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Cybersecurity & Privacy
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September 30, 2024
T-Mobile To Pay $31.5M In FCC Data Breach Settlement
T-Mobile has agreed to settle a group of Federal Communications Commission data breach cases for $31.5 million, the agency announced Monday.
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September 30, 2024
Speedway Workers' BIPA Suit Headed To Trial
An Illinois federal judge said Sunday that Speedway must defend itself at trial against a now-certified class of employees who say the gas station chain required employees to scan their fingerprints to clock in to and out of work for years without ever obtaining their informed consent.
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September 30, 2024
Ex-UNC Prof Claims Admin Tapped Classroom In Firing Suit
A Native American former professor at the University of North Carolina has taken the school to federal court for allegedly recording his lectures without his consent and terminating him in retaliation for his public comments criticizing what he says is a lack of proper diversity initiatives at the university.
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September 30, 2024
PE-Backed IT Provider Ingram Micro Files Long-Awaited IPO
Private equity-owned technology company Ingram Micro made public its U.S. initial public offering filing Monday, more than two years after the Irvine, California-based electronics distributor laid the foundation for its return to stock markets.
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September 30, 2024
Epic Accuses Samsung Of Helping Google Block App Fix
Epic Games filed a new federal lawsuit Monday against Google and Samsung, alleging the search giant and the phonemaker have teamed up "to preemptively undermine" a looming order forcing Google to permit competition with its Play Store.
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September 29, 2024
Hunter Biden's Tax Privacy Case Can Proceed, Judge Says
Hunter Biden can move forward with his lawsuit against the federal government alleging the unauthorized disclosure of his tax return information by special agents and their attorneys who talked publicly about an investigation that culminated in Biden's copping to criminal tax charges, a D.C. federal judge ruled.
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September 27, 2024
Bread's Banks Fork Over $2M To FDIC Over Rewards Issue
The Federal Deposit Insurance Corp. has fined Bread Financial's Comenity bank units a total of $2 million as part of a pair of consent orders made public Friday that resolve unfair practices claims tied to their rewards programs and automatic payments processing.
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September 27, 2024
FCC Chief Quotes Taylor Swift In Tough Stance On Deepfakes
Federal Communications Commission chairwoman Jessica Rosenworcel vowed during a speech Friday to take a strong position on enforcing the Telephone Consumer Protection Act against AI-generated robocalls and noted the FCC is considering new AI election-related disclosure regulations, quoting pop singer Taylor Swift who said, "The simplest way to combat misinformation is with the truth."
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September 27, 2024
Kappos' Bayh-Dole Warning To Clients Draws Debate
An advocate for lowering drug prices squared off Friday against a former U.S. Patent and Trademark Office director about the potential risk of accepting government funds to develop drugs, as part of a discussion at New York University School of Law.
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September 27, 2024
Meta's Password Storage Flub Draws €91M Irish Fine
Ireland's data protection authority has hit Facebook parent company Meta Platforms Inc. with a €91 million ($101.5 million) penalty for allegedly storing users' passwords without encryption or other necessary safeguards, the regulator announced Friday.
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September 27, 2024
Constitution Permits Blocked Anti-Laundering Law, Panel Told
The U.S. government urged the Eleventh Circuit on Friday to reinstate the Corporate Transparency Act passed in 2021, arguing that the anti-money laundering law is within Congress' powers to regulate economic activity and necessary to have businesses report beneficial ownership to combat crimes like tax evasion and terrorist financing.
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September 27, 2024
UK Man Indicted On $4M 'Hack-To-Trade' Scheme
New Jersey federal prosecutors announced Friday that a U.K. man has been arrested and is awaiting extradition on charges of hacking into the email accounts of several corporate executives in order to steal nonpublic information that he used to turn a profit of almost $4 million.
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September 27, 2024
FCC Chief Says Chevron's Fall Won't Slow Needed Regs
Upcoming Federal Communications Commission rules are likely to survive judicial scrutiny even after the Chevron doctrine's demise because the policies are grounded on not only legal analysis but in-depth economic and engineering studies, the agency's chief said Friday.
