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Cybersecurity & Privacy
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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December 06, 2024
SAG-AFTRA Plan Left Data Exposed To Breach, Members Say
The SAG-AFTRA Health Plan lacked adequate security to keep personal information safe from a September data breach, two members alleged in California federal court, saying a proposed class is at risk for a "full gamut of cyber-crimes," including identity theft and phishing scams.
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December 06, 2024
2 Accused Of Using Paper As Crime Front Get 2025 Trial Date
A Manhattan federal judge set a 2025 date Friday for former Epoch Times executive Weidong Guan to stand trial for allegedly using the newspaper as a front to launder $67 million of crime proceeds, following the extradition of a second defendant.
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December 06, 2024
NC Hospital Gets Initial OK For $1.1M Data Breach Deal
A North Carolina Business Court judge has given his initial seal of approval to a $1.1 million settlement agreement in a data breach class action against Columbus Regional Healthcare System.
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December 06, 2024
Colo. Children's Hospital Fined $548K For Phishing Attacks
Children's Hospital Colorado was hit with a more than $548,000 fine over phishing and cyberattacks that violated patient privacy rules, according to the U.S. Department of Health and Human Services.
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December 06, 2024
NC Lt. Gov. Fights Porn Store Clerk's Exit From Defamation Suit
North Carolina Lt. Gov. Mark Robinson has hit back at a former porn store clerk's dismissal bid in his defamation suit that includes CNN, saying the motion is based on a bogus pleading violation under state court procedures even though the suit is now before a federal judge.
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December 06, 2024
AI Hype Won't Wash With Canadian Securities Regulators
The Canadian Securities Administration is warning market participants against hyping ties to artificial intelligence in order to drum up interest for investments — a practice called "AI washing" — as the agency invites public comment before crafting AI-focused regulations.
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December 06, 2024
Gov't Appeals Texas Judge's Block On Anti-Laundering Law
The U.S. government has appealed a Texas federal judge's order that halted the rollout of new reporting requirements aimed at unmasking anonymous shell companies, setting the stage for the Fifth Circuit to weigh in on the nationwide preliminary injunction.
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December 06, 2024
Conn. Panel Pares $150M From $1.44B Alex Jones Verdict
The Connecticut Appellate Court on Friday sliced $150 million from a $1.44 billion trial court judgment against Infowars host Alex Jones over his claims that the Sandy Hook shooting was a hoax, holding the state's consumer protection laws did not allow the massacre's survivors to recover for alleged harms connected to Jones' ancillary product sales.
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December 06, 2024
DC Circ. Upholds TikTok Sale-Or-Ban Law
A D.C. Circuit panel on Friday upheld a federal law giving TikTok until January to cut ties with its Chinese parent company or face a ban in the U.S., ruling that the statute survives constitutional scrutiny.
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December 05, 2024
9th Circ. Open To Reviving Snap Stock Suit Over Privacy Tools
A Ninth Circuit panel appeared open Thursday to reviving a proposed securities class action alleging Snap downplayed the impact Apple's privacy changes would have on ad revenues, causing the stock to eventually plunge, with two judges noting they must infer the allegations in the investors' favor at the pleading stage.
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December 05, 2024
Trump Taps Musk Ally David Sacks As 'AI & Crypto Czar'
President-elect Donald Trump announced Thursday that he has selected David O. Sacks, a tech investor who worked alongside Elon Musk and entrepreneur Peter Thiel in the early days of PayPal, to be the newly created "White House AI & Crypto Czar."
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December 05, 2024
Netflix Can't Get Midtrial Win In 'Our Father' Case
An Indiana federal judge on Thursday rejected Netflix's midtrial bid to escape a suit accusing it of negligently revealing the identities of the biological children of a rogue fertility doctor in the "Our Father" documentary, saying there was sufficient evidence for the jury to consider.
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December 05, 2024
Man Cops To $3.5M 'Cryptojacking' Scam Against Cloud Cos.
A Nebraska man admitted on Thursday to running a so-called "cryptojacking" scheme to defraud two cloud computing services out of $3.5 million of resources that were used to mine $1 million in cryptocurrency, according to the U.S. Department of Justice.
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December 05, 2024
Investors Sue Pegasystems In Corporate Espionage Case
Business software developer Pegasystems Inc. has been hit with allegations that it misled an asset management firm by concealing its use of illegal and unethical tactics to misappropriate competitor Appian Corp.'s trade secrets, which led to a since-overturned $2 billion Virginia state court judgment for unjust enrichment.
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December 05, 2024
Gov't Efficiency Push Is A 'New Day,' House Speaker Says
House Speaker Mike Johnson, R-La., spoke excitedly Thursday about the new government efficiency operation helmed by billionaire Elon Musk and former presidential candidate Vivek Ramaswamy and touted the budding bipartisan lineup of a congressional caucus that will work with it.
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December 05, 2024
Face-Swapping App Can't Ax Reality TV Star's Suit At 9th Circ.
The Ninth Circuit on Thursday refused to toss a reality TV star's proposed class action accusing a face-swapping app of misusing his likeness, finding his statutory right-of-publicity claim isn't preempted by the federal Copyright Act since the claim involves his likeness and "not a work of authorship."
Expert Analysis
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UCC Article 12 Offers Banks A Chance To Dive Into 'DePINs'
The 2022 update to Article 12 of the Uniform Commercial Code, which provides a legal framework for decentralized physical infrastructure networks, could offer trade and commodity finance banks attractive opportunities, like the energy-related DePIN projects that have recently made headlines, says Chris McDermott at Cadwalader.
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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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.