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Cybersecurity & Privacy
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October 03, 2024
Illinois Golf Course Co. Hit With Additional Data Breach Suits
An Illinois-based golf course and hospitality management business faces mounting legal troubles over a data breach earlier this year, with two additional federal lawsuits filed this week.
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October 03, 2024
White House Directs Agencies On Responsible AI Acquisition
The White House has issued guidance to agencies on responsible purchases of artificial intelligence, addressing issues such as mitigating associated privacy and performance risks, ensuring the market for AI remains competitive, and enabling related collaboration across the government.
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October 02, 2024
Calif. AI Election Law Blocked As 'Blunt Tool' Stifling Speech
A California federal judge Wednesday blocked a recently enacted state law cracking down on election-related deepfakes, acknowledging the risks posed by artificial intelligence, but agreeing with a conservative content creator that the law is an overly broad "blunt tool that hinders humorous expression and unconstitutionally stifles" the free exchange of ideas.
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October 02, 2024
Epic's Samsung, Google Cases Over Play Store Linked
The judge mulling what changes Google will have to make after a jury found its Play Store policies violate antitrust law will also oversee a new case filed by Epic Games accusing Samsung of helping Google preemptively undermine any fix imposed by the court.
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October 02, 2024
Colo. Judge Sees No Injuries In Health Data Breach Class Suit
A Colorado federal judge has dismissed a proposed class action alleging a software company waited nearly three months to tell data breach victims about hackers accessing personal and medical information for more than 250,000 people, concluding the plaintiffs' allegations weren't enough to give them standing.
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October 02, 2024
Top 3 Groups Lobbying The FCC
The Federal Communications Commission heard from advocates more than 100 times in September on the FCC's effort to clamp down on scam robocalls, rules to spur broadband deployment, revamping the 4.9 gigahertz airwaves, satellite spectrum and more.
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October 02, 2024
NY Man Posed As Exec To Steal $810K Tax Refund, Feds Say
A New York man has been charged with intercepting an unnamed Connecticut investment firm's $810,337 tax refund and then impersonating an executive of the company to steal most of it.
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October 02, 2024
TikTok Can't End Browser Privacy MDL
An Illinois federal judge on Tuesday held TikTok and parent company ByteDance to multidistrict litigation in which users claim the video platform's in-app browser illegally tracks activity on third-party sites, and gave the plaintiffs a chance to replead one claim under California law.
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October 02, 2024
Wells Fargo Says Atty Can't Blame It For Getting Scammed
Wells Fargo has asked a Colorado state judge to dismiss claims brought by an attorney and conservative political figure alleging the bank failed to cancel his wire transfer from a client's account to what ended up being a scammer's Hong Kong account.
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October 02, 2024
Georgia Moves To Block, Appeal Ruling Against Abortion Ban
The Georgia attorney general's office, as promised earlier this week, moved swiftly Tuesday to halt and appeal a Fulton County judge's decision that struck down for the second time the state's so-called heartbeat abortion ban, which prohibits most abortions after six weeks.
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October 02, 2024
ExecuPharm Agrees To Pay Ransomware Victims $10K Each
U.S. pharmaceutical giant ExecuPharm will pay victims of a data breach up to $10,000 in reimbursements, compensation for lost time, three years of credit monitoring, and $675,000 in attorney fees after a Pennsylvania federal judge gave his final approval to a class action settlement.
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October 02, 2024
Abortion Clinic To Get Early Discovery In Patient Spying Case
A Massachusetts federal judge said Wednesday that an abortion clinic should get expedited discovery into its claims that a neighboring "pregnancy resource center" illegally infiltrated its patient communications in an attempt to derail appointments.
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October 01, 2024
Meta Must Face Bulk Of Social Media Harms Securities Suit
A California federal judge on Monday trimmed but refused to throw out a proposed securities class action claiming Meta Platforms Inc. and its executives misled investors about the harmful effects of social media, finding that the investors pointed to plausibly misleading statements regarding mental health and keeping children safe.
