Cybersecurity & Privacy

  • June 06, 2024

    Navy Denied IT Worker Promotions For Race, 11th Circ. Told

    A Florida-based Navy information technology worker urged the Eleventh Circuit in a hearing Thursday to reverse a lower court's decision to toss his discrimination lawsuit, saying he was passed over for promotion because he was Hispanic and older than other candidates despite being the best qualified.

  • June 06, 2024

    State Farm Escapes Policyholder's Life Insurance GIPA Suit

    An Illinois state court has permanently tossed a State Farm policyholder's privacy claims targeting family medical history questions the insurer asked as part of its life insurance underwriting process, agreeing with its argument that the state's Genetic Information Privacy Act doesn't apply to life insurance.

  • June 06, 2024

    FCC Floats New Rules On ISPs To Protect Internet Security

    The Federal Communications Commission on Thursday proposed to impose new rules on internet service providers to ensure security of the internet's crucial routing technology, the Border Gateway Protocol.

  • June 06, 2024

    Meta Can't Get Section 230 Shield Over Scam Ads At 9th Circ.

    The Ninth Circuit has ruled that Section 230 is "not limitless" and doesn't shield Meta from contract claims in a proposed consumer class action over Chinese vendors' scam ads on Facebook and Instagram, with one judge calling on the Ninth Circuit to rethink precedent that broadly interprets Section 230's scope.

  • June 06, 2024

    ZoomInfo To Pay Nearly $30M To End Privacy Suit

    ZoomInfo has agreed to come up with close to $30 million to resolve potential class claims that it nonconsensually used people's names and identities to advertise paid access to its full database, allowing monetary recovery for just more than a million class members in four states, class counsel told an Illinois federal judge Thursday.

  • June 06, 2024

    'Brussels Effect' Of EU's AI Act Is Uncertain, Legal Pros Say

    BigLaw attorneys advising international clients on the European Union's AI Act tell Law360 there are significant uncertainties over vague terms in the 458-page statute, how its steep eight-figure fines will be enforced, and whether it will set a new standard globally as part of the "Brussels effect."

  • June 06, 2024

    5 Firms Steer Pair Of Cross-Border IPOs Totaling $230M

    Australian-listed location app Life360 Inc. and Israeli nanotechnology startup Gauzy Ltd. began trading on Thursday after pricing two cross-border initial public offerings that raised a combined $230 million, steered by five law firms.

  • June 05, 2024

    Texas AG Sets Up New Team To Enforce Data Privacy Laws

    Texas Attorney General Ken Paxton is "doubling down" on efforts to curb companies' misuse of residents' personal information by establishing a new team dedicated to enforcing the state's data protections, including a comprehensive consumer data privacy law that's set to take effect next month. 

  • June 05, 2024

    Amazon Beats BIPA Suit Targeting Thermal Camera Use

    An Illinois federal judge handed Amazon a pretrial win over accusations that it violated workers' biometric privacy rights by using thermal cameras to screen for fevers during the pandemic, saying the company is immune from such claims under the Public Readiness and Emergency Preparedness Act.

  • June 05, 2024

    Fubo Loses Bid To Toss Consumer's Privacy Suit

    Streaming service Fubo cannot escape a proposed class action alleging it unlawfully shared subscribers' personally identifiable information, or PII, with third-party advertisers, an Illinois federal judge ruled Tuesday.

  • June 05, 2024

    Scrutinize Gag Order On Trump's Twitter DMs, X Tells Justices

    X Corp. is pressing the U.S. Supreme Court to review a court order allowing special counsel Jack Smith to obtain messages from Donald Trump's account on the social media platform while barring X from alerting the former president beforehand.

  • June 05, 2024

    Medical Clinic Must Face Patients' Record-Snooping Suit

    An Indiana appeals court on Wednesday reinstated claims against a medical clinic that employed a physician who improperly accessed the medical records of female patients for personal reasons, saying whether the doctor was acting within the scope of his employment is an issue still up for debate.

  • June 05, 2024

    3rd Circ. Revives Union Harassment Claims Against County

    The Third Circuit revived claims Wednesday accusing Hudson County, New Jersey; its department of corrections; and three county employees of retaliating against a corrections officer because of his union activity, saying a federal judge tossed the allegations too soon.

  • June 05, 2024

    Google Legal Dept. Goes From Crisis Mode To Long Term

    As much of the major antitrust litigation against Google winds down, the company is shuffling around its in-house legal departments to add more people and settle from crisis mode into the more sustainable posture of a technology giant where lawsuits have likely become a permanent feature of its existence.

  • June 05, 2024

    Panel To Pick Venue For FCC Net Neutrality Challenges

    The federal courts are poised to randomly pick which circuit court will initially hear more than half a dozen legal challenges to the Federal Communications Commission's recently adopted net neutrality rules.

