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Cybersecurity & Privacy
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July 18, 2024
Meta And FTC Want DC Circ. Privacy Fight Kept Paused
Meta's D.C. Circuit bid to stop the Federal Trade Commission from modifying the parties' $5 billion privacy settlement should be kept on ice, both sides said Thursday, as the commission vies to toss Meta's trial court suit following a recent U.S. Supreme Court ruling.
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July 18, 2024
Rising Star: Morgan & Morgan's Francesca Burne
Francesca Burne of Morgan & Morgan PA has served as class counsel for plaintiffs alleging violations of data security laws, working to get major wins for her clients that include a $68.2 million settlement with Morgan Stanley and a $190 million settlement with Capital One, earning her a spot among the cybersecurity practitioners under 40 honored by Law360 as Rising Stars.
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July 18, 2024
SolarWinds Beats Most Claims In SEC's Data Breach Suit
A New York federal judge on Thursday delivered a heavy blow to the U.S. Securities and Exchange Commission's case against software developer SolarWinds Corp. by dismissing substantial portions of the lawsuit, including claims that the company committed securities fraud by minimizing the severity of a state-sponsored attack on its flagship product.
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July 17, 2024
Special Counsel To Appeal Ax Of Trump Classified Docs Case
Special Counsel Jack Smith told a Florida federal court Wednesday that he was challenging U.S. District Judge Aileen Cannon's order earlier this week tossing the classified documents criminal case against Donald Trump, according to a notice of appeal.
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July 17, 2024
AT&T Sued Over Breach Of 'Nearly All' Cell Users' Records
AT&T Inc. is facing separate class actions in Texas, Montana and New Jersey federal courts after the company disclosed Friday that hackers had downloaded phone call and text message records belonging to "nearly all" the telecom giant's wireless customers between May 2022 and early last year.
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July 17, 2024
Calif. Asks 9th Circ. To Lift Injunction On Kids' Privacy Law
California urged the Ninth Circuit on Wednesday to remove an injunction blocking a groundbreaking new law requiring social media platforms to bolster privacy protections for children, defending the protections and arguing that any unconstitutional provision should be severed following the U.S. Supreme Court's Moody v. NetChoice decision.
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July 17, 2024
Jimmy John's Biometric Info Suit 'Barely' Avoids Dismissal
An Illinois federal judge refused Wednesday to toss a putative class action alleging Jimmy John's LLC unlawfully records customers via technology embedded in drive-through intercoms in violation of the state's Biometric Information Privacy Act, but he remarked on the "thinness" of the allegations and said the complaint "barely" survives.
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July 17, 2024
United, Union Pacific Must Face Genetic Privacy Suits
United Airlines and Union Pacific Railroad must face proposed class claims that they violated applicants' genetic information privacy rights by requiring them to disclose their family medical history during the hiring process, an Illinois federal judge said in separate orders Tuesday.
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July 17, 2024
Investigator Argues Mogul's Hacked Data Aren't Trade Secrets
A private investigator accused of taking part in an international hacking conspiracy targeting airline mogul Farhad Azima is looking for a win after a protracted discovery battle, saying Azima has failed to prove the allegedly stolen data contained his trade secrets.
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July 17, 2024
CVS, Job Applicant Report Settlement In AI Lie Detector Suit
CVS Health Corp. has reached a tentative settlement in a proposed class action accusing the retail pharmacy chain of secretly using artificial intelligence that functions as a lie detector in its online job applications, according to a filing in Massachusetts federal court Wednesday.
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July 17, 2024
Settlement Talks Stall In NC Driver Suit Over Crash Data
A North Carolina woman and the city of Charlotte failed to reach a deal outside of court that would end her proposed class action accusing the city of violating privacy laws by making car accident reports public, according to a newly filed mediator's report.
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July 17, 2024
Judge Trims Sentence For Crypto Expert Who Aided N. Korea
A New York federal judge has cut seven months from the sentence of a computer expert convicted of furthering North Korean blockchain development in light of recently revised U.S. sentencing guidelines.
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July 17, 2024
Boston Man Can't Escape Chinese Spy Charge
A Boston federal judge said the government does not have to show that a man accused of spying for China specifically sought to avoid registering as a foreign agent to prove that he violated or conspired to violate a law requiring him to do so.
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July 17, 2024
NY Inn Settles Coverage For Law Grad Shower Film Extortion
The owner and manager of an Albany, New York, Hampton Inn where a law school graduate said she was secretly filmed showering, then blackmailed, settled with its insurers in a Georgia federal dispute over defense coverage of the woman's suit against them.
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July 17, 2024
Rising Star: Winston & Strawn's Kevin Simpson
Kevin Simpson of Winston & Strawn LLP has represented major companies including Wal-Mart and Hertz in Telephone Consumer Protection Act lawsuits, earning him a spot among the cybersecurity attorneys under the age of 40 honored by Law360 as Rising Stars.
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July 17, 2024
Robinhood's $9M Promo Text Suit Settlement Gets Final Nod
A Washington federal judge has awarded $2.2 million in attorney fees and granted final approval to a $9 million settlement resolving claims that stock-trading app Robinhood's referral program caused nonusers to receive unsolicited promotional texts, in violation of Evergreen State law.
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July 16, 2024
Trump Special Prosecutor Ruling Could Find Favor On Appeal
When U.S. District Judge Aileen Cannon dismissed the criminal case against former President Donald Trump in Florida over what she said was an unconstitutional appointment of a special prosecutor, she staked out a position that few other jurists have taken, but that could find support among some appellate judges, experts said.
