Cybersecurity & Privacy

  • August 15, 2024

    Yearbook Site Has 'Tortured View' Of Suit Waiver, Judge Says

    A Washington federal judge criticized the company behind Classmates.com on Thursday for arguing someone could've waived their right to sue the company for using their photo without ever visiting the website, calling it a "tortured view" of the Terms of Services language.

  • August 15, 2024

    FTC Renews Bid To Toss Meta's Constitutionality Case

    The Federal Trade Commission has told a D.C. federal court that a recent U.S. Supreme Court ruling does not support Meta's case raising constitutional challenges to a data privacy order, arguing the case should be tossed.

  • August 15, 2024

    Fla. Court Wrongly Blocked Health Report Without Evidence

    A Florida state appeals court has reversed a state court order blocking the release of an investigative report related to a man's suicide after he was discharged from a mental health center, saying the circuit court shouldn't have denied a request by the man's father for the report based on an argument from the center's managing entity without evidence.

  • August 15, 2024

    Gemini Suit Raises Novel Question On Crypto Law, Court Told

    A suit from a consumer advocacy organization claimed Gemini Trust Co.'s user agreement unfairly put the onus on consumers to protect themselves from scams, but the Winklevoss-led crypto exchange said the litigation raises a larger question of whether the federal statute at the heart of the claims applies to cryptocurrencies.

  • August 15, 2024

    Caterpillar Must Face Illinois Ex-Workers' Genetic Privacy Suit

    Caterpillar Inc. can't escape a proposed class action alleging it violated an Illinois genetic information privacy statute by asking job applicants about their family medical history, a federal judge ruled, rejecting the machinery manufacturer's assertion that it didn't intend to collect the data.

  • August 15, 2024

    No Harm In SEC Releasing More Info On Breach, Judge Told

    A conservative civil liberties group questioned the U.S. Securities and Exchange Commission's claims that releasing additional materials related to its handling of an internal firewall breach would harm the public interest Thursday, telling a D.C. federal judge in court that so much was already out, more sunlight couldn't hurt.

  • August 15, 2024

    Ga. Man Accused Of Trying To Steal $1.9M In COVID Funds

    A Georgia man was indicted in a scheme to steal $1.9 million in pandemic relief money and accused of wire fraud, submitting fraudulent federal tax returns and stealing dozens of Social Security numbers, the U.S. Department of Justice announced Wednesday.

  • August 15, 2024

    Delaware Judge Sends Tracking Tech IP Dispute To California

    A Delaware federal judge sent a patent infringement suit brought by a company that sells truck driver tracking software to California federal court, questioning in her opinion whether the company "ever fully intended" to pursue its claims in the First State in the first place.

  • August 15, 2024

    In-House Cyber And Gov't Contracts Pro Joins Ice Miller In DC

    Ice Miller LLP has brought aboard an experienced cybersecurity and government contracts attorney who for the last 18 years has worked in-house for defense and technology contractors, most recently as senior principal and counsel at L3Harris Technologies.

  • August 15, 2024

    Delta Facing Second Customer Suit Over IT Outage Response

    A Florida resident hit Delta Air Lines with a second proposed class action claiming the company failed to properly refund and reimburse passengers when their flights were canceled or significantly delayed in the wake of the global CrowdStrike computer outage.

  • August 14, 2024

    T-Mobile Hit With $60M Fine Over National Security Risks

    The Committee on Foreign Investment in the U.S. fined T-Mobile US Inc. $60 million for alleged national security failures, including failing to prevent the unauthorized access of "certain sensitive data" and to promptly report such incidents, according to news reports Wednesday and the agency's website.

  • August 14, 2024

    LinkedIn Can't Shake Privacy Suit Over DMV Data Collection

    A California federal judge has refused to ax a proposed class action accusing LinkedIn Corp. of unlawfully obtaining users' personal disability information from the state's Department of Motor Vehicles website, rejecting the company's arguments that it was merely acting as a "recording service" for the DMV and that the dispute couldn't proceed without the agency being added as a defendant. 

