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Cybersecurity & Privacy
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July 16, 2024
FCC Says Call Routing Protocols Need Better Security
The Federal Communications Commission says it's stepping up its efforts to better secure the signaling protocols mobile telecom providers use to place and maintain calls, telling concerned lawmakers that carriers nationwide have implemented the commission's best practices for network security.
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July 16, 2024
Pet Store Chain Says AIG Unit Must Cover BIPA Claims
An AIG unit is misconstruing policy exclusions in refusing to defend Pet Supplies Plus in a class action alleging violations of Illinois' Biometric Information Privacy Act, the pet store chain told a Michigan federal judge.
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July 16, 2024
Rising Star: Gibson Dunn's Cassandra Gaedt-Sheckter
Cassandra Gaedt-Sheckter of Gibson Dunn & Crutcher LLP served as lead counsel for DoorDash in settling allegations of California Consumer Privacy Act violations and also advises Workday on artificial intelligence programs, placing her among the cybersecurity and privacy law practitioners under age 40 honored by Law360 as Rising Stars.
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July 16, 2024
The 2024 Diversity Snapshot: What You Need To Know
Law firms' ongoing initiatives to address diversity challenges have driven another year of progress, with the representation of minority attorneys continuing to improve across the board, albeit at a slower pace than in previous years. Here's our data dive into minority representation at law firms in 2023.
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July 16, 2024
These Firms Have The Most Diverse Equity Partnerships
Law360’s law firm survey shows that firms' efforts to diversify their equity partner ranks are lagging. But some have embraced a broader talent pool at the equity partner level. Here are the ones that stood out.
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July 16, 2024
Gibson Dunn, Kirkland Steer $737M KBR-LinQuest Deal
Gibson Dunn is steering Houston-based defense and space contractor KBR on a new deal to buy LinQuest Corp., a provider of defense analytics to the U.S. government represented by Kirkland & Ellis, for $737 million, according to a statement from KBR on Tuesday.
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July 15, 2024
SEC Pans Database Privacy Challenge As Too Little, Too Late
The U.S. Securities and Exchange Commission is looking to rid itself of a proposed class action targeting a market surveillance tool known as the consolidated audit trail, telling a Texas federal judge that shutting down a critical market stability tool 12 years after its creation would harm the public without providing any benefit to suing investors.
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July 15, 2024
Cybersecurity Investor Sues For Docs On PE Merger Wipeout
California-based cybersecurity company Exabeam Inc. has been hit with a books and records request by a shareholder seeking to halt the company's private stock-for-stock merger with competitor LogRhythm, which is owned by private equity firm Thoma Bravo.
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July 15, 2024
Ex-NYC Homeless Services Fraud Investigator Admits ID Theft
A former fraud investigator for the New York City Department of Homeless Services pled guilty along with a co-defendant Monday to scheming to steal the personal information of homeless people and using it to fraudulently apply for unemployment benefits.
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July 15, 2024
Former Exec Slams Bowling Co.'s 'Elitist' $3.7M Atty Fee Bid
The owners of the AMF and Lucky Strike bowling chains are not entitled to more than $3 million in attorney fees after winning a lawsuit, the target of the suit told a Virginia federal court while characterizing the owners as "bullies."
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July 15, 2024
Catching Up With Delaware's Chancery Court
Chancery Court news was full of fees and settlements last week, with three multimillion-dollar deals getting a court OK, and a daylong discussion over a potentially multibillion-dollar fee award for attorneys who got Tesla CEO Elon Musk's astronomical pay package thrown out. The court also banged the gavel in cases involving e-payment venture SwervePay and managed care company Centene Corp., and heard arguments from software company SAP SE and biotech Renmatix Inc.
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July 15, 2024
Quinn Emanuel Barred From Repping X In Scraping Case
Quinn Emanuel Urquhart & Sullivan LLP can no longer represent social media giant X Corp. in the company's lawsuit against Bright Data Ltd., with a California federal judge finding the law firm violated its duty of loyalty to Bright Data after previously representing it in a "substantially related" case.
