Cybersecurity & Privacy

May 14, 2024
Chamber Cautions FCC Against Making Anti-Arbitration Rules

Business leaders told the Federal Communications Commission that it cannot bar wireless providers from requiring arbitration clauses with customers to resolve disputes arising from cellphone SIM card and port-out fraud.
May 14, 2024
NIST Finalizes Revised Security Guidelines For Sensitive Info

The National Institute of Standards and Technology on Tuesday released a final version of revised guidelines for contractors and other entities who handle sensitive unclassified federal information, intended to clarify and streamline those requirements.
May 14, 2024
Casino App User Can't Hide Arbitration Details, Chancery Says

A mobile app slot-machine player who lost an arbitration dispute with the game's operator may not keep the details of the arbitration award confidential in Delaware court filings, a Chancery Court vice chancellor said Tuesday, denying a request for ongoing confidential treatment.
May 13, 2024
11th Circ. Says Class Attys Self-Dealt In $35M TCPA Settlement

The Eleventh Circuit on Monday dismissed a proposed $35 million settlement of a class action alleging GoDaddy.com violated the Telephone Consumer Protection Act by sending unwanted marketing texts, saying the deal may have come by through nefarious means.
May 13, 2024
Vt. On Brink Of Enacting Privacy Bill With Lawsuit Mechanism

The Vermont legislature has sent to the governor's desk a comprehensive data privacy bill that would not only require companies to scale back their data collection efforts and ramp up safeguards for children, but also give consumers the rare opportunity to sue large businesses that violate the law in certain circumstances.
May 13, 2024
Student Loan Servicer Faces Suit Over Tax Form Data Breach

An education-focused subsidiary of payment processor Global Payments Inc. faces a proposed class action accusing it of negligence after it disclosed that part of its website allowed bad actors unfettered access to certain student tax documents for months at a time.
May 13, 2024
SEC, FinCEN Propose Money Manager Customer ID Rule

The U.S. Securities and Exchange Commission and the Treasury Department's Financial Crimes Enforcement Network on Monday proposed a rule that would require money managers such as hedge funds and private equity firms to document and maintain customer identification programs.
May 13, 2024
FTC Can't Modify $5B Meta Privacy Deal, DC Circ. Told

Meta Platforms Inc. told the D.C. Circuit on Monday that the Federal Trade Commission lacks the ability to unilaterally modify a $5 billion privacy settlement, contending that the courts are the ones responsible for enforcing the agreement.
May 13, 2024
Wash. Hospital Scores Exit In Facebook Privacy Suit, For Now

A Washington federal judge has tossed a proposed class action accusing a Seattle-area hospital of sharing patients' confidential health information by using Facebook browser tracking tools, ruling on Monday the plaintiff has failed to show that her own private information was input into the website and shared with a third party.
May 13, 2024
50 Cent, GC Accused Of Federal Wiretap Violations

A liquor business consultant has told a New York state court that Curtis "50 Cent" Jackson and the rapper's general counsel violated federal and New Jersey wiretap statutes, after the court dismissed an earlier counterclaim lodged under the Illinois Eavesdropping Act.
May 13, 2024
FCC Looks To Declaw 'Royal Tiger' Global Robocall Network

The Federal Communications Commission says that a gateway provider known for helping funnel illegal robocalls into the United States is once again back to its old tricks and operating under yet another name, this time Royal Tiger.
May 13, 2024
Fed. Circ. Uses Rule 36 To Nix Centripetal Patent Appeals

A Federal Circuit panel decided Monday to quickly give a stamp of approval to a pair of administrative board rulings killing off two patents that were once at issue in a lawsuit involving cybersecurity software.
May 13, 2024
Corp. Transparency Act An Overbroad Dragnet, 11th Circ. Told

Congress exceeded its authority in passing the Corporate Transparency Act, which prompted the U.S. Treasury Department to solicit personal information for law enforcement purposes from those that registered and owned state-registered entities, a small-business group told the Eleventh Circuit on Monday.
May 13, 2024
House Bill Seeks More Commerce Dept. Control Of AI Exports

Technology companies may soon be required to implement security checks before collaborating with Chinese artificial intelligence labs with military ties, under a bipartisan bill introduced last week in the U.S. House of Representatives.
May 13, 2024
Zuckerberg Challenges Basis Of Personal Claims In Meta MDL

Facebook founder Mark Zuckerberg is asking a California federal court to throw out claims against him in multidistrict litigation over social media platforms' allegedly addictive design, saying the personal injury plaintiffs haven't shown he took affirmative actions that would make him personally liable.
May 13, 2024
EU Designates Booking.com As Gatekeeper, X Ads Escape

The Dutch company that owns popular travel site Booking.com is the latest company to be hit with the gatekeeper designation by the European Commission, and the social media platform X may be next.
May 13, 2024
2nd Circ. Won't Revive UBS Suit Over Disclosed Account Info

The Second Circuit declined Monday to revive a couple's suit accusing UBS of fraudulently flagging an account to the Internal Revenue Service, finding that any alleged harm resulting from an audit would have been caused by the agency itself.
May 13, 2024
FCC Defends 'Lead Generator' Robocall Rule To GOP Sens.

