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Cybersecurity & Privacy
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December 03, 2024
FTC Secures Location Data Sale Bans In Pair Of New Actions
The Federal Trade Commission on Tuesday doubled down on its efforts to safeguard consumers' sensitive location information, announcing a pair of settlements against a data broker and an analytics provider that the commission claims unlawfully collected and sold data that could track individuals to health clinics and other sensitive places.
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December 03, 2024
Texas Judge Blocks 'Quasi-Orwellian' Anti-Laundering Law
A Texas federal judge on Tuesday halted the Biden administration's roll-out of new reporting requirements aimed at unmasking anonymous shell companies, granting a nationwide preliminary injunction sought by business interests challenging their constitutionality.
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December 03, 2024
Mich. AG Deal, NIH 4th Circ. Win And X Corp Bid In HIPAA Row
Michigan's attorney general has agreed not to hold a Christian healthcare provider accountable to certain antidiscrimination protections related to gender and sexuality while the provider challenges them in court. Meanwhile, a New York federal judge decided to keep the largest anesthesiology provider in the U.S. on the hook for antitrust claims over its noncompete agreements with clinicians.
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December 03, 2024
Calif. Unveils Reproductive Rights Bills To Prep For Trump
California lawmakers plan to introduce a pair of bills aimed at protecting access to abortion in the Golden State as Donald Trump returns to office, according to an announcement made Monday, the first day of a special legislative session called by Gov. Gavin Newsom.
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December 03, 2024
Unit Of World's Largest Bank Avoids SEC Penalty In Cyber Case
A broker-dealer subsidiary of the Industrial and Commercial Bank of China will escape civil penalties in a settlement with the U.S. Securities and Exchange Commission over its books and records because of the firm's remediation and cooperation, the agency says.
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December 03, 2024
Former Officials Target DOJ, FTC Position In Epic V. Google
The U.S. Department of Justice and Federal Trade Commission drew criticism Tuesday from former officials who targeted the agencies' stance on Google's Ninth Circuit fight against the mandated opening of the Android Play Store, with the officials warning in an amicus brief against "compulsory sharing obligations."
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December 03, 2024
Chamber Backs T-Mobile, Sprint's Challenge To FCC Fine
The U.S. Chamber of Commerce told the D.C. Circuit that recent U.S. Supreme Court rulings make clear that the Federal Communications Commission overstepped its authority when it levied a combined $92 million in fines on T-Mobile and Sprint for selling users' location data.
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December 03, 2024
Fla. High Court Takes Up Ex-Marvel Exec's Hate Mail Dispute
The Florida Supreme Court agreed Tuesday to take up the question of whether former Marvel Entertainment chair Ike Perlmutter can request punitive damages in a case against his neighbor in a long-running defamation dispute over hate mail.
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December 03, 2024
Microsoft Asks FTC Watchdog To Look Into Leaked Probe
A Microsoft deputy general counsel on Tuesday asked the Federal Trade Commission's inspector general to look into whether commission management improperly told a news outlet that the FTC had opened a broad antitrust investigation of the tech giant.
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December 03, 2024
Google Wants Ad Tech Claims In Texas Heard By Judge, Not Jury
Google is pushing to have the Texas-led antitrust case targeting its digital ad technology tried to a judge instead of a jury, saying state enforcers are not entitled to have a jury decide whether the company violated the law or what penalties should be imposed if it did.
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December 03, 2024
Ill. Panel Relieves Liberty Mutual Units Of BIPA Coverage
An Illinois state appeals court held that two Liberty Mutual units didn't owe coverage to a policyholder for an underlying class action alleging violations of the state's Biometric Information Privacy Act, reversing a lower court's decision surrounding the interpretation of a recording and distribution exclusion.
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December 03, 2024
Alex Jones Atty Seeks Leniency Over Sandy Hook 'Mistake'
The lead attorney in Infowars host Alex Jones' $1.44 billion Connecticut defamation trial admits he "made a mistake" when he approved sending several Sandy Hook Elementary School victims' confidential records to other Jones attorneys, saying Tuesday he should receive either no discipline or a reprimand in a pared-down case.
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December 03, 2024
Data Brokers Get OK For Appeal Of NJ Privacy Law
A federal judge signed off Monday on data brokers' request to be allowed to appeal his ruling that New Jersey's judicial privacy and security measure known as Daniel's Law is constitutional.