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October 01, 2024
Jefferson Health Can't Ditch Suit Over Meta Data Sharing
A Pennsylvania federal judge has refused to toss a proposed class action accusing Jefferson Health of unlawfully sharing patients' confidential health information with Meta Platforms Inc., finding that the plaintiffs had cured prior deficiencies to adequately support their wiretap and privacy claims.
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October 01, 2024
From AI To Enviro: The Top Biz Bills Calif. Gov. Inked Into Law
California Gov. Gavin Newsom signed hundreds of bills into law ahead of an Oct. 1 deadline, meaning major changes are on the horizon for employers, tech companies, healthcare providers and others doing business in the Golden State.
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October 01, 2024
Data Brokers Decry 'Ill-Tailored' NJ Judicial Privacy Law
Data brokers such as Equifax, Thomson Reuters and Zillow urged a New Jersey federal judge Tuesday to toss a suit accusing them of violating Daniel's Law, arguing the state's judicial privacy measure is unconstitutionally broad and unevenly applied.
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October 01, 2024
Gap Escapes Privacy Suit Over Email Tracking, For Now
A California federal judge on Monday tossed a proposed class action alleging that the Gap Inc. invaded consumers' privacy by using tracking technology in its marketing emails without consent, saying the complaint doesn't plausibly allege that the software unlawfully captures content protected by state privacy law.
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October 01, 2024
Israeli Analytics Co. Beats 'Social Engineering' Suit, For Now
A New York federal judge has dismissed a proposed investor class action against Israeli security analytics company Cognyte Software Ltd. over claims that its tools were used to surveil and "social-engineer" journalists and politicians, saying many of the alleged misstatements are inactionable as currently presented.
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October 01, 2024
TikTok Petitions 3rd Circ. To Review Section 230 Ruling
TikTok asked for another crack in the Third Circuit on Tuesday, requesting an en banc rehearing of the appeals court's decision holding that its "For You Page" algorithm doesn't enjoy Section 230 immunity and reviving a suit accusing the app of recommending a "blackout challenge" that led to a 10-year-old's death.
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October 01, 2024
NC Hospital Hit With More Class Claims Over Data Breach
Columbus Regional Healthcare System's legal woes have worsened with more privacy breach claims filed against it by patients whose personal information was exposed by a May 2023 cyberattack on the healthcare provider's network.
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October 01, 2024
Russian Indicted, Sanctioned In 'Evil Corp' Ransomware Case
A Russian national described by the U.S. government as the second-in-command of a cybercrime group called Evil Corp has been indicted and hit with sanctions in response to a ransomware attack inflicted on several U.S. companies.
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October 01, 2024
Delta Wants Suit Over IT Outage Response Thrown Out
Delta Air Lines is asking a Georgia federal judge to toss a proposed class action brought by customers who claim its botched response to a massive IT outage left them stranded and on the hook for numerous expenses, arguing their claims are barred by a federal deregulation law and its ticket terms.
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October 01, 2024
Cyber Insurance Business Promotes Atty To General Counsel
Cyber insurance company Cowbell announced Tuesday that it has promoted to serve as its general counsel an attorney who has served as its vice president of legal for more than two years.
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September 30, 2024
AI Safety Bill Veto Shows Calif. Taking Regulatory 'Baby Steps'
The California governor's rejection of sweeping legislation to ensure the safe deployment of large-scale artificial intelligence models — and his simultaneous embrace of more targeted proposals to regulate the technology — is likely to result in the wider creation of regimes that favor "baby steps" over broad strokes, experts say.
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September 30, 2024
9th Circ. Partly Revives Crypto Investor's Suit Against AT&T
The Ninth Circuit on Monday partially revived a cryptocurrency investor's suit accusing AT&T of failing to protect his information amid a fraudulent SIM swap that cost him $24 million, finding there to be a triable question whether AT&T gave hackers access to his proprietary information through the scheme.
