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Cybersecurity & Privacy
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July 02, 2024
Ga. Parking Co. Stole Data To Send Fake Tickets, Fla Suit Says
A Florida resident has brought a proposed federal class action against a Georgia parking company for alleged privacy violations, saying his data was illegally obtained and used to send fake citations in a scheme to collect money under the threat that vehicles could be confiscated or credit ruined.
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July 02, 2024
Samsung Doesn't Owe $4M In Arbitration Fees, 7th Circ. Says
The Seventh Circuit has ruled that Samsung need not pay $4 million in individual arbitration fees for 35,000 consumers claiming the electronics giant illegally collected their biometric data, saying Monday that under their purchase agreement terms the consumers could have advanced the fees if they wanted their claims arbitrated.
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July 02, 2024
Amazon's PillPack Settles TCPA Class Suit
Amazon.com affiliate PillPack LLC has settled a class action alleging it was responsible for illegal telemarketing calls made to consumers without their consent, the parties said Tuesday in a notice filed in Washington federal court.
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July 02, 2024
Congress Urges DOJ To Probe TikTok Kids' Privacy Concerns
A bipartisan group of lawmakers urged the U.S. Department of Justice on Tuesday to quickly review the Federal Trade Commission's complaint referral against TikTok and its parent company ByteDance Ltd. for possibly violating a children's privacy law.
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July 02, 2024
Thomas Warns Of 'Danger In Delay' In Snapchat Abuse Case
The U.S. Supreme Court declined on Tuesday to review whether Section 230 of the Communications Decency Act immunizes platforms from lawsuits based on their own misconduct, rejecting a petition from a man who alleges that his high school teacher used Snapchat to send him sexually explicit material when he was 15.
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July 02, 2024
Justices Will Hear Texas' Porn Site Age Check Law
The U.S. Supreme Court will hear a case challenging a Texas law that requires people accessing websites containing explicit material to provide age verification before they can see the content, the nation's high court said Tuesday.
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July 01, 2024
What To Know: The High Court's Ruling On Social Media Regs
Rather than settling a circuit split over state laws curbing content moderation on the largest social media platforms, the U.S. Supreme Court on Monday remanded the cases — a decision many attorneys and First Amendment experts are viewing as a win for free speech online.
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July 01, 2024
TurboTax User Alleges Intuit Failed To Prevent Data Breaches
A former TurboTax customer hit Intuit Inc. with a proposed privacy class action in California federal court on Monday, accusing the maker of TurboTax and Credit Karma software of not doing enough to prevent an alleged data breach earlier this year that allegedly exposed thousands of users' personal identifying information.
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July 01, 2024
Crumbl Aims To Burn Privacy Suit Over Info-Tracking Cookies
Crumbl LLC has urged a California federal judge to dismiss a proposed class action alleging the cookie maker helped payments processor Stripe Inc. illegally track customer activity and collect sensitive information via website cookies, saying the plaintiff's "poorly drafted" complaint fails to allege an underlying privacy violation.
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July 01, 2024
TCPA Needs Update To Fight Scam Texts, FCC Chair Says
If Congress wants the Federal Communications Commission to do more about scam texts, it should consider updating the Telephone Consumer Protection Act for the first time in more than 30 years to account for the changing times, the head of the agency has told members of the House.
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July 01, 2024
Feds Push To Keep IRS Agents Out Of Hunter Biden Tax Case
Two Internal Revenue Service whistleblowers who Hunter Biden said wrongfully disclosed his confidential tax information should not be allowed to intervene in his suit against the U.S. government, the government told a D.C. federal court Monday.
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July 01, 2024
Atty Warned Not To 'Gamble' In Bid To DQ Quinn Emanuel
A California federal judge considering Bright Data's bid to disqualify Quinn Emanuel Urquhart & Sullivan LLP from representing X Corp. in the social media company's data scraping lawsuit suggested Monday that Bright Data's Proskauer Rose LLP counsel is "gambling" by withholding a document from the judge.
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July 01, 2024
FCC Chief Floats Rules To Secure Emergency Alerts
The Federal Communications Commission will consider new rules to beef up security of the nation's emergency alerts for broadcasts and mobile devices, which the agency says face increasing vulnerability.