  • August 14, 2024

    SEC, CFTC To Collect $474M In Latest Texting Probe Fines

    The U.S. Securities and Exchange Commission and the Commodity Futures Trading Commission on Wednesday announced settlements totaling nearly $474 million with several broker-dealers, investment advisers and other registered firms over failures to maintain and preserve text messages and other electronic communications as required under federal law.

  • August 14, 2024

    Apple Accused Of 'Privacy-Washing' Child Porn Problem

    Apple Inc. has engaged in "privacy-washing" by using a purported commitment to users' privacy as an excuse to ignore its "dire" problem with child sexual abuse material being uploaded to and stored on iCloud, according to a proposed class action filed in California federal court.

  • August 14, 2024

    Temu Parent Faces Investor Suit Over Security, Labor Claims

    Chinese retail company PDD Holdings Inc., the owner of online merchandiser Temu, was hit with a proposed securities class action in New York federal court alleging it concealed from investors that it actively sought to put malware on its users' phones and sold goods that were likely made by forced labor.

  • August 14, 2024

    Google-Epic Antitrust Judge Vows To 'Tear The Barriers Down'

    A California federal judge appeared impatient Wednesday with Google's arguments against Epic Games' proposed changes to the Google Play Store in the wake of Epic's antitrust jury win, saying the world created by its "monopolist conduct" is changing, and vowing "to tear the barriers down."

  • August 14, 2024

    DOD Issues Contractor Cybersecurity Implementation Rule

    The U.S. Department of Defense on Wednesday issued a proposed rule laying out how it will incorporate its stringent pending Cybersecurity Maturity Model Certification program, intended to boost cybersecurity standards across the defense industrial base, into defense contracts.

  • August 14, 2024

    FTC Finalizes Rule To Crack Down On Fake Online Reviews

    The Federal Trade Commission on Wednesday announced it has finalized a rule to thwart marketers from using false reviews and testimonials, cementing the agency's authority to seek civil penalties from knowing violators for a host of misconduct including the use of AI-generated fake reviews.

  • August 14, 2024

    DoorDash Contract Can't Shield ID Service From BIPA Claims

    Identity verification service Persona Identities Inc. shouldn't have been allowed to rely on DoorDash's contract with two drivers to redirect their biometric privacy claims from court to arbitration, an Illinois appellate panel has ruled.

  • August 14, 2024

    Mobile Carriers Worry Anti-Robotext Rules Could Go Too Far

    Content-neutral text-blocking standards are not the way to go, a key wireless trade group has told the Federal Communications Commission, saying that stripping away the current industry standards in favor of nondiscriminatory ones would "open the floodgates to messages that consumers do not want."

  • August 14, 2024

    M&A Surge May Bring Opportunities For Cybercriminals

    An increase in mergers and acquisitions is creating more openings for cybercriminals to exploit companies and their customers, highlighted by February's Change Healthcare breach and other major hacks, according to a new report from cybersecurity firm Resilience. 

  • August 14, 2024

    NC Court Defers Ruling To Unseal Cadwalader Coverage Suit

    The North Carolina Business Court on Monday did not outright reject a bid by a Lloyd's of London syndicate looking to unseal a complaint by Cadwalader Wickersham & Taft LLP seeking coverage for a November 2022 data breach, though the judge did admonish the syndicate for failing to consult with Cadwalader's counsel before filing the motion.

  • August 14, 2024

    Judge DQs Ex-Overstock CEO's Atty For Discovery Violations

    A Washington, D.C., federal judge has granted Dominion Voting Systems' "extraordinary and rarely granted" disqualification bid over serious discovery violations by a lawyer defending Overstock.com CEO Patrick Byrne in a defamation lawsuit brought by the voting machine company.