Expert Analysis
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Compliance Considerations For New Data Protection Law
Sam Castic at Hintze Law discusses how to determine if your organization is covered by the newly enacted Protecting Americans' Data from Foreign Adversaries Act, the scope of the law's restrictions, and how to go about compliance as its June 23 effective date approaches.
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What The FTC Report On AG Collabs Means For Cos.
The Federal Trade Commission's April report on working with state attorneys general shows collaboration can increase efficiency and consistency in how statutes are interpreted and enforced, which can minimize the likelihood of requests for inconsistent injunctive relief that can create operational problems for businesses, say attorneys at Kelley Drye.
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Crypto Mixer Laundering Case Provides Evidentiary Road Map
A Washington, D.C., federal court’s recent decision to allow expert testimony on blockchain analysis software in a bitcoin mixer money laundering case — which ultimately ended in conviction — establishes a precedent for the admissibility of similar software-derived evidence, say Peter Hardy and Kelly Lenahan-Pfahlert at Ballard Spahr.
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Series
Being An EMT Makes Me A Better Lawyer
While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.
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The Opportunities, Risks And Rewards Of AI Acquisitions
As artificial intelligence acquisitions become an increasing area of focus for investors and technology buyers, entities should pay special attention to target identification, due diligence and more when structuring and executing a transaction with a company that has an AI-centric business model, say attorneys at Foley & Lardner.
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Legal Issues To Watch As Deepfake Voices Proliferate
With increasingly sophisticated and accessible voice-cloning technology raising social, ethical and legal questions, particularly in the entertainment industry and politics, further legislative intervention and court proceedings seem very likely, say Shruti Chopra and Paul Joseph at Linklaters.
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AI And Trade Controls: A Guide To Expanding Restrictions
With restrictions on trade related to commodities, software and technology integral to high-performing artificial intelligence capabilities expected to expand — particularly between the U.S. and China — companies must carefully consider the export classification of the items they design, produce or procure, say attorneys at Hogan Lovells.
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Car Apps, Abuse Survivor Safety And The FCC: Key Questions
A recent request for comment from the Federal Communications Commission, concerning how to protect the privacy of domestic violence survivors who use connected car services, raises key questions, including whether the FCC has the legal authority to limit access to a vehicle's connected features to survivors only, say attorneys at Davis Wright.
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Opinion
'Natural Person' Or Not, AI-Made IP Deserves Protection
The entire legal edifice rests on a determination that an artificial system is not a so-called natural person, and although this may appear to be straightforward on its face, rapid advances in technology may soon force us to revisit our understanding of a natural person, says Manav Das at McDonnell Boehnen.
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Lessons On Challenging Class Plaintiffs' Expert Testimony
In class actions seeking damages, plaintiffs are increasingly using expert opinions to establish predominance, but several recent rulings from California federal courts shed light on how defendants can respond, say Jennifer Romano and Raija Horstman at Crowell & Moring.
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Exploring An Alternative Model Of Litigation Finance
A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.
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A GC's Guide To Multijurisdictional Regulatory Compliance
Overlapping cybersecurity regulation has created an increasingly fragmented regulatory landscape with elevated oversight for organizations across the globe, but general counsel can help develop a best-in-class approach to manage these complexities by building a compliance strategy holistically, say David Dunn and Meredith Griffanti at FTI Consulting.
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Series
Teaching Yoga Makes Me A Better Lawyer
Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.
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A Vision For Economic Clerkships In The Legal System
As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.
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Examining Illinois Genetic Privacy Law Amid Deluge Of Claims
After a federal court certified an Illinois Genetic Information Privacy Act class action in August, claims under the law have skyrocketed, so employers, insurers and others that collect health and genetic information should ensure compliance with the act to limit litigation risk, say attorneys at Squire Patton.