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July 01, 2024
GAO Says CMS Treated Bids On $34M Security Deal Differently
The U.S. Government Accountability Office has sustained a protest over a $34 million Centers for Medicare and Medicaid Services task order for information technology security services, saying CMS treated the credentials of key employees differently for the protester and the awardee.
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July 01, 2024
IPO Rebound Leads Capital Markets Recovery At Midyear
Capital markets activity moderately accelerated in the year's first six months, buoyed by the highest level of initial public offerings in three years, signaling a busy second half for deal-makers at least until the November presidential election.
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July 01, 2024
Pegasystems Investors Sue After $2B Trade Secrets Verdict
A pair of Pegasystems Inc. stockholders are seeking to hold its CEO and other officers liable for lost value following a $2 billion judgment against the company in a trade secrets case, according to a shareholder derivative complaint filed in Massachusetts state court.
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July 01, 2024
Judge Chips Away At BofA COVID Card Fraud Claims
Bank of America can't escape a proposed class action over its allegedly insufficient security measures affecting prepaid debit cards for unemployment benefits amid the COVID-19 pandemic, though a New Jersey federal judge has, for now, tossed some of the suit's allegations.
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July 01, 2024
Ga. E-Commerce Law Blocked By Federal Statute, Judge Says
A Georgia federal judge on Sunday blocked new state-level regulations on e-commerce platforms from being enforced just a day before they were set to take effect, ruling that the Peach State's planned oversight conflicts with counterparts in federal law.
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July 01, 2024
Meta 'Pay Or Consent' Model Breaches Digital Rules, EU Says
Meta's "pay or consent" advertising model for Facebook and Instagram users does not comply with the European Union's Digital Markets Act, the bloc's antitrust watchdog said in preliminary findings on Monday.
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July 01, 2024
Social Media Laws Need More Analysis, Justices Say
The U.S. Supreme Court on Monday returned to the lower courts challenges to Florida and Texas laws prohibiting social media platforms from removing content or users based on viewpoint, saying that the Fifth and Eleventh circuits did not conduct the proper analysis on the facial First Amendment challenges to the laws.
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July 01, 2024
Paul Hastings Adds Cyber Ace In Dallas From Akin Gump
Paul Hastings LLP announced Monday that it has strengthened its global data privacy and cybersecurity practice with a partner in Dallas who previously served as co-head of Akin Gump Strauss Hauer & Feld LLP, where she practiced for more than two decades.
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June 28, 2024
Chevron's End Is Just The Start For Energized Agency Foes
By knocking down a powerful precedent that has towered over administrative law for 40 years, the U.S. Supreme Court's right wing Friday gave a crowning achievement to anti-agency attorneys. But for those attorneys, the achievement is merely a means to an end, and experts expect a litigation blitzkrieg to materialize quickly in the aftermath.
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June 28, 2024
Quinn Slammed By Columbia For Its 'Continuing Audacity'
Columbia University shot back Friday against arguments from Quinn Emanuel Urquhart & Sullivan LLP that Federal Circuit judges should disregard arguments made by the firm's former client, who says the firm lied to a federal court in Virginia to avoid damaging testimony in a $600 million patent case.
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June 28, 2024
Citi Wants Termination Suit Over Alleged Lies To OCC Tossed
Citibank has urged a New York federal judge to toss a suit by a former managing director of the bank who claims she was fired for not reporting false information to compliance authorities, arguing that even if her claims are true, she hasn't plausibly alleged a cause of action under the Sarbanes-Oxley Act.
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June 28, 2024
In Chevron Case, Justices Trade One Unknown For Another
The U.S. Supreme Court's decision to overrule a decades-old judicial deference doctrine may cause the "eternal fog of uncertainty" surrounding federal agency actions to dissipate and level the playing field in challenges of government policies, but lawyers warn it raises new questions over what rules courts must follow and how judges will implement them.
Expert Analysis
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SG's Office Is Case Study To Help Close Legal Gender Gap
As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.
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Despite Risks, AI Is A Worthy Tool For Healthcare Industry
Artificial intelligence appears to provide a productive path forward for the healthcare industry, improving economic and human health outcomes, though companies must continue to address certain technology and compliance pain points, says Sarah Abrams at Bowhead Specialty Underwriters.