  • August 14, 2024

    Rapper Gets Probation In Stolen Payment Card Scheme

    A Chicago-area rap artist was sentenced to probation for his role in a nationwide wire fraud conspiracy that used payment card information stolen from the dark web to make purchases, including private jet flights and hotel stays.

  • August 13, 2024

    Texas Judge Exits X's 'Boycott' Suit Against Ads Group, Unilever

    A Texas federal judge overseeing litigation filed by Elon Musk's X Corp. accusing the World Federation of Advertisers, Unilever and others of conspiring to withhold advertising revenue from the company recused himself from the case Tuesday, following news reports that he owns stock in Tesla, another Musk-owned company.

Expert Analysis

  • Series

    Being A Luthier Makes Me A Better Lawyer

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    When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.

  • Lead Like 'Ted Lasso' By Embracing Cognitive Diversity

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    The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.

  • 3 Areas Of Enforcement Risk Facing The EV Industry

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    Companies in the EV manufacturing ecosystem are experiencing a boom in business, but with this boom comes increased regulatory and enforcement risks, from the corruption issues that have historically pervaded the extractive sector to newer risks posed by artificial intelligence, say attorneys at MoFo.

  • Nat'l Security Considerations For Telecom Products Counsel

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    An increase in federal national security measures in the telecommunications space, particularly from the Federal Communications Commission, means that products counsel need to broaden their considerations as they advise on new products and services, says Laura Stefani at Venable.

  • Preparing For Increased Scrutiny Of Tech Supply Chains

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    The U.S. Department of Commerce's recent action prohibiting sales of a Russia-based technology company's products in the U.S. is the first determination under the information technology supply chain rule, and signals plans to increase enforcement of protections that target companies in designated foreign adversary jurisdictions, say attorneys at Debevoise.

  • 5 Steps To Protect Your Business From Spoofed Email Fraud

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    In today's digital landscape, spoofed email fraud poses a significant threat to businesses, so specifying clear payment instructions and implementing robust verification protocols, among other steps, can significantly reduce the risk of falling victim to email fraud, says Bill Wagner at Taft.

  • Cyber Incident Response Checklist For SEC Compliance

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    In light of recent guidance from the U.S. Securities and Exchange Commission, which clarified the distinction between two types of cybersecurity incident disclosures, companies should align their materiality assessment, incident response and disclosure control processes to bolster compliance and provide a measure of protection, say attorneys at Troutman Pepper.

  • Playing The Odds: Probing Sports Betting Allegations

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    With gambling-related controversies becoming a mainstay of the athletics landscape, it's essential for in-house and outside counsel to stay abreast of best practices for conducting sports betting investigations, say attorneys at Steptoe.

  • Opinion

    Now More Than Ever, Lawyers Must Exhibit Professionalism

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    As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.

  • How Tech Trackers May Implicate HIPAA After Hospital Ruling

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    A recent Texas federal court order in American Hospital Association v. Becerra adds a legal protection on key data, clarifying when tracking technologies implicate the Health Insurance Portability and Accountability Act, so organizations should ensure all technology used is known and accounted for, say John Howard and Myriah Jaworski at Clark Hill.

  • Series

    Serving In The National Guard Makes Me A Better Lawyer

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    My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.

  • A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates

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    Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.

  • Mitigating Risks Amid 10-Year Sanctions Enforcement Window

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    In response to recent legislation, which doubles the statute of limitations for actions related to certain U.S. sanctions and provides regulators greater opportunity to investigate possible violations, companies should take specific steps to account for the increased civil and criminal enforcement risk, say attorneys at Freshfields.

  • M&A In The AI Era: Key Deal Terms To Watch

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    As the artificial intelligence market matures, so will due diligence needs, as M&A deals aimed at consolidation and new synergies raise unique legal and regulatory challenges, including potential antitrust and national security reviews, say attorneys at Skadden.

  • Opinion

    States Should Loosen Law Firm Ownership Restrictions

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    Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.

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