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Cybersecurity & Privacy
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August 26, 2024
Feds Say Trump Docs Dismissal Contradicts 'Long Tradition'
Special counsel Jack Smith on Monday lodged the government's opening brief in its Eleventh Circuit appeal of the dismissal of the classified documents case against former President Donald Trump, arguing that the lower court's finding is contrary to "precedent and history" and the "long tradition of special-counsel appointments by the attorney general."
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August 26, 2024
Uber Hit With €290M Dutch Fine For EU Data Transfers To US
The Netherlands' data protection authority has fined Uber €290 million ($324 million) on allegations it failed to use a valid mechanism for sending European drivers' personal data to the U.S. for more than two years, a penalty that the ride-sharing provider has vowed to appeal.
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August 26, 2024
Care.com To Pay $8.5M To Settle FTC's Deception Claims
Caregiver job website Care.com has agreed to shell out $8.5 million in refunds to put to rest allegations it misled caregivers about wages and job availability and also made it difficult for families to cancel paid memberships, the U.S. Federal Trade Commission announced Monday.
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August 26, 2024
BNY To Pay $5M CFTC Fine Over Swap Reporting Issues
The Commodity Futures Trading Commission and the Bank of New York Mellon reached a $5 million deal on Monday to resolve claims that the bank repeatedly failed to correctly report millions of swap transactions to a registered swap data repository and failed to properly supervise its swap dealer business.
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August 26, 2024
Health System Sues JPMorgan Over Funds Lost In Scam
Massachusetts-based healthcare system Baystate Health Inc. sued JPMorgan Chase & Co. on Monday over $420,000 it lost as a result of an email scam it said the bank should have prevented.
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August 26, 2024
NJ Marine Fuel Co. Sues Rival Formed By Ex-Employees
A New Jersey marine fuel buyer has accused two brothers who worked for the company of misappropriating trade secrets and illegally accessing confidential information when they resigned to form a new venture in the same market, according to a lawsuit filed in New Jersey federal court.
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August 26, 2024
Ex-FCC Republican Urges 6th Circ. To Tank Net Neutrality
A former Republican on the Federal Communications Commission who helped overturn net neutrality rules when the agency leadership was in GOP hands has pressed the Sixth Circuit to snuff out the Democratic FCC's effort to revive the policy.
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August 26, 2024
Papa John's Workers In BIPA Class Can 'Fly Solo,' Judge Says
An Illinois federal judge trimmed a lawsuit Friday filed by two former Papa John's workers who claim the chain violated the state's biometric privacy law, but refused to dismiss it as duplicative of a putative class action raising similar claims, saying the plaintiffs have every right to "grab the litigation wheel."
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August 26, 2024
CLE Co. Accused Of Sharing Subscriber Data With Facebook
A proposed class of legal professionals has hit Lawline with a putative class action in New York federal court, accusing the continuing legal education company of violating the Video Privacy Protection Act by sharing subscribers' information, including services and video viewing history, with third parties such as Facebook for targeted advertising purposes.
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August 26, 2024
DC Judge Says Missouri AG Can't Investigate Media Matters
A D.C. federal judge has again blocked a Republican attorney general from demanding a slew of records from liberal media watchdog Media Matters, this time halting a probe from Missouri Attorney General Andrew Bailey.
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August 26, 2024
Cadwalader Fears Unsealing Financial Info May Harm Firm
Cadwalader Wickersham & Taft LLP has argued in North Carolina Business Court that unsealing financial details related to a November 2022 data breach and its insurance policy with a Lloyd's of London syndicate would put the firm at further risk from competitors and bad actors.
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August 26, 2024
Telegram CEO Arrested In French Probe Of Messaging App
The founder and CEO of messaging platform Telegram has been arrested in Paris as part of an investigation into allegations the company is complicit in illegal transactions, child pornography and organized fraud, French prosecutors said Monday.
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August 26, 2024
Gov't Contracting Policies To Watch In The 2nd Half Of 2024
An overhaul to the U.S. Department of Defense's cybersecurity requirements and a pending rule requiring many contractors to report their greenhouse gas emissions headline a slate of significant policy initiatives for government contractors to watch for during the second half of this year. Here, Law360 previews four upcoming policy changes with significant potential impacts on government contractors.
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August 23, 2024
Fla. IT Worker Pleads Guilty To Working As Chinese Agent
An information technology worker pled guilty to working as an agent for the Chinese government in Florida federal court Friday, telling prosecutors that he'd worked as a "cooperative contact" for the Chinese since 2012, even tracking Chinese dissidents within the U.S.
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August 23, 2024
Allstate Can't Get Injunction To Stop 'Smear Campaign'
A Colorado federal judge said she could not issue an injunction to force a former insurance agent whom Allstate alleges is conducting a "smear campaign" against it to immediately remove web content accusing the insurer of selling its customers' personal information to child rapists and sex traffickers.
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August 23, 2024
Google Pushes To Depose A Texas Official In Biometric Suit
Google is crying foul in a state court of appeals over Texas' refusal to let it take a deposition of either a representative or an employee of the Texas Office of the Attorney General, saying in a petition that it was forced to defend itself without full discovery.
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August 23, 2024
FTC Notches Win In Amazon Prime Document Battle
A Washington federal judge said Thursday that Amazon can't force the Federal Trade Commission to hand over internal documents in a case alleging customers were duped into signing up for Prime services, saying the materials were not relevant to the company's defenses.
