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Cybersecurity & Privacy
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August 01, 2024
MultiPlan, Insurance Cos. Must Face Collusion MDL In Illinois
The Judicial Panel on Multidistrict Litigation on Thursday centralized in Chicago six class actions challenging the MultiPlan pricing tools that healthcare providers allege are used by UnitedHealth, Aetna, Cigna and other major insurers to systematically underpay out-of-network providers, with more than a dozen similar lawsuits potentially tagging along.
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August 01, 2024
Google Beats RNC's Claims It Censored Fundraising Emails
A California federal judge on Wednesday tossed the Republican National Committee's lawsuit accusing Google of being politically motivated and violating the state's Unfair Competition Law by sending RNC fundraising emails to Gmail users' spam folders, finding the conduct may be unfair in a "colloquial" sense, but is not illegal.
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August 01, 2024
Apple Says DOJ Is Looking For 'Judicial Redesign' Of IPhone
Apple Inc. urged a New Jersey federal judge Thursday to throw out the U.S. Department of Justice's antitrust lawsuit, calling claims of restricted app access meant to lock users into the iPhone as a government effort to control protocols the company contends are needed to ensure security and reliability.
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August 01, 2024
Journalist Don Lemon Hits X, Musk Over Axed Talk Show Deal
Elon Musk and his social media platform X unlawfully plied former CNN anchor Don Lemon with "false promises and representations" to reel him into a partnership to produce a talk show and other exclusive content, then proceeded to unceremoniously cancel the deal before it could get off the ground, the journalist alleged in a lawsuit filed Thursday.
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August 01, 2024
6th Circ. Puts Net Neutrality Rule On Ice During Appeals
The Sixth Circuit on Thursday granted industry groups' bid to put a hold on the Federal Communications Commission's net neutrality rules while appellate court challenges play out, saying there is a strong chance that internet service providers will eventually prevail.
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August 01, 2024
Former Stimlabs Exec Doesn't Have To Hand Over Devices
A Georgia federal judge on Thursday blocked a biomedical technology company's bid to seize the digital devices of a former executive accused of downloading thousands of internal files containing sensitive product information in the days and weeks leading up to her ouster from the company this year.
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August 01, 2024
Prisoner Swap Includes Russian Convicted Of Insider Trading
A Kremlin-linked Russian national serving nine years for the largest insider trading case ever prosecuted in the U.S. was among the 24 people freed Thursday in an elaborate prisoner swap that included American journalist Evan Gershkovich and former Marine Paul Whelan.
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August 01, 2024
Manhattan DA Charges Crypto Recovery Biz Owner With Fraud
Manhattan prosecutors announced fraud and larceny charges on Thursday against the New York owner of a purported asset recovery business that allegedly charged customers fees while making false promises to recover cryptocurrencies.
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August 01, 2024
Locke Lord Adds Insurance, Privacy Partners In Chicago
Locke Lord LLP announced on Wednesday that two partners formerly of Sidley Austin LLP and Thompson Coburn LLP have joined the firm's insurance and cybersecurity practices out of Chicago.
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August 01, 2024
Greenberg Traurig Hires Data Protection Partner From MoFo
Greenberg Traurig Germany LLP has expanded its data protection practice with a former senior associate from Morrison Foerster LLP who helped shape ground-breaking projects and proceedings in Berlin and New York over the past eight years, the firm said Thursday.
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August 01, 2024
Hotel Giant Escapes Franchisee Suit Over Cyberattack
A Georgia federal judge dismissed a proposed class action lodged by InterContinental Hotels Group franchisees who aimed to hold it liable for losses after a 2022 cyberattack that knocked a centralized room-booking platform offline for several weeks.
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August 01, 2024
Bipartisan Senator Team Reintroduces Anti-Deepfake Bill
Four senators introduced an updated version of the Nurture Originals, Foster Art, and Keep Entertainment Safe Act of 2024, or the NO FAKES Act, to combat the creation and distribution of fake replicas of people without their consent, drawing major industry support and some backlash.
