Cybersecurity & Privacy

  • November 25, 2024

    Construction Co. Seeks Coverage For $1.9M Email Spoof

    A construction company told an Alaska federal court that a Travelers unit acted in bad faith by refusing to provide directors and officers coverage for an email spoofing scheme that caused the company to wire roughly $1.9 million of a partner construction company's funds to an "imposter."

  • November 25, 2024

    Spectrum, Rip And Replace Are Top FCC Priorities, Carr Says

    Congress needs to focus next year on restoring the Federal Communications Commission's authority to auction spectrum bands and figure out how to pay for adequate telecom cybersecurity, says Brendan Carr, the agency's upcoming Republican chair.

  • November 25, 2024

    Calif. Board Seeks Comment On AI Rules Amid Pushback

    The California Privacy Protection Agency on Friday opened the public comment period for its latest rulemaking package proposing expansive draft rules regulating technologies fueled by artificial intelligence — including in the employment, education, healthcare, consumer protection, banking and insurance contexts — which business groups have already criticized as being overly broad and burdensome.

  • November 25, 2024

    Medical Info. Co. Beats Junk Fax Suit Over Free E-Book Offer

    A medical information company has once again defeated a long-running Telephone Consumer Protection suit over unsolicited faxes it sent in 2013, with a West Virginia federal judge ruling the plaintiffs produced no evidence that the company got paid when recipients responded to their faxes.

  • November 25, 2024

    Texas Judge Tosses Remainder Of Border Phone Search Suit

    A federal judge in Texas has tossed a lawsuit from an attorney who claimed U.S. Customs and Border Patrol officers illegally seized and searched his cellphone at the border.

  • November 25, 2024

    Condo Boards Likely Safe From Corporate Transparency Law

    New corporate reporting requirements under an anti-money laundering law likely do not apply to condominium associations, a Massachusetts federal judge ruled.

  • November 25, 2024

    CNN Calls NC Lt. Gov.'s Defamation Suit 'Political Theater'

    The defamation suit against CNN brought by Mark Robinson, North Carolina's lieutenant governor and an unsuccessful gubernatorial candidate, must be thrown out for being simply "political theater," the news outlet said.

  • November 25, 2024

    Justices Turn Away Suit Over Data Extraction Award

    The U.S. Supreme Court declined on Monday to take up a petition asking it to resolve whether a court or an arbitrator should decide the preclusive effect of a prior judgment, in a case stemming from a soured data extraction services contract involving a mortgage industry data analytics firm.

  • November 22, 2024

    Ill. Judge Bucks Colleague In Limiting BIPA Change's Reach

    An Illinois federal judge held Friday that a legislative amendment limiting damages under the state's Biometric Information Privacy Act doesn't apply to lawsuits filed before the change took effect, refusing to side with a recent ruling from another judge in the same court that reached the opposite conclusion. 

  • November 22, 2024

    Target Can't Shake Shoppers' Biometric Privacy Suit

    An Illinois federal judge has refused to toss a putative class action accusing Target Corp. of deploying surveillance systems that unlawfully gathered shoppers' biometric data, finding that news reports and other sources cited by the plaintiffs were enough to create a "plausible inference" that the retailer engaged in the alleged conduct. 

  • November 22, 2024

    Insurer Says Property Co. On Hook For $250K Cyber Theft

    An insurer for a Washington condominium association told a federal court that a property management services company must reimburse the carrier for nearly $250,000 its insured lost after cybercriminals allegedly hacked into the management company's computer system and made payment requests from the condo association's bank account.

  • November 22, 2024

    FTC Can't Block Amazon's Misconduct Defense In Prime Suit

    The Federal Trade Commission can't bar some of Amazon's defenses in an enforcement suit alleging consumers were duped into signing up for Prime delivery service, a Washington federal judge has ruled, allowing the e-commerce giant to argue the regulatory agency engaged in misconduct related to the litigation.