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July 16, 2024
Kaspersky To End US Operations After Commerce Dept.'s Ban
A Russian cybersecurity and antivirus provider will begin closing U.S. operations and laying off workers Sunday, after the U.S. Department of Commerce banned it from selling its products in the U.S. or to U.S. citizens.
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July 16, 2024
Platinum Co-Founder Dodges Prison For Bond Fraud Rap
Platinum Partners co-founder Mark Nordlicht on Tuesday was spared prison time for his five-year-old conviction over a purported scheme to defraud bondholders of a Texas oil and gas company, as a New York federal judge doubted that "such a weird case" would have any deterrent value.
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July 16, 2024
Columbia U. Aims To Keep $600M Patent Win Over Norton
Columbia University has urged the Federal Circuit to preserve its $600 million willful patent infringement judgment against NortonLifeLock Inc., telling the court that Norton's "kitchen-sink" appeal "raises a slew of issues, hoping something will stick" and challenging Quinn Emanuel's appeal of a civil contempt ruling as "baseless and, ultimately, academic."
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July 16, 2024
FCC Plans Vote To Expand AI Robocall Regulations
The Federal Communications Commission announced Tuesday that it plans to vote next month on a proposal to require robocallers to disclose their use of artificial intelligence to call recipients, among other potential new rules surrounding AI in telecommunications.
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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.
Expert Analysis
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What To Know About State-Level Health Data Privacy Laws
Companies that handle consumer health data, including those in the retail sector, should take a conservative approach when interpreting the scope of new health privacy laws in Washington, Nevada and Connecticut, which may include development of privacy notices, consent procedures, rights request response processes and processor contracts, say attorneys at Hunton.
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HHS' Updated Tracking Tech Guidance Offers Little Clarity
The U.S. Department of Health and Human Services' Office for Civil Rights' updated guidance on the use of online tracking technologies appears more focused on legal issues raised in ongoing litigation with the American Hospital Association and less on practical guidance for covered entities, say attorneys at Sheppard Mullin.
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And Now A Word From The Panel: Benefits Of MDL Transfers
A recent order from the Judicial Panel on Multidistrict Litigation highlights a critical part of the panel's work — moving cases into an existing MDL — and serves as a reminder that common arguments against such transfers don't outweigh the benefits of coordinating discovery and utilizing lead counsel, says Alan Rothman at Sidley Austin.
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Ready Or Not, Big Tech Should Expect CFPB Surveillance
In light of the Consumer Financial Protection Bureau's proposed plan to supervise large companies providing the vast majority of digital money transfers, not only will Big Tech have to prepare for regulation previously reserved for traditional banks, but the CFPB will also likely face some difficult decisions and obstacles, says Meredith Osborn at Arnold & Porter.
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3 Cybersecurity Takeaways From White House Tech Report
Tech companies and software developers should take stock of the Biden administration's push for improved cybersecurity in a recent White House report, especially given that the report lays new building blocks related to potential liability for developers, say attorneys at Sidley.
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Series
Spray Painting Makes Me A Better Lawyer
My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.
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Examining The Arbitration Clause Landscape Amid Risks
Amid a new wave of mass arbitrations, recent developments in the courts and from the American Arbitration Association suggest that companies should improve arbitration clause drafting to protect themselves against big-ticket settlements and avoid major potential liability, say attorneys at Benesch.
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Past CCPA Enforcement Sets Path For Compliance Efforts
The California Privacy Protection Agency and the California Attorney General's Office haven't skipped a beat in investigating potential noncompliance with the California Consumer Privacy Act, and six broad issues will continue to dominate the enforcement landscape and inform compliance strategy, say attorneys at Reed Smith.
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Hospitals Must Adapt To Growing Cybercrime Threats
As the tide of cybersecurity attacks targeting the healthcare industry continues to grow, hospitals and healthcare providers must take steps to protect themselves, including by replacing legacy records systems and ensuring that business associate agreements address responsibility for breaches, says Christine Chasse at Spencer Fane.
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How Policymakers Can Preserve The Promise Of Global Trade
Global trade faces increasing challenges but could experience a resurgence if long-held approaches adjust and the U.S. accounts for factors that undermine free trade's continuing viability, such as regional trading blocs and the increasing speed of technological advancement, says David Jividen at White & Case.
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10 Areas To Watch In Aerospace And Defense Contracting Law
The near future holds a number of key areas to watch in aerospace and defense contracting law, ranging from dramatic developments in the space industry to recent National Defense Authorization Act updates, which are focused on U.S. leadership in emerging technologies, say Joseph Berger and Chip Purcell at Thompson Hine.
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Meta Data Scraping Case Has Lessons For Platforms, AI Cos.
The California federal court ruling that artificial intelligence company Bright Data's scraping of public data from Meta social media sites does not constitute a breach of contract signals that platforms should review their terms of service and AI companies could face broad implications for their training of algorithms, say attorneys at Arnold & Porter.
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Opinion
Judicial Independence Is Imperative This Election Year
As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.
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How Harsher Penalties For AI Crimes May Work In Practice
With recent pronouncements from the U.S. Department of Justice that prosecutors may seek sentencing enhancements for crimes committed using artificial intelligence, defense counsel should understand how the sentencing guidelines and statutory factors will come into play, says Jennie VonCannon at Crowell & Moring.
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AI In Performance Management: Mitigating Employer Risk
Companies are increasingly turning to artificial intelligence tools in performance management, exposing organizations to significant risks, which they can manage through employee training, bias assessments, and comprehensive policies and procedures related to the new technology, say Gregory Brown and Cindy Huang at Jackson Lewis.