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September 27, 2024
L'Oréal Can't Turn Off Try-On Tool BIPA Suit
An Illinois federal judge on Friday refused to dismiss a proposed class action accusing L'Oréal USA of violating Illinois' biometric privacy law with its virtual try-on tool, saying the beauty giant failed to give the plaintiff constructive notice of its arbitration terms and that she'd done enough at this stage to plausibly allege it collected her biometric identifiers.
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September 27, 2024
Ga. Hospital Patients Ask Judge to Revive Facebook Data Suit
A proposed class of patients claiming Piedmont Healthcare Inc. unlawfully shared their confidential health data with Facebook urged a federal judge to rethink his late-August decision tossing their suit, saying the judge failed to consider their claims the health system criminally violated HIPAA's privacy rule.
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September 27, 2024
Insurer Says No Coverage For Conn. Firm's Data Breach
A Connecticut personal injury firm's insurance company says it won't foot the bill for claims stemming from a hacker breaking into the firm's email system and stealing over $750,000 from a client, saying the firm's professional liability policy excluded "cyber security events."
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September 27, 2024
Gunster Says Absence Of Damages Sinks Data Breach Case
Gunster Yoakley & Stewart PA wants a proposed class action lawsuit against it tossed in Florida federal court, arguing plaintiffs who had their personal information compromised when the law firm fell victim to a cyberattack can't show any harm was done.
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September 27, 2024
Feds Charge 3 Iranians In Trump Campaign Hack
The U.S. Department of Justice on Friday unsealed an indictment accusing three Iranian citizens of hacking Donald Trump's presidential campaign as part of a "wide-ranging" cyber scheme that sought to sow distrust in U.S. elections.
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September 26, 2024
Attys Worry OpenAI IP Row Will Drag On Amid AI Policy Push
A BigLaw attorney and consumer advocates found common ground during the seventh annual Berkeley Law AI Institute on Thursday expressing concerns that courts won't timely adjudicate copyright claims against OpenAI and others, while an FTC attorney noted the commission is already enforcing the Federal Trade Act against companies for over-hyping their AI.
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September 26, 2024
Legal Pros Grapple With Best Use Of AI As Clients Divide
BigLaw attorneys and in-house counsel speaking at the annual Berkeley Law AI Institute on Thursday talked about how they've recently grappled with using the tools known as artificial intelligence in representing clients, saying some clients have either demanded or prohibited attorneys from using the tools, and others have taken seemingly contradictory positions.
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September 26, 2024
HHS Flags Ransomware Rise In New Deal With Wash. Provider
A Washington state-based healthcare provider has agreed to pay $250,000 and boost its data security to resolve the U.S. Department of Health and Human Service's enforcement action over a 2017 ransomware attack, amid what the agency said has been a steep rise in reports of such cyberattacks over the past six years.
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September 26, 2024
Senate Bill Calls For Stronger Healthcare Cyber Standards
Democratic lawmakers introduced legislation Thursday aiming to better protect patient health information and avoid cyberattacks by strengthening cybersecurity standards, months after a highly publicized data breach earlier this year of a UnitedHealth unit that lacked basic security measures like two-factor authentication.
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September 26, 2024
Colo. AG Says He Won't Call 'Ticky Tack' Privacy Fouls
Colorado Attorney General Phil Weiser told an audience of attorneys and privacy professionals Thursday that part of his privacy enforcement strategy is not to needle companies that are trying to comply with the law for minor violations.
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September 26, 2024
Snowflake, AT&T Data Breach Suit Must Be Joined, JPML Told
An attorney for plaintiffs suing cloud provider Snowflake Inc., which counts AT&T Inc. among its clients and suffered a series of high-profile hacks, urged the Judicial Panel on Multidistrict Litigation Thursday to consolidate all related litigation, saying the disputes revolve around common issues.
