Cybersecurity & Privacy

  • June 28, 2024

    EU Wraps Antitrust Probe Of Microsoft's OpenAI Stake

    The European antitrust authorities have ended their probe into tech giant Microsoft's control of authority in artificial intelligence-powered chatbot ChatGPT's owner OpenAI, but are switching the angle of the investigation in the partnership that could lead to a formal competition probe.

  • June 28, 2024

    High Court Enters July With 3 Rulings To Go

    In a rare move, the U.S. Supreme Court will issue opinions into the beginning of July as the court tries to clear its merits docket of three remaining cases dealing with presidential immunity, whether governments can control social media platforms' content moderation policies and the appropriate deadline to challenge agency action. 

  • June 28, 2024

    Supreme Court Strikes Down Chevron Deference

    The U.S. Supreme Court on Friday overturned a decades-old precedent that instructed judges about when they could defer to federal agencies' interpretations of law in rulemaking, depriving courts of a commonly used analytic tool and leaving lots of questions about what comes next.

  • June 27, 2024

    Telecom Co. Says It Isn't Liable For Biden AI 'Deepfake'

    Telecommunications company Lingo is asking a New Hampshire federal judge to release it from the League of Women Voters' suit over voter suppression calls that used a deepfake of President Joe Biden's voice, saying this week that it was a victim of the scheme, not a participant.

  • June 27, 2024

    Gov't Can Take Corrective Action 'At Any Time,' Fed. Circ. Told

    The federal government is urging the Federal Circuit to affirm a decision allowing a U.S. Department of Commerce corrective action on a $1.5 billion information technology deal during ongoing bid protests, saying government agencies can take such actions whenever they want.

  • June 27, 2024

    Roblox Likely To Face Trimmed Suit Over Gambling By Kids

    A California federal judge indicated Thursday that he'll allow proposed class claims alleging Roblox Corp. negligently fails to protect children from gambling through the platform, but said a re-alleged fraud claim he previously tossed is still "pretty weak."

  • June 27, 2024

    Colo. GOP Atty Sent Client's $375K To Hacker, Suit Says

    A Colorado attorney and conservative radio personality is facing breach of contract claims in state court after he allegedly wired a client's $375,000 divorce settlement to a purported investment account in Hong Kong despite what the plaintiff, a garden center worker making $14.77 per hour, called clear signs of fraud.

  • June 27, 2024

    House Panel Cans Vote On Data Privacy, Kids' Safety Bills

    The House Energy and Commerce Committee unexpectedly scrapped plans to discuss nearly a dozen bills Thursday morning, including a closely watched proposal to create a federal data privacy framework that has faced backlash from House leadership, consumer advocates and other stakeholders. 

  • June 27, 2024

    Free-Speech Orgs Tell DC Circ. TikTok Ban Is Prior Restraint

    A collection of free speech and press groups has urged the D.C. Circuit to strike down Congress' TikTok sale-or-ban law, calling the statute a "direct and serious threat" to First Amendment freedoms in an amicus brief.

  • June 27, 2024

    Fla. Gov. Vetoes Bill Giving Immunity On Data Breach Claims

    Florida Gov. Ron DeSantis on Wednesday vetoed a bill that would have provided immunity from data breach lawsuits for businesses that complied with certain cybersecurity standards, citing concerns that the legislation could result in Floridians' data being less secure.

  • June 26, 2024

    BofA COVID Benefit Card Suit Trimmed After Prior Order Axed

    A California federal judge has trimmed a suit brought against Bank of America NA by a proposed class of unemployment and disability benefits card recipients while also agreeing with them that a federal magistrate judge erred in holding that the bank's top brass lacked "uniquely relevant information" concerning discovery in the suit.

  • June 26, 2024

    Justices Leave Blurry Line In Place On Misinformation Fight

    The U.S. Supreme Court's decision Wednesday to reverse a Fifth Circuit order prohibiting the Biden administration from joining with social media platforms to fight misinformation leaves an important First Amendment question unanswered and left Missouri's attorney general promising a continuing fight against what he called a "censorship regime."

  • June 26, 2024

    FCC Urged To Prevent Abuse Through High-Tech Cars

    Privacy and abuse survivor advocates have outlined ways the Federal Communications Commission could safeguard connected car technology to mitigate domestic and sexual abuse, urging the agency to expand and adapt existing rules to limit abusers from using joint cellphone plans to stalk or harass people to apply to data in vehicles with advanced wireless connectivity.

  • June 26, 2024

    Justices Chide 5th Circ. In Biden Social Media Case

    The Fifth Circuit relied on "clearly erroneous" facts and an overgeneralized view of standing when it ordered the Biden administration to stop working with social media platforms to combat COVID-19 and election misinformation, the U.S. Supreme Court ruled Wednesday as it threw out a challenge to the government's actions.

