Cybersecurity & Privacy

  • April 15, 2025

    Dems Back Ex-FTC Commissioners In Firing Suit

    Most of the sitting Democrats in Congress have thrown their support behind a lawsuit challenging the president's recent firing of two Federal Trade Commission members, telling a D.C. federal court the commission is meant to be an independent bipartisan agency.

  • April 15, 2025

    Insurer Says Law Firm's $1.5M Cyber Loss Isn't Covered

    A law firm isn't owed additional coverage after hackers allegedly stole more than $1.5 million intended for an attorney who had partnered with the firm on a personal injury case, its cyber insurer said, asking a Washington federal court to dismiss the bulk of the claims.

  • April 15, 2025

    Public Roads, Public Data, Cos. Say Of Drivers' Privacy Claims

    General Motors, OnStar and other companies facing multidistrict litigation accusing them of collecting driving data and selling it without user consent have urged a Georgia federal court to dismiss the claims, arguing that driving data is public because driving happens on public roads.

  • April 15, 2025

    How An Apple Exec's Attys Turned A Bribe Charge Into 'Vapor'

    When jurors ruled this month that an Apple executive's promise to donate iPads to the local sheriff's department was not a bribe, it appeared to vindicate a defense strategy of calling no witnesses and painting the case as fundamentally flawed.

  • April 15, 2025

    Submarine Cable Rules Need To Follow NIST, Feds Told

    Companies that use undersea cables should have flexibility in how they develop their individual cybersecurity plans — as long as those plans comply with the framework laid out by the government's National Institute of Standards and Technology, a trade group is telling the Federal Communications Commission.

  • April 15, 2025

    NJ Judicial Privacy Law Is Unconstitutional, 3rd Circ. Told

    A group of data brokers told the Third Circuit that the New Jersey judicial privacy measure, Daniel's Law, is facially unconstitutional and that a federal district judge effectively "rewrote" it when he found otherwise.

  • April 15, 2025

    Pharma Tech Firm Hit With Class Claims Over Data Breach

    Pharmacy technology company CPS Solutions LLC allegedly failed to implement "basic data security practices" like encrypting patient information before a cybercriminal got into its email system in December, according to a new proposed class action filed in Ohio federal court.

  • April 14, 2025

    Ransomware Payouts, Forensic Costs Falling, Law Firm Says

    The measures that companies are putting in place to guard against ransomware attacks are starting to pay off, with the amount that's being doled out to contain the impact of these incidents and the cost of forensic investigations dropping last year, according to a new BakerHostetler report.

  • April 14, 2025

    Coinbase Wants 3rd Circ. To Look At Share Traceability Ruling

    Coinbase has asked a New Jersey federal judge to let the Third Circuit immediately review the court's decision to allow an investor class action to proceed, saying it runs contrary to Fifth and Ninth circuit rulings concerning the traceability of share purchases, particularly in companies like Coinbase that went public via a so-called direct listing. 

  • April 14, 2025

    Linking Friends No Longer Meta's Focus, Zuckerberg Says

    Meta Platforms CEO Mark Zuckerberg testified Monday that the social media giant is no longer solely focused on connecting friends and family, arguing on the first day of the Federal Trade Commission's monopolization trial that the company has broader focus and faces more competition than the FTC claims.

  • April 14, 2025

    Apple Wants Renewed Cloud Storage Monopoly Suit Tossed

    Apple has urged a California federal court to toss the latest version of a proposed class action alleging it gives its iCloud service an advantage over third-party cloud storage providers, saying it limits certain remote-backup features for security and privacy.

  • April 14, 2025

    Verizon Says Unlocking Rules Are Boon To Crime Rings

    Verizon is asking the Federal Communications Commission to allow carriers to wait longer before unlocking customers' devices, telling the agency that device locking is one of the only effective tools for combating phone trafficking crime rings.

  • April 14, 2025

    Industry Seeks Tougher Laws To Fight Cable Theft, Vandalism

    State and local officials should enact more effective laws to fight the growing theft and vandalism of cable infrastructure, according to a new industry report.