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September 26, 2024
En Banc 9th Circ. Doubts Dismissal Of Shopify Privacy Suit
Ninth Circuit judges sitting en banc Thursday appeared dubious of an earlier panel's conclusion that a California federal court lacked personal jurisdiction over Golden State consumers' privacy claims against Shopify Inc., questioning how internet companies could ever face tort claims if this were the law.
Expert Analysis
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Election Outlook: A Precedent Primer On Content Moderation
With the 2024 election season now in full swing, online platforms will face difficult and politically sensitive decisions about content moderation, but U.S. Supreme Court decisions from last term offer much-needed certainty about their rights, say Jonathan Blavin and Helen White at Munger Tolles.
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What BIPA Reform Law Means For Biometrics Litigation
A recently signed Illinois law amending the Biometric Information Privacy Act limits defendants' liability exposure on a per-scan basis and clarifies that electronic signatures constitute a valid written release, establishing additional issues that courts will need to address in future BIPA litigation, say attorneys at Faegre Drinker.
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6 Considerations To Determine If A Cyber Incident Is Material
The U.S. Securities and Exchange Commission's recent guidance on material cybersecurity incidents covers a range of ransomware scenarios, from a company paying a sum and regaining operations to recovering payment via cyberinsurance, but makes it clear that no single factor determines whether a cybersecurity incident is material, say attorneys at Troutman Pepper.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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Series
After Chevron: What To Expect In Consumer Protection At FTC
Although the Federal Trade Commission's bread-and-butter consumer protection law enforcement actions are unlikely to be affected, the Loper Bright decision may curb the FTC's bolder interpretations of the statutes it enforces, says Mary Engle at BBB National Programs.
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The Ethics of Using Generative AI In Environmental Law
The rapid emergence of generative artificial intelligence tools is challenging environmental lawyers, consultants and government agencies to determine when and how these tools can be responsibly, ethically and productively integrated into their practices to streamline research, predictive analytics and regulatory compliance, say Ahlia Bethea and Pamela Esterman at Sive Paget.
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RealPage Suit Shows Growing Algorithm, AI Pricing Scrutiny
The U.S. Department of Justice's suit against RealPage for helping fix rental rates, filed last week, demonstrates how the use of algorithmic and artificial intelligence tools to assist with pricing decisions is drawing increasing scrutiny and action across government agencies, and specifically at the Federal Trade Commission and the DOJ, say Andre Geverola and Leah Harrell at Arnold & Porter.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.
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CrowdStrike Incident Highlights Third-Party Risk For Banks
The global business disruptions caused by CrowdStrike's faulty software update last month serves as a reminder that banks should assess operational and compliance risks associated with third-party service providers and create resiliency plans extending down to fourth- and fifth-level providers, says Craig Landrum at Jones Walker.
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Foreign Threat Actors Pose Novel Risks To US Tech Cos.
A recent bulletin jointly issued by several U.S. intelligence agencies warns technology startups and the venture capital community about national security risks posed by foreign threat actors, so companies interested in raising foreign capital should watch for several red flags, say Robert Friedman and Jacob Marco at Holland & Knight.
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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Class Actions At The Circuit Courts: August Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers certification cases touching on classwide evidence of injury from debt collection practices, defining coupon settlements under the Class Action Fairness Act, proper approaches for evaluating attorney fee awards in class action settlements, and more.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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4 Steps To Address New Sanctions Time Bar Extension
Recent guidance from the Office of Foreign Assets Control clarifies details of the newly extended statute of limitations for civil and criminal enforcement of U.S. sanctions law, so compliance teams should implement key updates, including to lookback periods and recordkeeping policies, say attorneys at Freshfields.
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Incident Response Lessons From The CrowdStrike Failure
CrowdStrike's incident highlights a growing problem within modern digital infrastructures — single points of failure that cause widespread disruption when things go wrong — so organizations should carefully review their digital infrastructure to identify unique areas of exposure or vulnerability, say Erik Dullea at Husch Blackwell and Kip Boyle at Cyber Risk Opportunities.