  • June 26, 2024

    State Data Privacy Law Patchwork: Midyear Report

    States jumped on the consumer data privacy law bandwagon at a brisk clip in the first half of 2024, although it remains unclear if this push will be enough to encourage Congress to finally enact a nationwide framework this year. 

  • June 26, 2024

    New Hampshire Claims TikTok Exploits Kids For Profit

    Social media titan TikTok is exploiting children by intentionally designing its platform to be addictive, so children will keep scrolling on the app for as long as possible, the state of New Hampshire argues in a heavily redacted lawsuit in state court.

  • June 26, 2024

    Julian Assange Freed After Judge Accepts US Plea Deal

    Julian Assange returned to his native Australia on Wednesday hours after a federal judge in the Northern Mariana Islands accepted his plea deal with the U.S. Department of Justice and sentenced him to time served for conspiring to disclose national security information.

  • June 26, 2024

    Ex-Ticketmaster Exec Pleads Guilty In Hacking Case

    A former director of client relations at Ticketmaster pled guilty Wednesday to taking part in a scheme to hack into a rival company's computer system in an attempt to gain a competitive advantage.

  • June 26, 2024

    Russian Charged With Ukrainian Cyberattack Before Invasion

    A Russian citizen was charged Wednesday in Maryland federal court with conducting cyberattacks against computer systems used by the government of Ukraine just before the nation was invaded by Russia's military, then targeting Ukrainian allies such as the United States.

  • June 26, 2024

    House GOP Gears Up For The End Of Chevron Deference

    A new memo outlines how House Republicans are gearing up for the U.S. Supreme Court to potentially overturn the decades-old precedent that courts defer to agencies' interpretations of ambiguous statutes, as an opportunity to roll back the Biden administration's policies and reclaim Congress' power.

  • June 26, 2024

    CSAA Seeks Exit From Conn. Atty's $1.4M Transfer Scam Case

    The insurance company covering a Connecticut attorney accused of helping steal $1.4 million from a development company via a fraudulent bank transfer is seeking to drop its coverage on the grounds that the attorney's alleged actions were intentional and criminal, and therefore not insured.

  • June 26, 2024

    Macy's Email Demand Violates Privacy Law, Shopper Says

    A requirement that Massachusetts consumers making online purchases from Macy's provide an email address to complete a transaction violates the state's consumer privacy law, a proposed class action filed Tuesday alleges.

  • June 26, 2024

    High Court Axes Challenge To Biden Admin's Social Media Work

    The U.S. Supreme Court wiped out a Fifth Circuit order prohibiting the Biden administration and several federal agencies from working with social media platforms to combat the spread of misinformation Wednesday, finding the states and individuals challenging the collaboration don't have standing to sue.

  • June 25, 2024

    Bank Groups Rip CFPB Stance On Wire Rules In NY's Citi Suit

    Banking trade groups have slammed the Consumer Financial Protection Bureau for backing the New York attorney general's office in a lawsuit over Citibank's handling of online wire fraud claims, arguing the agency's support for a key legal position in the case marks a "complete reversal" from its past views.

  • June 25, 2024

    Google Says Epic's Play Store Changes Could Cost $137M

    Google urged a California federal judge Monday to reject Epic Games' proposed Play Store remedies following Epic Games' antitrust jury trial win, arguing that the changes could cost up to $137 million plus ongoing maintenance costs and create new security risks while potentially harming Google's reputation.

Expert Analysis

  • Fintech Compliance Amid Regulatory Focus On Sensitive Data

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    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.

  • Series

    Playing Music Makes Me A Better Lawyer

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    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.

  • How AI Cos. Can Cope With Shifting Copyright Landscape

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    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.

  • How Attys Can Avoid Pitfalls When Withdrawing From A Case

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    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.

  • The Effects Of New 10-Year Limitation On Key Sanctions Laws

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    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.

  • Supply Chain Considerations For Companies Deploying AI

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    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.

  • Opinion

    DOJ Messaging App Warnings Undermine Trust In Counsel

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    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.

  • Using A Children's Book Approach In Firm Marketing Content

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    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.

  • Compliance Considerations For New Data Protection Law

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    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.

  • What The FTC Report On AG Collabs Means For Cos.

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    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.

  • Crypto Mixer Laundering Case Provides Evidentiary Road Map

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    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.

  • Series

    Being An EMT Makes Me A Better Lawyer

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    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.

  • The Opportunities, Risks And Rewards Of AI Acquisitions

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    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.

  • Legal Issues To Watch As Deepfake Voices Proliferate

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    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.

  • AI And Trade Controls: A Guide To Expanding Restrictions

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    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.

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