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August 01, 2024
$9M White Castle Fingerprint BIPA Deal Clears Final Approval
An Illinois federal judge gave his final sign-off Thursday to a $9.39 million settlement between White Castle and a group of employees who claimed the fast-food chain violated their biometric privacy, ending a case that resulted in the state supreme court's landmark ruling on privacy claims.
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July 31, 2024
AT&T Faces New Data Breach Class Action By Non-Customers
AT&T, already facing litigation over a data breach it admitted to in mid-July, was hit Tuesday with another putative class action in Texas federal court, this time by two individuals who alleged the telecom giant disregarded the breach's impact on customers of other companies using AT&T's network.
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July 31, 2024
Report Finds Uptick In AI-Related Shareholder Suits
Class action lawsuits accusing companies of deceiving investors about their artificial intelligence capabilities are on the rise this year while the previously trendy areas of shareholder litigation against cryptocurrency companies and special purpose acquisition companies have fallen significantly, according to a Wednesday report from Cornerstone Research.
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July 31, 2024
CrowdStrike Investors Sue Over Stock Drop After Outage
A group of CrowdStrike investors sued the cybersecurity company Tuesday in Texas federal court, alleging that it misrepresented the measures it was taking to prevent a system crash, which caused its stock price to plummet after the platform experienced a massive outage earlier this month.
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July 31, 2024
Pop-Up Malware Scammer Gets 7 Years For Duping Elderly
A Manhattan federal judge hit an Indian national with a seven-year prison sentence Wednesday after he admitted operating a malware call center that targeted over 6,000 victims with deceptive pop-up warnings and generated more than $6 million in criminal proceeds.
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July 31, 2024
Pa. Court Says Mail-In Ballot Images Are Public Records
Scanned copies of Pennsylvanians' absentee and mail-in ballots are public records subject to the state's Right-to-Know Law, even though copies of votes cast in person are not, a state appellate court ruled Wednesday.
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July 31, 2024
Copyright Office Warns Of 'Urgent Need' For Deepfakes Law
The U.S. Copyright Office said Wednesday that "there is an urgent need" for new federal legislation to tackle the proliferation of deepfakes created through artificial intelligence, saying in a long-awaited report with recommendations to Congress that "an era of sophisticated digital replicas has arrived."
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July 31, 2024
Chicago Area's Brookfield Zoo Sued Over Data Breach
The popular Brookfield Zoo has been hit with a putative class action alleging inadequate cybersecurity measures failed to protect against a January data breach the zoo waited six months to make public, putting employees at risk of identity theft without proper notice.
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July 31, 2024
TaxAct Customers' Attys Want $5.8M Fee For $23M Deal
The attorneys for TaxAct Inc. customers who secured a $23 million deal to resolve claims that the company was secretly sharing confidential taxpayer information with Meta and Google asked a federal judge to award them more than $5.8 million in fees for their work.
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July 31, 2024
Ameriprise Chief Privacy Officer Joins Fisher Phillips
A chief privacy officer at Ameriprise Financial Services LLC has joined Fisher Phillips in Detroit as a data privacy and cybersecurity of counsel, the firm has announced.
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July 31, 2024
Cadwalader Can't Cloak Cyberattack Coverage Suit, Court Told
A Lloyd's of London syndicate wants to unseal a complaint by Cadwalader Wickersham & Taft LLP seeking coverage for a November 2022 data breach, saying it was never given a chance to oppose, and the firm otherwise failed to show why the suit should stay under wraps.
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July 30, 2024
11th Circ. Upholds Geofence Warrant In Carjacking Case
The Eleventh Circuit on Tuesday rejected a convicted carjacker's attempt to quash a geofence warrant that allowed law enforcement to obtain information from cellphones within a certain geographic area, finding that the man lacked standing to challenge a search that revealed no information from his own electronic device.
