleging the social media company failed to warn investors about the impact that certain iPhone privacy changes would have on its advertising revenue, with a judge signing off on a voluntary dismissal order.
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February 26, 2025
Arkansas Hits GM With Suit Over 'Deceptive' Driver Data Sales
Arkansas' attorney general has become the latest to take aim at General Motors Co. over its data privacy practices, filing a lawsuit in state court Wednesday accusing the automaker of padding its profits by deceptively collecting and selling drivers' private data, which purchasers would then resell to insurance companies.
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February 26, 2025
Pornhub Data Privacy Suit Will Go To Arbitration
A group of foreign companies that allegedly operate the website Pornhub have won their bid to send a proposed data privacy class action into arbitration, after a California federal judge ruled that an arbitrator must decide whether the companies waived their right to arbitration.
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February 26, 2025
Capital One Can't Delete Suit Over 'Refer A Friend' Texts
Capital One cannot slip a lawsuit accusing it of violating a state ban on unsolicited texts with advertisements by encouraging customers to send "refer a friend" messages, with a Washington federal judge telling the company its consent notice was not good enough.
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February 26, 2025
Web Liability Fix Faces 'Persuasive' Test, FCC Expert Says
It won't be easy for the Federal Communications Commission to weaken tech platforms' liability shield as some Republicans want to do, but the commission could still make changes that courts find "persuasive," a former FCC lawyer now leading a pro-business group said on a blog Tuesday.
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February 26, 2025
Police Supply Store, Others Ask 5th Circ. To Keep CTA Paused
A Texas police supply store joined with Mississippi libertarians and several other parties asking the Fifth Circuit to keep the Corporate Transparency Act on hold, saying ending the stoppage of that law could force 32 million business entities to file beneficial ownership reports.
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February 26, 2025
Google Photos Service Illegally Scans Facial Data, Suit Says
Google has been sued in Illinois state court by two residents who claim their privacy was violated through Google Photos' collection and retention of face templates, created to compare the similarity of faces in photos for the purposes of grouping them.
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February 26, 2025
Banks' Fight Over CFPB Open Banking Rule Put On Pause
A Kentucky federal judge agreed Tuesday to pause a banking industry challenge to the Consumer Financial Protection Bureau's open banking rule, giving the agency's new leadership time to review what it wants to do with the Biden-era measure.
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February 25, 2025
Retailer Pushes To Ax 2,400 Web Tracking Arbitration Claims
Children's clothing retailer Janie & Jack LLC is attempting to stave off more than 2,400 arbitration claims filed by individuals over the company's allegedly unlawful website tracking practices, telling a California federal court that the website visitors are "weaponizing" an arbitration agreement that doesn't even apply to them.
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February 25, 2025
DC Judge Blocks Trump's Federal Funding Freeze
A D.C. federal judge on Tuesday issued a preliminary injunction blocking the Trump administration from implementing a federal spending freeze while a group of nonprofits challenge the freeze, calling the measure "ill-conceived from the beginning."
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February 25, 2025
Calif. AG Agrees To Strike Part Of Landmark Social Media Law
California Attorney General Rob Bonta has agreed to abandon a key part of the Golden State's groundbreaking law requiring social media companies to disclose their content moderation policies as part of a settlement with X Corp., according to a stipulation filed in federal court.
Expert Analysis
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Lessons For Municipalities Facing Cyberattacks
With municipal IT teams facing the daunting task of keeping agencies operational while safeguarding sensitive government data, including residents' and employees' personally identifiable information, there are steps a municipality can take to guard against a major cyberattack, say attorneys at Pillsbury.
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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Planning For Cyber Incident Reporting Requirements In Sports
Attorneys at Wiley discuss the proposed rules under the Cybersecurity Incident Reporting for Critical Infrastructure Act that would impose extensive reporting requirements on professional and collegiate athletic organizations, universities and sports venues, including defining a covered entity and analyzing the types of events that would trigger reporting.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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6 Tips For Cos. Facing Service Provider Cyber Incidents
When a third-party service provider experiences a cybersecurity incident, businesses may wonder if their information is compromised and if their systems are safe, but there are certain steps that can help businesses prepare for and respond to targeted attacks on vendors, say attorneys at Troutman Pepper.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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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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Series
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.