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Cybersecurity & Privacy
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October 09, 2024
Pa. Justices Delve Into Audiences For Facebook Posts
Whether the public's right to access to school board members' controversial social media posts depends on the intended audience dominated oral argument at the Pennsylvania's Supreme Court on Wednesday in a resident's challenge of a court order shielding the content.
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October 09, 2024
Marriott Inks $52M Deal With States Over Guest Data Breach
Marriott International Inc. has agreed to pay $52 million to nearly every U.S. state and bolster its data security practices to resolve parallel investigations by state attorneys general and the Federal Trade Commission over a massive data breach at the hotel's Starwood-branded properties.
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October 09, 2024
Settlement Ends Suit Over 'Unwanted' Insurance Agency Calls
A Georgia-based insurance agency has reached a settlement with a proposed class that accused it of making "aggressive" telemarketing calls to seniors advertising final expense and life insurance products despite the seniors' requests that the calls stop or their status on the national do-not-call list.
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October 08, 2024
Ex-Uber Exec's Actions Smell Like Cover-Up, 9th Circ. Judge Says
A Ninth Circuit panel appeared skeptical Tuesday of Uber's ex-security chief's effort to overturn his convictions for obstructing an investigation into an Uber data breach, with one judge saying the defendant's abrupt changes to Uber's policies "does smell to me like a cover-up."
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October 08, 2024
Jackson, Kagan Target Loper Bright In Ghost Gun Case
U.S. Supreme Court Justice Ketanji Brown Jackson was uncharacteristically quiet during initial arguments Tuesday over the federal government's authority to regulate ghost guns. While her colleagues debated whether kits of unassembled parts qualify as firearms, she waited patiently to post a different question: Can courts now toss agency interpretations they don't like?
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October 08, 2024
Congress Urged To Prevent Stalking Via Smart Car
An auto technology trade group asked congressional leaders Tuesday to push through legislation that would allow car connectivity services to cut access to domestic abusers.
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October 08, 2024
House Oversight Chair Targets Khan's 'Political Activities'
House Oversight Committee Chairman James Comer, R-Ky., put Federal Trade Commission Chair Lina M. Khan on blast Tuesday for participating in official events held by Democratic lawmakers running for reelection or higher office, castigating the leader of the FTC's Democratic majority for "partisan political activities."
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October 08, 2024
Mich. Judge Won't Halt EV Battery-Plant Build During Appeal
A Michigan federal judge said Monday she will not lift an order forcing a town's leaders to abide by a development agreement with battery manufacturer Gotion Inc. while the town seeks a Sixth Circuit review of the decision.
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October 08, 2024
Exporting Chips To China Doesn't Merit 7 Years, 9th Circ. Told
Counsel for a former UCLA electrical engineering professor urged the Ninth Circuit on Tuesday to reduce his seven-year prison sentence for illegally exporting high-powered semiconductor chips to China, saying the conduct did not amount to an evasion of national security controls.
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October 08, 2024
College Admins Beat Ex-Prof's Suit Over Race-Based Study
Cleveland State University faculty defeated a former professor's suit alleging he was unlawfully fired for publishing research asserting intelligence differences between white and Black people, with an Ohio federal judge finding he was let go for abusing access to restricted data, not his research subject.
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October 08, 2024
AGs Slam TikTok With Youth Addiction, Fraud Claims
More than a dozen states have sued TikTok, alleging the popular social media platform targets young users and manipulates them into becoming habitual users while downplaying the harmful effects it can have on mental health and development.
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October 07, 2024
Mednax Gets Final OK For $6M Data Breach Settlement
A Florida federal judge on Friday gave the green light to Mednax's $6 million settlement putting to rest a proposed class action accusing the medical provider of failing to adequately protect patients' personal information from a 2020 phishing attack, calling the deal "fair, reasonable and adequate."
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October 07, 2024
Car Sharing App Getaround Faces BIPA Suit Over Facial Scans
Car sharing platform Getaround Inc. is facing a proposed class action in Illinois federal court accusing the company of illegally gathering, storing and disseminating its users' facial geometry scans obtained through a mandatory verification process, in violation of the state's Biometric Information Privacy Act.
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October 07, 2024
FCC Needs To 'Harmonize' Cybersecurity, Mobile Group Says
A key wireless industry group has urged the Federal Communications Commission to ensure the network cybersecurity plans required by the agency's recent 5G Fund order are applied evenly across all its deployment funding programs.
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October 07, 2024
Apple Doesn't Infringe Digital Identity Patents, Jury Finds
A federal jury in Austin, Texas, has rejected a $361 million patent case from a longtime ExxonMobil employee who had targeted in-house cybersecurity hardware used in Apple iPhones.
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October 07, 2024
Epic Judge Orders Google To Let Rivals Set Up App Stores
A California federal judge on Monday ordered Google to offer third-party options for downloading apps on Android phones, banned it from offering companies financial incentives to discourage competition with Google Play and blocked it from signing developer deals to have an app launch first or exclusively in its app store.
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October 07, 2024
Meta Loses Second Bid To Ax £2.3B Data Misuse Class Action
Meta has failed in its second attempt to challenge a decision by Britain's antitrust tribunal to allow a £2.3 billion ($3.1 billion) class action accusing the Facebook owner of exploiting its users' data, as an appeals court ruled Monday that the "complex" issues should be determined at trial.
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October 07, 2024
Winston & Strawn Adds Digital Assets Pro From K&L Gates
Winston & Strawn LLP has hired as a partner for its transactions department and as a member of its digital assets and blockchain technology group an attorney who formerly worked at K&L Gates LLP and co-chaired its digital assets industry group.