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July 15, 2024
Feds In EBay Stalking Case Seek Leniency For Sick Defendant
The final defendant in a criminal harassment and stalking campaign by eBay employees against two Massachusetts journalists over their coverage of the auction site should be spared from prison only because of his inoperable cancer diagnosis, federal prosecutors said.
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July 15, 2024
No Sanctions For Milberg In Visa, Mastercard MDL
A New York federal judge on Friday declined to order sanctions against Milberg Coleman Bryson Phillips Grossman LLC after the firm admitted to mistakenly registering fraudulent clients in long-running multidistrict litigation that accused Visa and Mastercard of charging improper merchant fees.
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July 15, 2024
Rising Star: BakerHostetler's Bonnie DelGobbo
BakerHostetler's Bonnie DelGobbo has quickly built a reputation in the data and video privacy world, crafting defense strategies for major corporate clients like Chick-fil-A and Landmark Theatres to fend off proposed class actions. It's earned her a spot among the cybersecurity and privacy practitioners under age 40 honored by Law360 as Rising Stars.
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July 15, 2024
Trump Classified Docs Case Canned Over Special Counsel Law
A Florida federal judge on Monday tossed the criminal case against former President Donald Trump over his allegedly illegal retention of classified documents at his Mar-a-Lago estate, ruling that the appointment of a special prosecutor for the case is unconstitutional.
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July 12, 2024
Rising Star: Milberg's Gary Klinger
Gary Klinger of Milberg Coleman Bryson Phillips Grossman PLLC has become a leading plaintiffs' attorney in class actions under Illinois' Biometric Information Privacy Act after securing a $68.5 million settlement against Meta, earning him a spot among the cybersecurity and privacy lawyers under age 40 honored by Law360 as Rising Stars.
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July 12, 2024
Law360 Names 2024's Top Attorneys Under 40
Law360 is pleased to announce the Rising Stars of 2024, our list of 158 attorneys under 40 whose legal accomplishments belie their age.
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July 12, 2024
Lenovo Dodges Deposition Bid In Texas Software Patent Fight
Lenovo has skirted a subpoena seeking witness testimony in a patent case involving two rival software companies and the computer giants HP and Dell, with a North Carolina federal judge finding that the request was "overbroad" and not well justified given that Lenovo isn't part of the suit.
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July 12, 2024
Delta Slams Flyers' Facebook Data Sharing Class Action
Delta Air Lines has asked a California federal judge to dump a proposed class action alleging it unlawfully shared customers' sensitive personal data with Meta's Facebook through online tracking tools embedded in its website, saying its contract of carriage clearly discloses its digital advertising practices.
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July 12, 2024
Judge Questions Zuckerberg's Bid To Dodge Liability In MDL
A California federal judge voiced doubt Friday about Meta CEO Mark Zuckerberg's arguments for axing corporate-officer liability claims from multidistrict litigation over the allegedly addictive designs of social media, saying that while many CEOs are hands-off, "it's not clear to me that Mr. Zuckerberg is one of them."
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July 12, 2024
T-Mobile Wins Time To Defend Arb. Award In 'SIM Swap' Suit
T-Mobile USA has won more time to defend an arbitration award it won after a customer claimed that lax security measures caused him to lose nearly $240,000 in cryptocurrency, according to a Florida federal court order.
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July 12, 2024
FINRA's Remote Inspection Pilot Met With Praise, Caution
The Financial Industry Regulatory Authority's new pilot program for remote inspections of broker-dealers has earned praise from attorneys, who say the measures accommodate the reality of remote work routines, but they're waiting to see how the chips fall on questions including the adequacy of the regulator's data security measures.
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July 12, 2024
AT&T Reveals Breach Of 'Nearly All' Users' Wireless Records
AT&T disclosed Friday that hackers had downloaded phone call and text message records belonging to "nearly all" the telecom giant's wireless customers at various times between May 2022 and early last year, although the company stressed that the breached data did not include the contents of these communications or appear to be publicly available.