  • April 14, 2025

    4th Circ. Asked To Rethink Credit Union's Liability In Scam

    A metal fabricator asked the full Fourth Circuit to rethink a panel decision finding a credit union cannot be held liable for a scammer's use of its services to swindle the fabricator out of $560,000, saying the majority should have deferred to the district court's findings about the scheme.

  • April 14, 2025

    DOJ Resists Airing Full ICE Pact On Taxpayer Data Sharing

    The U.S. government objected Monday to releasing an unredacted copy of a tax-information-sharing agreement between the IRS and immigration enforcement agencies sought by groups seeking to block the disclosure, telling a D.C. federal court that it would reveal sensitive information and law enforcement techniques.

  • April 11, 2025

    Microsoft, OpenAI Want Out Of Musk's For-Profit Challenge

    OpenAI and Microsoft are ready to be done with a lawsuit brought by Elon Musk accusing them of swindling the billionaire by turning OpenAI, the maker of ChatGPT, into a private entity after he and others invested in the artificial intelligence venture.

  • April 11, 2025

    DOJ Issues Compliance Tips for New Data Security Program

    The U.S. Department of Justice published tips Friday on complying with the new national data security program — which was created under the Biden administration and took effect April 8 — to prevent China, Russia, Iran and other foreign entities from exploiting Americans' sensitive personal data through commercial transactions.

  • April 11, 2025

    Ireland Probes X's Use Of Public Posts To Train AI Tool Grok

    Ireland's data protection authority said Friday that it is forging ahead with an investigation into whether efforts by the Elon Musk-owned social media platform X to train its artificial intelligence model Grok on personal data lifted from public posts complied with the European Union's data protection rules.

  • April 11, 2025

    CFPB To Pull Medical Debt Opinion, May Ax Nonbank Registry

    The Consumer Financial Protection Bureau said Friday that it will scrap recent guidance aimed at reining in medical debt collectors and may close out its new national nonbank enforcement registry, extending the agency's pullback from its Biden-era policies.

  • April 11, 2025

    Coinbase 'Mining Pools' Scam Case Heads To Arbitration

    Cryptocurrency exchange Coinbase and its subsidiary Toshi Holdings Ltd. are moving ahead with arbitration of a Virginia man's claims that he saw $50,000 drained from his Coinbase wallet by means of a "malicious smart contract" that appeared to be a liquidity mining pool.

  • April 11, 2025

    Tether-Backed Crypto Co. Can't Duck Swan's Trade Secrets Suit

    A California federal judge has ruled that an entity backed by cryptocurrency Tether can't escape a trade secrets suit from crypto trading firm Swan Bitcoin, which claims the entity reneged on a commitment to provide financing for a bitcoin mining deal and induced Swan employees to quit and steal the firm's proprietary information.

  • April 11, 2025

    FTC Democrat Members Seek Quick Win In Trump Firing Suit

    Recently fired Federal Trade Commission Democrat members Rebecca Kelly Slaughter and Alvaro M. Bedoya on Friday asked a D.C. federal court for an expedited summary judgment ruling in their case challenging their removals, arguing that President Donald Trump's attempted firings run afoul of decades-old precedent and the FTC Act.

  • April 11, 2025

    Chancery Tosses Exabeam Stockholder's Appraisal Suit

    A former stockholder of cybersecurity venture Exabeam Inc. saw his suit for Court of Chancery share appraisal shot down on Friday, after a vice chancellor concluded that the suit was launched as an unsupported workaround to secure documents unavailable to him on the company's merger with LogRhythm Inc.

  • April 11, 2025

    Telehealth Co. Sued Over 2024 Data Breach

    A company that helps healthcare providers manage after-hours patient calls was hit with a proposed class action in New York federal court Friday alleging that it failed to secure user data prior to a 2024 breach that exposed the sensitive information of nearly 1 million people.

  • April 11, 2025

    Alex Jones' Sandy Hook Atty Lands 7-Day Suspension Credit

    Alex Jones' former lead Connecticut attorney will be suspended for only one additional week because of a prior sit-out in 2023, a state court judge has clarified, saying she hadn't considered that Norm Pattis was previously benched while he appealed his discipline for his role in transferring Sandy Hook families' confidential records to another Jones attorney.