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December 03, 2024
Ballard Spahr Adds Fox Rothschild's Antitrust Co-Lead In DC
Ballard Spahr LLP has hired the former co-chair of Fox Rothschild LLP's antitrust practice, who joined the firm in D.C. just two months after it hired a former practice co-lead from Carlton Fields.
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December 03, 2024
Severity Of Cyber Risk 'Widely Underestimated' In UK
Britain is facing a "widening gap" in its ability to fight cyberthreats and must improve its defenses to combat the increasing severity and scale of hostile threats, the head of the country's top cybersecurity agency said on Tuesday.
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December 03, 2024
CFPB Pitches Plan For Tighter Regulation Of Data Brokers
In a late push before the Biden administration's end, the Consumer Financial Protection Bureau moved Tuesday to clamp down on the so-called data broker industry with a new draft rule that pivots off existing credit reporting protections for consumers.
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December 02, 2024
Apple Accused Of Gagging Workers, Spying On Their IPhones
A manager at Apple claims the tech giant is stomping on employees' rights by forbidding discussion of coworkers' compensation and encouraging the use of personal iPhones at work so that it can snoop on workers, according to a lawsuit lodged Monday in California state court.
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December 02, 2024
Google Can't Yet Appeal Ruling Preserving Kids Tracking Suit
A California federal judge on Monday declined to let Google immediately appeal his earlier ruling leaving intact allegations the search giant surreptitiously tracks children's web activity, finding Google hasn't shown that the issues underlying that ruling warrant an appeal at this stage in the litigation.
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December 02, 2024
Bipartisan Bill Calls For AI Studies From Financial Regulators
Leaders of the U.S. House Financial Services Committee want to codify their commitment to regulating and cultivating the use of artificial intelligence in the financial services industry with legislation introduced Monday that directs financial and housing regulators to produce reports on the use of AI in their respective sectors.
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December 02, 2024
Biden's Pardon Is Another Blow To Special Counsel Probes
President Joe Biden's pardon of his son over the weekend marks the latest example of a special counsel investigation fizzling and raises doubts over the future use of such probes, which can drag on for years and cost taxpayers millions of dollars.
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December 02, 2024
Consulting Firm Says Insurer On Hook For $7.6M Deal
A consulting firm told an Illinois federal court that its insurer must reimburse it for a $7.6 million settlement with the U.S. Department of Justice relating to a lawsuit accusing the firm of allowing personal information to be compromised, maintaining that the litigation fell within its policy's scope.
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December 02, 2024
ByteDance Says Ex-Worker Can't Avoid Counterclaims
TikTok's parent company, ByteDance, says a former engineer shouldn't be able to dodge its counterclaims in a dispute stemming from his termination, arguing that just because he wants to drop his allegations doesn't mean those counterclaims are moot.
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December 02, 2024
GoodRx Inks $25M Deal With Users Over Alleged Data-Sharing
A proposed class alleging GoodRx breached privacy laws by sharing users' sensitive health data with advertisers asked a California federal judge Friday for preliminary approval of a proposed $25 million settlement with the company, saying it still leaves the potential for additional recoveries from co-defendants Meta Platforms, Google and Criteo Corp.
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December 02, 2024
X Escapes Former Twitter Security Head's Firing Suit
A New Jersey federal judge has sent a former Twitter security chief's suit claiming he was fired for protesting massive budget cuts to arbitration, ruling that the claims fail under the provisions of the company's arbitration agreement.
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December 02, 2024
Musk Asks Court To Halt OpenAI's Conversion To For-Profit
Elon Musk sought a preliminary injunction asking a California federal court to stop OpenAI from transitioning into a for-profit enterprise, arguing the plaintiffs and the public would be harmed whether as competitors, donors, investors, consumers, taxpayers, citizens or "simply as people" worried about AI rushing unsafe products into the marketplace.
Expert Analysis
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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.
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California's AI Safety Bill Veto: The Path Forward
California Gov. Gavin Newsom's veto of a bill that sought to impose stringent regulations on advanced artificial intelligence model development has sparked a renewed debate on how best to balance innovation with safety in the rapidly evolving AI landscape, say Bobby Malhotra and Carson Swope at Winston & Strawn.