  • June 05, 2024

    Feds Sue To Recover $5.3M Stolen From Union In Email Scam

    Boston federal prosecutors said Wednesday they are helping a union recover about $5.3 million stolen through a complex business email compromise scheme.

  • June 05, 2024

    Attys Get Third Of $1.4M Webster Bank Breach Deal

    A New Jersey federal judge on Wednesday granted final approval to a $1.4 million settlement, including $476,000 in fees for class counsel, in a suit from a class of account holders that sought to hold Webster Bank and its fraud detection services provider liable for a ransomware attack.

  • June 05, 2024

    CFPB Opens Door To Open Banking 'Standard Setters'

    The Consumer Financial Protection Bureau made more progress Wednesday in its efforts to lay the groundwork for open banking in the U.S., adopting a mechanism that will allow "open" and "balanced" organizations to begin setting official, industry-wide technical standards for financial data sharing.

  • June 05, 2024

    $6M KeyBank Breach Settlement 'Very Good,' Ga. Judge Told

    The leading class counsel in a lawsuit over alleged data breaches that occurred at several regional banks and a technology contractor urged a Georgia federal judge Wednesday to reject a last-ditch bid by one segment of the proposed class to block a "very good" $6 million settlement on the table.

  • June 05, 2024

    Womble Bond Adds Calif. Cyber Presence With Orrick Atty

    Womble Bond Dickinson announced Wednesday that it is expanding its privacy and cybersecurity team to the West Coast with the addition of a former Orrick Herrington & Sutcliffe LLP attorney in Los Angeles.

  • June 05, 2024

    DLA Piper Atty, Ex-UK Official On Practicing Across The Pond

    In returning to the United States after nearly two decades in London, former Serious Fraud Office official Judy Krieg says DLA Piper was the ideal place to serve clients and leverage the skills she has gained from working on both sides of the Atlantic.

  • June 04, 2024

    Microsoft Failing To Protect Students' Data, EU Watchdog Told

    A prominent Austrian advocacy group is urging the country's data protection authority to take a closer look at how Microsoft is protecting children's personal information, arguing the tech giant is unfairly trying to "shift" its responsibility under European Union privacy law to the schools that use its educational software and is secretly tracking minors' online activities.

  • June 04, 2024

    Meta, Texas Strike Deal To End State's Biometric Privacy Suit

    Meta Platforms Inc. and Texas' attorney general have agreed to settle the state's suit accusing the social media giant of using its facial recognition technology to illegally collect Facebook users' biometric information without their consent, the parties told a state court. 

  • June 04, 2024

    Top 3 Groups Lobbying The FCC

    The Federal Communications Commission heard from advocates nearly 200 times in May on issues ranging from cybersecurity in schools and libraries to tribal broadband funding and deployment, net neutrality rules and captioning for the hearing- and speech-disabled.

  • June 04, 2024

    Mondelez, BCLP Must Face Negligence Claims Over 2023 Breach

    An Illinois federal judge has trimmed the majority of claims in proposed data privacy class actions brought by Mondelez workers against their employer and Bryan Cave Leighton Paisner LLP stemming from a 2023 data breach, although the company and law firm couldn't shake the cases entirely. 

Expert Analysis

  • Despite Risks, AI Is A Worthy Tool For Healthcare Industry

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    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.

  • Bitcoin ETF Approval Doesn't Mean SEC Approves Of Crypto

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    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.

  • Key Considerations For Evaluating An AI Vendor

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    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.

  • SAG-AFTRA Contract Is A Landmark For AI And IP Interplay

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    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.

  • FTC AI Inquiry Signals Intensified Focus On Emerging Tech

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    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.

  • Reimagining Law Firm Culture To Break The Cycle Of Burnout

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    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.

  • Amazon's €32M Data Protection Fine Acts As Employer Caveat

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    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.

  • Series

    Competing In Dressage Makes Me A Better Lawyer

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    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.

  • Potential Defendant Strategies Amid Calif. Privacy Questions

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    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.

  • Legal Issues Loom For Driverless Trucking

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    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.

  • The Double-Edged Sword Of Biometrics In Financial Services

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    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.

  • How 2 CFPB Advisory Opinions Affect Reporting Agencies

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    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.

  • A Close Look At The FCC's Revised SIM Card Fraud Rules

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    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.

  • What Retailers Should Note In Calif. Web Tracking Suits

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    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.

  • Copyright Lessons Following Ruling In Artist AI Suit

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    The recent California district court ruling in Andersen v. Stability AI — that artists needed to specify how the training of artificial intelligence tools violated their copyrights — shows that lawyers on either side of generative AI matters must carefully navigate copyright issues including temporary copying and data sourcing, says Carlos Araya at Magnolia Abogados.

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