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July 12, 2024
CFTC, DOJ Convene 'Pig Butchering' Working Group
The U.S. Commodity Futures Trading Commission and a U.S. Department of Justice cryptocurrency enforcement team have convened a working group focused on crypto fraud scams known as "pig butchering" schemes, joining forces with officials from more than 15 federal agencies.
Expert Analysis
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Series
Skiing Makes Me A Better Lawyer
A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.
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How Breach Reporting Is Changing For Financial Institutions
In May, the Federal Trade Commission's amended Safeguards Rule will extend the data protections that apply to information held by banks to information held by nonbanking financial institutions — and sweep even more broadly in some critical aspects, say Evan Yahng and Kurt Hunt at Dinsmore.
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High Court Social Media Speech Ruling Could Implicate AI
In Moody v. NetChoice and NetChoice v. Paxton, the U.S. Supreme Court is considering whether certain state laws can restrict content moderation by social media platforms, but the eventual decision could also provide insight into whether the first amendment protects artificial intelligence speech, say Joseph Meadows and Quyen Dang at GRSM50.
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Assessing Chinese Cross-Border Data Transfers
Jet Deng and Ken Dai at Dacheng unpack the regulatory framework for cross-border data transfers in China, detailing the major systems at play, last year's policy adjustments, and an outlook and practice tips for businesses.
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Think Like A Lawyer: Forget Everything You Know About IRAC
The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.
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The Corporate Transparency Act Isn't Dead Yet
After an Alabama federal court's ruling last week rendering the Corporate Transparency Act unconstitutional, changes to the law may ultimately be required, but ongoing compliance is still the best course of action for most, says George Singer at Holland & Hart.
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The Pros And Cons Of Protecting AI As Trade Secrets
Despite regulatory trends toward greater transparency of artificial intelligence models, federal policy acknowledges, and perhaps endorses, trade secret protection for AI information, but there are still hurdles in keeping AI information a secret, say Jennifer Maisel and Andrew Stewart at Rothwell Figg.
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Conn. Data Privacy Enforcement Takeaways For Cos.
In light of the Connecticut attorney general's recently released report on its enforcement of the Connecticut Data Privacy Act, which focuses on companies' privacy policies, protections of sensitive data and more, businesses can expect increased enforcement scrutiny — especially in areas that are the subject of consumer complaints, say Paul Pittman and Abdul Hafiz at White & Case.
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How Firms Can Ensure Associate Gender Parity Lasts
Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.
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Regulatory Trends Offer 4 Lessons For Debt Relief Providers
A string of enforcement actions, including a New York lawsuit filed last month by seven states and the Consumer Financial Protection Bureau, underscore the regulatory scrutiny that debt relief and credit repair companies face and offer important lessons on telemarketing and deceptive practices compliance, say attorneys at Sheppard Mullin.
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Bracing Cos. For Calif. Privacy Agency's Restored Authority
A recent California state appeals court decision greenlights the California Privacy Protection Agency's enforcement of certain consumer privacy regulations, which may speed up compliance requirements, so businesses considering use of artificial intelligence, for instance, may want to reassess their handling of privacy notices and opt-out requests, say Kevin Angle and Matthew Cin at Ropes & Gray.
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7 Common Myths About Lateral Partner Moves
As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.
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2 Emerging Defenses For Website Tracking Class Actions
Putative class actions premised on state wiretapping statutes that bar website activity tracking continue to be on the rise, but they are increasingly being dismissed on two procedural grounds, says Sheri Pan at ZwillGen.
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No AI FRAUD Act Is A Significant Step For Right Of Publicity
The No Artificial Intelligence Fake Replicas and Unauthorized Duplications Act's proposed federal right of publicity protection, including post-mortem rights, represents a significant step toward harmonizing the landscape of right of publicity law, Rachel Hofstatter and Aaron Rosenthal at Honigman.
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Series
Cheering In The NFL Makes Me A Better Lawyer
Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.