  • November 22, 2024

    Social Media MDL Judge Threatens States With Contempt

    A California federal judge presiding over multidistrict litigation concerning social media platforms' allegedly addictive designs told counsel Friday that she's considering holding California and South Carolina state agencies in contempt for refusing to comply with discovery orders, telling counsel, "I can guarantee I will not let this stand."

  • November 22, 2024

    Bondi Vowed Trump Payback. Ex-Colleagues Aren't Worried.

    U.S. attorney general nominee Pam Bondi is an outspoken ally of President-elect Donald Trump and vowed during the campaign that his "prosecutors will be prosecuted," but people who've worked with her say she's well qualified to serve as the nation's top cop and downplayed concerns that she would politicize the U.S. Department of Justice.

  • November 22, 2024

    High Court Quietly Pulls Meta Case Without A Ruling

    The U.S. Supreme Court on Friday set aside a Meta Platforms Inc. case that sought to narrow the types of risk disclosures corporations need to make to investors, saying that the court shouldn't have taken up the case in the first place.

  • November 21, 2024

    Snap Moves To Toss New Mexico's Child 'Sextortion' Suit

    Snap Inc. has moved to toss New Mexico's lawsuit accusing it of enabling child sexual exploitation on its instant messaging app, Snapchat, telling a New Mexico state court that the state's attorney general lodged a "sensationalist" lawsuit rife with patently false allegations.

  • November 21, 2024

    Sports Site Gets Video Privacy Suit Moved To Arbitration

    A California federal judge has sent to arbitration a putative class action accusing a high school sports streaming service of unlawfully sharing users' video-viewing information with third parties such as Meta Platforms Inc., finding that the plaintiff had agreed to these terms when he first signed up for an account on the site. 

  • November 21, 2024

    Social Media MDL Judge Rips State Attys Defying Orders

    A California federal magistrate judge overseeing discovery in multidistrict litigation over social media platforms' allegedly addictive designs on Thursday ordered states to provide the names and state bar numbers of agency counsel who have refused to comply with discovery orders, threatening sanctions and asking, "What happened to the rule of law?"

  • November 21, 2024

    FCC To Hit Video Doorbell Maker For Skirting Security Rules

    The Federal Communications Commission wants to slap Chinese smart home device maker Eken with a more than $700,000 fine for breaking agency rules that require foreign companies to have an agent located in the U.S.

  • November 21, 2024

    Judge Suggests 1st Circ. Should Hear Lobster Tracking Case

    A federal judge in Maine on Thursday tossed a case by lobster fishermen suing to keep their fishing routes secret from state observation, but the judge encouraged the lobstermen to appeal the ruling so that a federal appeals court can wade into this "significant" Fourth Amendment dispute.

  • November 21, 2024

    FCC Targets Spoofing Scams With Third-Party Caller ID Regs

    In hopes of better combating spoofed robocalls, the Federal Communications Commission on Thursday required telecoms to meet certain legal obligations when hiring third parties to verify caller ID data using a widely accepted technical standard.

  • November 21, 2024

    FCC Aims To Better Protect Undersea Telecom Cables

    From shortening license terms to working with federal law enforcement to protect underwater telecom infrastructure, the Federal Communications Commission launched an effort to shield submarine cables from ever-increasing national security risks on Thursday.

  • November 21, 2024

    Trump Selects Ex-Fla. AG Pam Bondi As New AG Pick

    President-elect Donald Trump announced Thursday that he has selected Pam Bondi, a former attorney general of Florida, as his new pick for U.S. attorney general, just hours after former U.S. Rep. Matt Gaetz withdrew his name from consideration amid allegations of sexual misconduct and drug use.

  • November 21, 2024

    Ex-Yale Student Can Submit Acquittal Files To DHS, Judge Says

    A Connecticut federal judge on Thursday allowed an expelled Yale student to send his sexual assault accuser's name to immigration officials, approving the submission of a mostly unredacted state criminal trial transcript under a narrow exception to a magistrate judge's ban on naming the woman.