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October 07, 2024
Justices Won't Review Feds' Warrant On Trump's Twitter DMs
The U.S. Supreme Court declined on Monday to review a court order that allowed special counsel Jack Smith to obtain messages from Donald Trump's account on the X social media platform while barring X Corp. from alerting the former president beforehand.
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October 07, 2024
High Court Rejects Ex-Raytheon Worker's Retaliation Suit
The U.S. Supreme Court on Monday declined to revisit its prior ruling insulating security clearance decisions from court review, after a fired Raytheon worker urged the court to clarify whether that decision also applies to actions by federal contractors.
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October 04, 2024
Top 5 Supreme Court Cases To Watch This Fall
The U.S. Supreme Court will hear several cases in its October 2024 term that could further refine the new administrative law landscape, establish constitutional rights to gender-affirming care for transgender minors and affect how the federal government regulates water, air and weapons. Here, Law360 looks at five of the most important cases on the Supreme Court's docket so far.
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October 04, 2024
Mondelez, BCLP Ink $750K Deal To End Data Breach Suits
Mondelez Global LLC workers on Friday asked an Illinois federal judge to greenlight a $750,000 settlement that would resolve proposed data privacy class actions against their employer and Bryan Cave Leighton Paisner LLP stemming from a 2023 data breach.
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October 04, 2024
EU High Court Says Meta Must Limit Data Used To Target Ads
The European Court of Justice ruled Friday that the bloc's data protection rules prohibit Meta's Facebook and other social media platforms from using all the personal data they've ever collected to fuel their targeted advertising, handing Austrian activist Max Schrems a win in his latest fight against the tech giant.
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October 04, 2024
JPML Agrees To Combine Snowflake, AT&T Data Breach MDLs
The Judicial Panel on Multidistrict Litigation on Friday centralized a slew of cases stemming from high-profile data breaches affecting customers of the Snowflake Inc. cloud platform in the District of Montana, a transfer order that includes sprawling multidistrict litigation against AT&T, one of Snowflake's customers.
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October 04, 2024
Real Estate Execs Accused Of NYC Deed Theft Scheme
Three real estate executives have been arrested in connection with a purported $500,000 deed theft scheme that preyed upon a vulnerable home owner in the Bronx, according to the Office of the New York State Attorney General.
Expert Analysis
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Series
Being A Luthier Makes Me A Better Lawyer
When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.
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Lead Like 'Ted Lasso' By Embracing Cognitive Diversity
The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.
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3 Areas Of Enforcement Risk Facing The EV Industry
Companies in the EV manufacturing ecosystem are experiencing a boom in business, but with this boom comes increased regulatory and enforcement risks, from the corruption issues that have historically pervaded the extractive sector to newer risks posed by artificial intelligence, say attorneys at MoFo.
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Nat'l Security Considerations For Telecom Products Counsel
An increase in federal national security measures in the telecommunications space, particularly from the Federal Communications Commission, means that products counsel need to broaden their considerations as they advise on new products and services, says Laura Stefani at Venable.
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Preparing For Increased Scrutiny Of Tech Supply Chains
The U.S. Department of Commerce's recent action prohibiting sales of a Russia-based technology company's products in the U.S. is the first determination under the information technology supply chain rule, and signals plans to increase enforcement of protections that target companies in designated foreign adversary jurisdictions, say attorneys at Debevoise.
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5 Steps To Protect Your Business From Spoofed Email Fraud
In today's digital landscape, spoofed email fraud poses a significant threat to businesses, so specifying clear payment instructions and implementing robust verification protocols, among other steps, can significantly reduce the risk of falling victim to email fraud, says Bill Wagner at Taft.
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Cyber Incident Response Checklist For SEC Compliance
In light of recent guidance from the U.S. Securities and Exchange Commission, which clarified the distinction between two types of cybersecurity incident disclosures, companies should align their materiality assessment, incident response and disclosure control processes to bolster compliance and provide a measure of protection, say attorneys at Troutman Pepper.
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Playing The Odds: Probing Sports Betting Allegations
With gambling-related controversies becoming a mainstay of the athletics landscape, it's essential for in-house and outside counsel to stay abreast of best practices for conducting sports betting investigations, say attorneys at Steptoe.
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Opinion
Now More Than Ever, Lawyers Must Exhibit Professionalism
As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.
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How Tech Trackers May Implicate HIPAA After Hospital Ruling
A recent Texas federal court order in American Hospital Association v. Becerra adds a legal protection on key data, clarifying when tracking technologies implicate the Health Insurance Portability and Accountability Act, so organizations should ensure all technology used is known and accounted for, say John Howard and Myriah Jaworski at Clark Hill.
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Series
Serving In The National Guard Makes Me A Better Lawyer
My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.
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A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.
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Mitigating Risks Amid 10-Year Sanctions Enforcement Window
In response to recent legislation, which doubles the statute of limitations for actions related to certain U.S. sanctions and provides regulators greater opportunity to investigate possible violations, companies should take specific steps to account for the increased civil and criminal enforcement risk, say attorneys at Freshfields.
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M&A In The AI Era: Key Deal Terms To Watch
As the artificial intelligence market matures, so will due diligence needs, as M&A deals aimed at consolidation and new synergies raise unique legal and regulatory challenges, including potential antitrust and national security reviews, say attorneys at Skadden.
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Opinion
States Should Loosen Law Firm Ownership Restrictions
Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.