The head of the Federal Communications Commission is defending the agency's new "single seller" rule meant to limit robocalls and texts from comparison shopping sites, telling lawmakers that it will protect consumers from unwanted marketing.
May 13, 2024
USPTO Fights Class Cert. Bid In Suit Over Patent Program

The U.S. Patent and Trademark Office has said a proposed group of inventors should not receive class certification in a suit alleging that the office's now-defunct program for flagging "sensitive" patent applications for extra review violated the Privacy Act.
May 13, 2024
Justices Reject COVID App Makers' Last-Ditch Apple Appeal

The U.S. Supreme Court dealt the latest blow Monday to app developers who've struck out at every turn on antitrust allegations over Apple's rejection of COVID-19-tracking and bitcoin apps, refusing to look at a Ninth Circuit's refusal to revive the lawsuit.
May 10, 2024
Bakery To Face Ex-Worker's Finger Scan Suit In State Court

An Illinois judge has remanded most of a suit accusing Gold Standard Baking Inc. of unlawfully collecting biometric data for timekeeping purposes, finding that claims related to fingerprint scans collected while she was a temporary worker could stand while captures made after she became a company employee were preempted by federal labor-contract law.
May 10, 2024
Dropbox Hit With Proposed Class Action Over Data Breach

A Dropbox Inc. user has claimed that the file-hosting service failed to properly safeguard users' personal data, which was exposed in a breach last month, according to a proposed class action filed in California federal court.
May 10, 2024
Congress Wants Microsoft Prez To Testify On Security Failures

A congressional committee has asked Microsoft President Brad Smith to testify at a public hearing about the company's cybersecurity measures and response to recent successful attacks against government officials by Russian and Chinese hackers, according to a letter posted Friday on social media platform X.
May 10, 2024
Zeekr's US Debut Could Spur More IPOs From China

Electric-vehicle maker Zeekr's robust initial public offering sent an encouraging signal to Chinese companies considering whether to tap U.S. markets after a long lull, despite continued risks stemming from fractured U.S.-China relations, experts said Friday.
May 10, 2024
Sens. Lament Broadband Subsidy's Absence From FAA Bill

Senators from both parties are upset that the Federal Aviation Authorization bill, which the Senate passed 88-4 on Thursday night, did not include provisions to bolster the pandemic-era broadband assistance program.

Expert Analysis

Federal Courts And AI Standing Orders: Safety Or Overkill?

Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.
Series

NY Banking Brief: All The Notable Legal Updates In Q4

New York's banking and financial sector saw a number of notable regulatory and legislative changes in the final quarter of 2023, including guidance on climate risks and heightened cybersecurity protocols issued by the New York State Department of Financial Services, as well as final revisions to virtual currency listings in the state, say attorneys at WilmerHale.
How Data Brokers Can Prep For Calif. Delete Act Compliance

As California Delete Act obligations approach in late January, data brokers should proactively assess and scrutinize their compliance with the act, taking proactive measures to mitigate potential risks associated with noncompliance, say Goli Mahdavi and Gabrielle Harwell at BCLP.
How 4 State AGs Are Shaping Data Privacy Compliance

As the landscape of state data privacy laws continues to grow across the nation, understanding how state attorneys general — such as in California, Colorado, Connecticut and Virginia — are thinking about these laws is critical to begin forecasting how enforcement will play out, say Michelle Kallen and Daniel Echeverri at Jenner & Block.
7 E-Discovery Predictions For 2024 And Beyond

The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.
DOD's Proposed Cyber Rule: What Contractors Must Know

A review of the U.S. Department of Defense's recently published Cybersecurity Maturity Model Certification proposed rule, requiring independent third-party cybersecurity assessments for many defense contractors, suggests that there will be a competitive advantage to prompt demonstration of full compliance with the rule, says Robert Metzger at Rogers Joseph.
Top Considerations For Retailers Using AI To Combat Theft

The Federal Trade Commission's recent enforcement action against Rite Aid indicates a significant evolution in the landscape surrounding biometric information and artificial intelligence data collection by retailers, meaning retailers should take reasonable measures to prevent harm to customers, say attorneys at Dentons.
Major EU AI Banking Ruling Will Reverberate Across Sectors

Following the European Court of Justice's recent OQ v. Land Hessen decision that banks' use of AI-driven credit scores to make consumer decisions did not comply with the General Data Protection Regulation, regulators indicated that the ruling would apply broadly, leaving numerous industries that employ AI-powered decisions open to scrutiny, say lawyers at Alston & Bird.
Trends That Tech Lawyers Should Keep An Eye On In 2024

Worldwide technology spending is projected to strengthen in 2024, spurred by artificial intelligence-driven solutions, and five areas of growth may affect lawyers' practice in this sector, says Sonia Baldia at Kilpatrick.
CFPB As Pay App Watchdog May Invite More Fintech Regs

While the Consumer Financial Protection Bureau's recent proposal to enhance federal oversight of the biggest consumer payment applications would impose no new regulatory obligations, the rulemaking could provoke heightened scrutiny for all participants in the digital payments market, say attorneys at Steptoe.
Emerging Risks Affecting The Tech Legal Landscape

The tech industry has become a battleground for various legal challenges shaped by geopolitical events, partisan politics, regulatory initiatives, patent disputes and class action trends, but companies can adopt several proactive legal strategies to safeguard their interests, say Natasha Allen and Louis Lehot at Foley & Lardner.
5 Litigation Funding Trends To Note In 2024

Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.
5 Securities Litigation Issues To Watch In 2024

There is yet another exciting year ahead for securities litigation, starting with the U.S. Supreme Court hearing argument next week in a case presenting a key securities class action question that has eluded review for the last eight years, say attorneys at Willkie.
Unpacking NIST's Guidance On Genomic Data Cybersecurity

The National Institute of Standards and Technology's final internal report on cybersecurity of genomic data highlights unique concerns associated with the use of such data and provides strong recommendations for risk management, though one area of the report may cause some confusion, say attorneys at Ropes & Gray.
A Look At Consumer Reporting In 2023, And What's To Come

The legal landscape of consumer reporting is evolving as courts, federal regulators and state legislatures continue to weigh in — and while last year may have seen a slight downtick in the overall volume of Fair Credit Reporting Act litigation, 2024 is set to be a watershed year for this area of the law, say attorneys at Troutman Pepper.