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August 23, 2024
Wire Verification Not Vital In Fla. Fraud Suit, Wells Fargo Says
Wells Fargo urged a Florida federal court Friday to toss a lawsuit alleging the bank allowed a hacker to steal a real estate transaction's proceeds, saying there's no obligation to match a wire beneficiary to their account, and it didn't know the transfer was fraudulent because the process is automated.
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August 23, 2024
Federal Gov't Hits Georgia Tech With Cybersecurity FCA Suit
The federal government has hit the Georgia Institute of Technology with a False Claims Act suit accusing the university of knowingly failing to comply with required cybersecurity standards while working on federal defense contracts.
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August 23, 2024
Everest Re Unit Escapes Data Breach Class Action
A New Jersey federal judge has tossed a proposed class action claiming that an Everest Re unit failed to protect customers' personal information during a data breach, ruling that the suit fails to show that the company had a duty to protect their information.
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August 23, 2024
Court Again Dumps Pa. County's Dominion Contract Suit
A Pennsylvania federal court threw out a county's lawsuit against Dominion Voting Systems for a second time, ruling that an amended complaint failed to fix the issue of standing that sank the suit the first time.
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August 23, 2024
LegalShield Used AI To Record Clients, Suit Says
Online legal service company LegalShield has been letting a call center software company use artificial intelligence to intercept, analyze and record its customer calls and chats, according to a lawsuit recently pulled into California federal court.
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August 23, 2024
Client Says Negligence Led To NJ Firm's Ransomware Attack
A client of The Wacks Law Group LLC hit the New Jersey firm with a proposed class action claiming that its negligence in properly securing its data storage led to the theft of hundreds of clients' personal information in a March cyberattack.
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August 22, 2024
9th Circ. Revives Suit Over App-Maker's Anti-Bullying Pledge
The Ninth Circuit on Thursday revived a lawsuit against anonymous messaging app-maker Yolo Technologies over claims it didn't enforce its commitment to reveal and ban users who harass and bully others, finding Yolo repeatedly promised to do so, but never did, "and may have never intended to."
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August 22, 2024
Popular Mich. Sushi Bar Sues Hacker Who Deleted Instagram
A popular Michigan sushi restaurant is hoping a federal lawsuit will help it track down and hold accountable the person who hacked into and deleted its Instagram account, the loss of which the company said cost it thousands of dollars and harmed its reputation.
Expert Analysis
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Addressing The Growing Hazards Of Mass Arbitration
Though retail companies typically include arbitration provisions in their terms of service, the recent trend of costly mass arbitrations filed by plaintiffs may cause businesses to rethink this conventional wisdom, say attorneys at BCLP.
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Series
Teaching Scuba Diving Makes Me A Better Lawyer
As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.
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SolarWinds Ruling Offers Cyber Incident Response Takeaways
The New York federal court's dismissal of all charges related to the 2019 Sunburst cyberattack is a devastating blow to the U.S. Securities and Exchange Commission's cybersecurity case against SolarWinds, but the well-reasoned opinion provides valuable lessons that may improve companies' defensive posture in the wake of a major cybersecurity incident, say attorneys at Troutman Pepper.
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The Road Ahead For Regulation Of Digital Twins In Healthcare
Digital replicas of cells, organs and people — known as digital twins — can facilitate clinical trials for new drugs by reducing the number of patients required, but data limitations can create logistical hurdles and regulatory efforts addressing digital twins are still in early stages, say consultants at Keystone Strategy.
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Lawyers Can Take Action To Honor The Voting Rights Act
As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.
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Decoding CFPB Priorities Amid Ramp-Up In Nonbank Actions
Based on recent Consumer Financial Protection Bureau enforcement actions and press releases about its supervisory activities, the agency appears poised to continue increasing its scrutiny over nonbank entities — particularly with respect to emerging financial products and services — into next year, say attorneys at Wiley.
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Pros And Cons Of 2025 NDAA's Space Contracting Proposal
The introduction of a Commercial Augmentation Space Reserve fleet in the pending 2025 National Defense Authorization Act presents a significant opportunity for space and satellite companies — despite outstanding questions, and potential risks, for operators, say attorneys at Wiley.
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AI Reforms Prompt Fintech Compliance Considerations
With the EU Artificial Intelligence Act's Aug. 1 enforcement, and the U.K.'s new plans to introduce AI reforms, fintech companies should consider how to best focus limited resources as they balance innovation and compliance, says Nicola Kerr-Shaw at Skadden.
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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Opinion
Data Breach Reporting Requirements Must Change In AI Age
Outdated data breach reporting laws are inadequate to protect consumers in the age of artificial intelligence, as AI’s ability to determine relationships coupled with its improvements to deepfake technology mean that the very definitions used in breach reporting laws are no longer sufficient, says Collin Walke at Hall Estill.
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.
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Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.
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Recent Settlement Shows 'China Initiative' Has Life After Death
Though the U.S. Department of Justice shuttered its controversial China Initiative two years ago, its recent False Claims Act settlement with the Cleveland Clinic Foundation demonstrates that prosecutors are more than willing to civilly pursue research institutions whose employees were previously targeted, say attorneys at Benesch.
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What To Know As Children's Privacy Law Rapidly Evolves
If your business hasn't been paying attention to growing state and federal efforts to protect children online, now is the time to start — there is no sign of this regulation slowing down, and more aggressive enforcement actions are to be expected in the coming year, says Susan Rohol at Willkie Farr.
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Dissecting Treasury's Call For Input On AI In Financial Sector
The U.S. Department of the Treasury's request for comments on the potential benefits and challenges AI may pose to the financial services sector, which asks how stakeholders are addressing and mitigating increased fraud risks, reflects the federal government's continued interest in AI's effects across the economy, say attorneys at Hogan Lovells.