Expert Analysis

  • Unpacking First Consumer Claim Under Wash. Health Data Act

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    The first consumer class action claim filed under Washington's My Health My Data Act, Maxwell v. Amazon.com, may answer questions counsel have been contending with since the law was introduced almost a year ago, if the court takes the opportunity to interpret some of more opaque language, say attorneys at Polsinelli.

  • Deficiency Trends In National Futures Association Exams

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    A recent notice from the National Futures Association outlining the most common deficiencies uncovered during exams gives member firms an opportunity to review prior guidance, particularly regarding the hot topic of implementing procedures governing the use of outsourced service providers, say attorneys at Akin.

  • A Judge's Pointers For Adding Spice To Dry Legal Writing

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    U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.

  • Why NY May Want To Reconsider Its LLC Transparency Law

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    Against the backdrop of the myriad challenges to the federal Corporate Transparency Act, it may be prudent for New York to reconsider its adoption of the LLC Transparency Act, since it's unclear whether the Empire State's "baby-CTA" statute is still necessary or was passed prematurely, say attorneys at Pillsbury.

  • 9 Considerations For Orgs Using AI Meeting Assistants

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    When deciding to use artificial intelligence meeting assistants, organizations must create and implement a written corporate policy that establishes the do's and don'ts for these assistants, taking into account individualized business operations, industry standards and legal and regulatory requirements, say attorneys at Faegre Drinker.

  • AG Watch: Texas Is Entering New Privacy Enforcement Era

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    The state of Texas' recent suit against Allstate is the culmination of a long-standing commitment to vigorously enforcing privacy laws in the state, and while still in the early stages, it offers several important insights for companies and privacy practitioners, says Paul Singer at Kelley Drye.

  • Considerations As Trump Admin Continues To Curtail CFPB

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    Recent sweeping moves from the Consumer Financial Protection Bureau's new leadership have signaled a major shift in the agency's trajectory, and regulated entities should prepare for broader implications in both the near and long term, say attorneys at Pryor Cashman.

  • 6th Circ. Ruling Paves Path Out Of Loper Bright 'Twilight Zone'

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    The U.S. Supreme Court’s Loper Bright ruling created a twilight zone between express statutory delegations that trigger agency deference and implicit ones that do not, but the Sixth Circuit’s recent ruling in Moctezuma-Reyes v. Garland crafted a two-part test for resolving cases within this gray area, say attorneys at Wiley.

  • Cos. Should Prepare For Mexican Payments Surveillance Tool

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    The recent designation of six Mexican cartels as "specially designated global terrorists" will allow the Treasury Department to scrutinize nearly any Mexico-related payment through its Terrorist Finance Tracking Program — a rigorous evaluation for which even sophisticated sanctions compliance programs are not prepared, says Jeremy Paner at Hughes Hubbard.

  • Implications Of Kid Privacy Rule Revamp For Parents, Cos.

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    The Federal Trade Commission's recent amendments to the Children's Online Privacy Protection Act will expand protections for children online, meaning parents will have greater control over their children's data and tech companies must potentially change their current privacy practices — or risk noncompliance, say attorneys at Labaton Keller.

  • Is AI Distillation By DeepSeek IP Theft?

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    A brewing controversy over whether Chinese artificial intelligence company DeepSeek's distillation of outputs from OpenAI's ChatGPT violates copyright law raises questions about the legality and ethics of such practices, and will set important precedents for the future of AI development and intellectual property law, say attorneys at Winston & Strawn.

  • New Fla. Financial Abuse Law May See Limited Buy-In

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    Florida's newly effective financial protection law comes with compliance burdens and uncertainties that could discourage financial institutions from participating, even though the law aims to shield them from liability for delaying transactions when they suspect exploitation of elderly and vulnerable account holders, say attorneys at Shutts & Bowen.

  • 7 Tips For Associates To Thrive In Hybrid Work Environments

    Excerpt from Practical Guidance
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    As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.

  • Series

    Playing Beach Volleyball Makes Me A Better Lawyer

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    My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.

  • How Law Firms Can Counteract The Loneliness Epidemic

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    The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.

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