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July 30, 2024
Delta Hires Boies Schiller To Recoup Outage-Related Damages
Delta Air Lines has retained Boies Schiller Flexner LLP to help it pursue potential damages from cybersecurity firm CrowdStrike and Microsoft in the wake of the mid-July global tech outage that left passengers stranded, a person familiar with the matter confirmed to Law360 on Tuesday.
Expert Analysis
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Fintech Compliance Amid Regulatory Focus On Sensitive Data
The Consumer Financial Protection Bureau's recent, expansive pursuit of financial services companies using sensitive personal information signals a move into the Federal Trade Commission's territory, and the path forward for fintech and financial service providers involves a balance between innovation and compliance, say attorneys at Wilson Sonsini.
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Series
Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.
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How AI Cos. Can Cope With Shifting Copyright Landscape
In the evolving landscape of artificial intelligence, recent legal disputes have focused on the utilization of copyrighted material to train algorithms, meaning companies should be aware of fair use implications and possible licensing solutions for AI users, say Michael Hobbs and Justin Tilghman at Troutman Pepper.
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How Attys Can Avoid Pitfalls When Withdrawing From A Case
The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.
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The Effects Of New 10-Year Limitation On Key Sanctions Laws
Recently enacted emergency appropriations legislation, doubling the statute of limitations for civil and criminal economic sanctions violations, has significant implications for internal records retention, corporate transaction due diligence and government investigations, say attorneys at Greenberg Traurig.
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Supply Chain Considerations For Companies Deploying AI
Many businesses will risk failure by embracing artificial intelligence without fully understanding the risks, and the value of a five-step AI supply chain analysis cannot be overstated, say Brooke Berg and Nathan Staffel at Nardello & Co.
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Opinion
DOJ Messaging App Warnings Undermine Trust In Counsel
The U.S. Department of Justice Antitrust Division's increasingly ominous warnings to defense and in-house counsel about the consequences of not preserving ephemeral messaging and messages sent using collaboration tools could erode confidence and cooperation, says Mark Rosman at Proskauer.
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Using A Children's Book Approach In Firm Marketing Content
From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.
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Compliance Considerations For New Data Protection Law
Sam Castic at Hintze Law discusses how to determine if your organization is covered by the newly enacted Protecting Americans' Data from Foreign Adversaries Act, the scope of the law's restrictions, and how to go about compliance as its June 23 effective date approaches.
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What The FTC Report On AG Collabs Means For Cos.
The Federal Trade Commission's April report on working with state attorneys general shows collaboration can increase efficiency and consistency in how statutes are interpreted and enforced, which can minimize the likelihood of requests for inconsistent injunctive relief that can create operational problems for businesses, say attorneys at Kelley Drye.
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Crypto Mixer Laundering Case Provides Evidentiary Road Map
A Washington, D.C., federal court’s recent decision to allow expert testimony on blockchain analysis software in a bitcoin mixer money laundering case — which ultimately ended in conviction — establishes a precedent for the admissibility of similar software-derived evidence, say Peter Hardy and Kelly Lenahan-Pfahlert at Ballard Spahr.
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Series
Being An EMT Makes Me A Better Lawyer
While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.
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The Opportunities, Risks And Rewards Of AI Acquisitions
As artificial intelligence acquisitions become an increasing area of focus for investors and technology buyers, entities should pay special attention to target identification, due diligence and more when structuring and executing a transaction with a company that has an AI-centric business model, say attorneys at Foley & Lardner.
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Legal Issues To Watch As Deepfake Voices Proliferate
With increasingly sophisticated and accessible voice-cloning technology raising social, ethical and legal questions, particularly in the entertainment industry and politics, further legislative intervention and court proceedings seem very likely, say Shruti Chopra and Paul Joseph at Linklaters.
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AI And Trade Controls: A Guide To Expanding Restrictions
With restrictions on trade related to commodities, software and technology integral to high-performing artificial intelligence capabilities expected to expand — particularly between the U.S. and China — companies must carefully consider the export classification of the items they design, produce or procure, say attorneys at Hogan Lovells.