  • November 21, 2024

    Data Co. Gets Remand Of Suits Over Judicial Privacy

    A federal judge sent 39 lawsuits alleging violations of a New Jersey judicial privacy law back to state courts, finding the district lacks subject matter jurisdiction.

Expert Analysis

  • Licensing And Protections For Voice Actors In The Age Of AI

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    While two recently enacted California laws and other recent state and federal legislation largely focus on protecting actors and musicians from the unauthorized use of their digital likenesses by generative artificial intelligence systems, the lesser-known community of professional voice actors also stands to benefit, says attorney Scott Mortman.

  • 2 High Court Securities Cases Could Clarify Pleading Rules

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    In granting certiorari in a pair of securities fraud cases against Facebook and Nvidia, respectively, the U.S. Supreme Court has signaled its intention to align interpretations of the heightened pleading standard under the Private Securities Litigation Reform Act amid its uneven application among the circuit courts, say attorneys at V&E.

  • What 2 Key Rulings Mean For Solicitation Under TCPA

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    Two recent rulings from federal district courts in New York and California — each of which came to a different conclusion — bring to light courts' continued focus on and analysis of when an alleged communication constitutes a solicitation under the Telephone Consumer Protection Act, say Felix Shipkevich and Jessica Livingston at Shipkevich.

  • Series

    Collecting Art Makes Me A Better Lawyer

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    The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.

  • Navigating The Complexities Of Cyber Incident Reporting

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    When it comes to cybersecurity incident response plans, the uptick in the number and targets of legal and regulatory actions emphasizes the necessity for businesses to document the facts underlying the assumptions, complexities and obstacles of their decisions during the incident response, say attorneys at Troutman Pepper.

  • Managing Sanctions Defense Across Multiple Jurisdictions

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    Companies called before multiple regulators to account for the same conduct in this era of increased global sanctions and import-control enforcement should consider national differences in law and policy, and proactively coordinate their responses in certain key areas, say attorneys at Baker McKenzie.

  • Litigation Inspiration: Honoring Your Learned Profession

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    About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.

  • 4 Ways To Prepare For DOD Cyber Certification Rule

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    Given the U.S. Department of Justice's increased scrutiny of contractor compliance with cybersecurity requirements, it is critical that contractors take certain steps now in response to the U.S. Department of Defense's proposed Cybersecurity Maturity Model Certification implementation rule, say Townsend Bourne and Lillia Damalouji at Sheppard Mullin.

  • Opinion

    AI May Limit Key Learning Opportunities For Young Attorneys

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    The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.

  • Takeaways From Texas AG's Novel AI Health Settlement

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    The Texas attorney general's recent action against a health tech company marks another step in rapidly proliferating enforcement against artificial intelligence and privacy issues across multiple states, and highlights important risk mitigation considerations for health companies that implement AI systems, say attorneys at Troutman Pepper.

  • What To Know About Latest Calif. Auto-Renewal Law Update

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    While businesses have about nine months to prepare before the recently passed amendment to California's automatic renewal law takes effect, it’s not too early to begin working on compliance efforts, including sign-up flow reviews, record retention updates and marketing language revisions, say Gonzalo Mon and Beth Chun at Kelley Drye.

  • Class Actions At The Circuit Courts: September Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy identifies practice tips from four recent class certification rulings involving denial of Medicare reimbursements, automobile insurance disputes, veterans' rights and automobile defects.

  • How To Avoid Liability When Using Cookie Consent Managers

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    As companies attempt to comply with consumer protection laws by implementing cookie consent managers on their websites, they must be wary of separate legal risks that can stem from implementing or using these tools incorrectly, says Ian Cohen at LOKKER.

  • Series

    Round-Canopy Parachuting Makes Me A Better Lawyer

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    Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.

  • And Now A Word From The Panel: The MDL Map

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    An intriguing yet unpredictable facet of multidistrict litigation practice is venue selection for new MDL proceedings, and the Judicial Panel on Multidistrict Litigation considers many factors when it assigns an MDL venue, says Alan Rothman at Sidley Austin.

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