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Bitcoin ETF Approval Doesn't Mean SEC Approves Of Crypto
While the U.S. Securities and Exchange Commission's approval last month of 11 applications for spot exchange-traded funds tracking bitcoin is a landmark moment for the crypto-asset industry, investors who are hopeful that the SEC will approve similar crypto-based ETFs may be disappointed, says attorneys at Mintz.
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Key Considerations For Evaluating An AI Vendor
As artificial intelligence technology advances across industries, businesses can mitigate risks, while maximizing the value of their investment, by evaluating technology, expertise, support services, transparency and more when selecting an AI vendor, say Rahul Kapoor and Shokoh Yaghoubi at Morgan Lewis.
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SAG-AFTRA Contract Is A Landmark For AI And IP Interplay
SAG-AFTRA's recently ratified contract with the Alliance of Motion Picture and Television Producers introduced a framework to safeguard performers' intellectual property rights and set the stage for future discussions on how those rights interact with artificial intelligence — which should put entertainment businesses on alert for compliance, says Evynne Grover at QBE.
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FTC AI Inquiry Signals Intensified Focus On Emerging Tech
The Federal Trade Commission's recent inquiry into investments and partnerships between Big Tech companies and artificial intelligence startups appears to be directed at guiding future enforcement decisions in competition, privacy and consumer protection — and three principles discussed at a related tech summit give insight on the agency's approach, say attorneys at Skadden.
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Reimagining Law Firm Culture To Break The Cycle Of Burnout
While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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Amazon's €32M Data Protection Fine Acts As Employer Caveat
The recent decision by French data privacy regulator CNIL to fine Amazon for excessive surveillance of its workers opens up a raft of potential employment law, data protection and breach of contract issues, and offers a clear warning that companies need coherent justification for monitoring employees, say Robert Smedley and William Richmond-Coggan at Freeths.
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Series
Competing In Dressage Makes Me A Better Lawyer
My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.
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Potential Defendant Strategies Amid Calif. Privacy Questions
Although the current case law surrounding the California Consumer Privacy Act is in its infancy, courts have begun addressing important issues related to the notice-and-cure provisions of the statute, and these decisions show defendant-businesses would be wise to assert their notice rights early and repeatedly, say Viola Trebicka and Dan Humphrey at Quinn Emanuel.
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Legal Issues Loom For Driverless Trucking
Companies' recent experiments with driverless trucking technology herald a transformation of the logistics sector — but stakeholders must reckon with increasing regulatory scrutiny, emerging liability issues, and concerns around ethical guidelines, insurance and standardization, say Zal Phiroz at Pier Consulting Group and Nicolas Bezada at Unishippers.
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The Double-Edged Sword Of Biometrics In Financial Services
Financial institutions are increasingly turning to biometrics for identity verification and fraud prevention, and while there are many benefits to such features, banks must remain vigilant against growing AI technologies that could make users' information vulnerable to biometrics hackers, say Elizabeth Roper at Baker McKenzie and Chris Allgrove at Ingenium Biometric Laboratories.
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How 2 CFPB Advisory Opinions Affect Reporting Agencies
The Consumer Financial Protection Bureau issued two advisory opinions last month that demonstrate a continued commitment to address inaccuracies in background check reports and consumer file disclosures through broad interpretation of the Fair Credit Reporting Act, expanding on a coordinated federal agency effort, say attorneys at Cooley.
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A Close Look At The FCC's Revised SIM Card Fraud Rules
Carolyn Mahoney and John Seiver at Davis Wright break down recently proposed revisions to the Federal Communications Commission's customer proprietary network information and local number portability rules for wireless providers, discuss the revisions' implications on artificial intelligence regulation, and provide tips to prevent SIM swap and port-out fraud.
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What Retailers Should Note In Calif. Web Tracking Suits
As retailers face a deluge of class actions alleging the use of conventional web analytic tools violate wiretapping and eavesdropping provisions of the California Invasion of Privacy Act, uncovering the path toward a narrow interpretation of the law will largely depend on how these cases proceed, say Matthew Pearson and Kareem Salem at BakerHostetler.