Cybersecurity & Privacy

  • August 16, 2024

    The Biggest Texas Rulings Of 2024: A Midyear Report

    Texas has seen a bevy of major decisions, including a $1.4 billion settlement with Facebook over alleged biometric data collection, a ruling banning gender-affirming care for minors, and the conclusion of a long-running securities case against Attorney General Ken Paxton. Here's some of the biggest decisions so far this year.

  • August 16, 2024

    49ers Can't Beat Data Breach Suit, But Damages In Question

    A California federal judge has rejected the San Francisco 49ers bid to toss a proposed class action claiming that the NFL team didn't protect 20,000 current and former employees' personal information from hackers, but he said a filing issue could put California Consumer Privacy Act statutory damages out of reach.

  • August 16, 2024

    TikTok Nonusers Fight Uphill For 100M-Member Privacy Class

    A California federal judge on Friday tentatively declined to certify a class of over 100 million nonusers of TikTok over allegations it illegally scraped their personal data from third-party websites, noting the "extraordinary" class size and questioning whether the plaintiffs have shown their injuries are typical of the proposed class.

  • August 16, 2024

    Customer Says AAA Must Improve Oversight Of Arbitrators

    The American Arbitration Association allows its arbitrators' decisions to go unchecked because the AAA operates without any formal audit mechanism, a disgruntled T-Mobile USA Inc. customer told a Florida federal judge as he fights an arbitral award favoring the company.

  • August 16, 2024

    Feds To Appeal Platinum Win Over Zero Loss, Count Toss

    Federal prosecutors have notified the Second Circuit that they'll appeal a judge's findings that the loss amount in the case of Platinum Partners co-founder Mark Nordlicht was zero and the wire fraud conspiracy counts against Nordlicht and another would be dismissed, despite Nordlicht's conviction.

  • August 16, 2024

    Calif. State Court Tosses Antitrust Case Against MultiPlan

    A California state court has tossed a suit accusing MultiPlan Inc. of violating antitrust law through pricing tools used by health insurance providers, similar to claims being made in multidistrict litigation that were recently centralized in Illinois federal court.

  • August 16, 2024

    Chinese Router Maker Must Be Looked Into, Reps. Say

    A House committee that weighs potential dangers posed by the Chinese Communist Party is raising the alarm about the routers sold by a Chinese-owned company, saying the panel believes the devices could pose a risk to national security.

  • August 16, 2024

    Cisco Gets Another Shot At Sinking Network Security Patent

    The Federal Circuit on Friday told the Patent Trial and Appeal Board to take another look at a ruling upholding language in a network security technology patent at the heart of Cisco Systems Inc.'s fight with a litigation outfit.

  • August 16, 2024

    Ex-Worker Says Toshiba Unit's Laxity Led To 3-Month Breach

    A onetime employee of Toshiba America Business Solutions Inc., a U.S.-based subsidiary of Japanese electronics company Toshiba, has filed a proposed class action against his former employer claiming his personal information was stolen in a data breach made possible by the company's negligence.

  • August 16, 2024

    Challenge To SEC Database Not Too Late, Investors Argue

    The Texas investors suing the U.S. Securities and Exchange Commission to stop the collection of trading information through a central database have hit back against the agency's arguments that the lawsuit was filed 12 years too late, saying they have ongoing concerns that their private information could be compromised.

  • August 16, 2024

    9th Circ. Keeps Part Of Block On Calif. Kids' Privacy Law

    The Ninth Circuit on Friday refused to completely scrap an injunction halting a groundbreaking new California law requiring social media platforms to bolster privacy protections for children, finding that a tech trade group was "likely to succeed" on its argument that the mandate for companies to identify and address potential risks to minors violates the First Amendment.

  • August 16, 2024

    Convicted Crypto Mixer Says Feds' 30-Year Ask Too High

    The convicted operator of the Bitcoin Fog crypto mixing service urged a Washington, D.C., federal judge to disregard federal prosecutors' 30-year recommendation and instead levy a below-guidelines sentence, arguing the scale of his money laundering operation isn't indicative of harm done.

  • August 16, 2024

    Gunster Aims To Erase Data Breach Suit In Florida

    Gunster Yoakley & Stewart PA has asked a Florida federal court to toss a proposed class action related to a data breach in 2022, arguing that the former client failed to state actual damages sustained by the potential class due to the cybersecurity incident.

  • August 16, 2024

    Photographer Says Studio Owes Pay, Shared Her Intimate Pics

    A Pittsburgh photography studio cheated a former associate photographer of her wages after misclassifying her as an independent contractor, withheld her tipped wages and posted boudoir photos of her on social media without her consent, the photographer said in a suit in Pennsylvania state court.

  • August 16, 2024

    Pa. Energy Fund Ducks Class Claims Over Data Breach

    A federal judge trimmed most of the claims from a data breach lawsuit against Dollar Energy Fund Inc., including those of a plaintiff seeking to represent similarly situated customers whose personal information was stolen but not yet used.

  • August 19, 2024

    New Jersey Legislation To Watch: A Midyear Report

    New Jersey proposals for a corporate transit tax and mandatory business showdowns during sweltering weather have generated concerns from industry sectors fatigued by rising costs, while the rise of artifical intelligence and corresponding legislation appears to have united those fearing the digital-age hazard of "deepfakes."

  • August 15, 2024

    San Francisco Unveils Landmark Suit Over 'Deepfake' Porn

    The San Francisco city attorney on Thursday launched a suit against the operators of 16 websites that he claims create and distribute nonconsensual, artificial intelligence-generated pornography, also known as "deepfake pornography" or "deepnudes."

  • August 15, 2024

    Colo. Atty Sues Bank, Opposing Counsel Over Hack Attack

    A Colorado attorney and conservative radio personality is suing Wells Fargo and opposing counsel in a divorce proceeding over their alleged role in a hacking incident that apparently caused him to wire $375,000 for a client's divorce settlement to Hong Kong.

  • August 15, 2024

    Telecom Orgs Ask Justices To Take Up NY Internet Rate Cap

    The U.S. Supreme Court must step in and unravel a split Second Circuit ruling upholding New York's right to put a $15 cap on the amount broadband companies can charge low-income households, say several trade groups that lost their challenge to the law.

  • August 15, 2024

    Medical Records Co. Appealing Blocked Anti-Bot CAPTCHAs

    Electronic medical records company PointClickCare will appeal last month's ruling from a Maryland federal judge enjoining it from using unsolvable CAPTCHA prompts to block a nursing home analytics firm's access to records, the company said Wednesday.

  • August 15, 2024

    Nvidia Illegally Scraped Videos To Train AI, YouTuber Says

    Artifical intelligence technology titan Nvidia Corp. has been collecting millions of YouTube videos without creators' permission and using them to train its deep-learning AI software, according to a proposed class action filed Wednesday in California federal court.

  • August 15, 2024

    Trump's $100M Tort Claim Against DOJ Faces Uphill Climb

    Experts say Donald Trump's $100 million claim against the federal government for the search of his Mar-a-Lago estate and the prosecution of the allegedly illegal retention of classified documents there will be an uphill climb for the former president because of the limited application of the Federal Tort Claims Act.

  • 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.

Expert Analysis

  • 5 Critical Factors Driving Settlement Values In Cyber Litigation

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    Recent ransomware incidents and their legal repercussions offer five valuable insights into the determinants of settlement values in cyberattack-related litigation, and understanding these trends and their implications can better prepare organizations for the potential legal fallout from future breaches, says Peter Kamminga at JAMS.

  • How Associates Can Build A Professional Image

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    As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.

  • Firms Must Rethink How They Train New Lawyers In AI Age

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    As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.

  • What 4 Cyber Protection Actions Mean For Marine Transport

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    Several recent steps by the Biden administration are necessary to address the cyber threats that increasingly disrupt the maritime sector, but also impose new legal risks, liabilities and operating costs on the owners and operators of U.S.-flagged vessels and facilities, say attorneys at Holland & Knight.

  • Cyber Takeaways For Cos. From Verizon Data Breach Report

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    Camilo Artiga-Purcell at Kiteworks analyzes the key findings of the 2024 Verizon Data Breach Investigations Report from a legal perspective, examining the implications for organizations' cybersecurity strategies and compliance efforts.

  • Think Like A Lawyer: Always Be Closing

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    When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.

  • Takeaways From Nat'l Security Division's Historic Declination

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    The Justice Department National Security Division's recent decision not to prosecute a biochemical company for an employee's export control violation marks its first declination under a new corporate enforcement policy, sending a clear message to companies that self-disclosure of misconduct may confer material benefits, say attorneys at Perkins Coie.

  • Lessons From Epic's Dutch Fine For Unfair Marketing To Kids

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    Dutch regulators' imposition of a €1.1 million fine on Epic Games for unfair commercial practices targeting children marks a significant moment in the ongoing scrutiny of digital market practices, and follows an increased focus on children's online safety in the U.S. and European Union, say attorneys at Crowell & Moring.

  • Opinion

    California Has A Duty To Curtail Frivolous CIPA Suits

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    As plaintiffs increasingly file class actions against companies for their use of website tracking cookies and pixels, the Legislature should consider four options to amend the California Invasion of Privacy Act and restore the balance between consumer privacy and business operational interests, say Steven Stransky and Jennifer Adler at Thompson Hine and Glenn Lammi at the Washington Legal Foundation.

  • Risks And Promises Of AI In The Financial Services Industry

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    Generative artificial intelligence has immense potential to revolutionize the financial services industry, but firms considering its use should first prepare to show their customers and the increasingly divided international regulatory community that they can manage the risks inherent to the new technology, say attorneys at Gibson Dunn.

  • Playing The Odds: Criminal Charges Related To Sports Betting

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    In light of recent sports betting scandals involving MLB player Shohei Ohtani and NBA player Jontay Porter, institutions and individuals involved in athletics should be aware of and prepared to address the legal issues, including potential criminal charges, that sports gambling may bring to their door, say attorneys at Steptoe.

  • Series

    Playing Chess Makes Me A Better Lawyer

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    There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.

  • Key FCC Enforcement Issues In AT&T Location Data Appeal

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    AT&T’s decision to challenge a $57 million fine from the Federal Communications Commission for its alleged treatment of customer location information highlights interesting and fundamental issues about the constitutionality of FCC enforcement, say Patrick O’Donnell and Jason Neal at HWG.

  • Crafting An Effective Workplace AI Policy After DOL Guidance

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    Employers should take proactive steps to minimize their liability risk after the U.S. Department of Labor released artificial intelligence guidance principles on May 16, reflecting the reality that companies must begin putting into place policies that will dictate their expectations for how employees will use AI, say David Disler and Courtnie Bolden at ​​​​​​​Porzio Bromberg.

  • How SEC Could Tackle AI Regulations On Brokers, Advisers

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    The U.S. Securities and Exchange Commission held an open meeting of its Investor Advisory Committee on June 6 to review the use of artificial intelligence in investment decision making, showing that regulators are being careful not to stifle innovation or implement rules that will quickly be made irrelevant after their passage, says Brian Korn at Manatt Phelps.

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