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Cybersecurity & Privacy
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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.
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September 30, 2024
Wheeling & Appealing: The Latest Must-Know Appellate Action
The year's spookiest month is looking scary-good for appellate aficionados, as famed oral advocates joust in October over net neutrality and Uber's extraordinary bid to unravel multidistrict litigation — just two of the high-profile arguments previewed in this edition of Wheeling & Appealing. October also begins with former President Jimmy Carter turning 100, and we'll test your knowledge of his profound impact on the judiciary.
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September 30, 2024
Google Investors' Attys Snag $66.5M In $350M Privacy Deal
A California federal judge on Monday gave final approval to Alphabet's $350 million deal settling a Google data breach securities suit and awarded $66.5 million for attorney fees amid objections, calling the deal "an excellent result" and noting the 19% cut was below the benchmark for similar cases.
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September 30, 2024
Latham, Davis Polk Steer AI-Focused Chipmaker's IPO
Silicon Valley-based artificial intelligence startup Cerebras on Monday filed plans for an initial public offering with the U.S. Securities and Exchange Commission, hoping to tap investors' enthusiasm for AI-linked companies, and with Latham & Watkins LLP and Davis Polk & Wardwell LLP guiding the process.
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September 30, 2024
2 Crypto Think Tank Execs To Step Down At End Of Year
Crypto policy think tank Coin Center said Monday that its executive director and one of its senior lawyers plan to step down at the end of the year.
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September 30, 2024
Netflix Must Face Trimmed 'Baby Reindeer' Defamation Fight
A California federal judge trimmed a Scottish lawyer's multimillion-dollar lawsuit alleging Netflix's popular stalker miniseries "Baby Reindeer" defamed her, tossing negligence and publicity claims but allowing the attorney's defamation and emotional distress allegations to proceed.
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September 30, 2024
Indiana's TikTok Kids Safety Suit Revived On Appeal
An Indiana appeals court on Monday revived the state's suit against TikTok Inc. alleging it violated state law by downplaying the risks of personal data being accessed by the Chinese government, finding that state courts do have jurisdiction over the company.
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September 30, 2024
T-Mobile To Pay $31.5M In FCC Data Breach Settlement
T-Mobile has agreed to settle a group of Federal Communications Commission data breach cases for $31.5 million, the agency announced Monday.
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September 30, 2024
Speedway Workers' BIPA Suit Headed To Trial
An Illinois federal judge said Sunday that Speedway must defend itself at trial against a now-certified class of employees who say the gas station chain required employees to scan their fingerprints to clock in to and out of work for years without ever obtaining their informed consent.
Expert Analysis
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In Biz Account Breaches, Look Beyond The Payment Platform
A business's legal path to recovering funds after bad actors access a payment platform account and engage in unauthorized transactions can lead into murky legal territory where liability is unclear, and pursuing the payment platform itself will be an uphill, if not insurmountable, struggle, say Edward Marshall and Morgan Harrison at Arnall Golden.
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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A Framework For Investigating Commercial Loan Fraud
As commercial loan transactions are increasingly subject to sophisticated fraud schemes, lenders must adopt dynamic strategies to detect, investigate and mitigate these schemes, say attorneys at Baker Donelson.
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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What Companies Should Consider Amid Multistate AG Actions
The rise of multistate attorney general actions is characterized by increased collaboration and heightened scrutiny across various industries — including Big Tech and gaming — and though coalitions present challenges for targeted companies, they also offer opportunities for streamlined resolutions and coordinated public relations efforts, say attorneys at Cozen O'Connor.
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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Careful Data Governance Is A Must Amid Enforcement Focus
Federal and state regulators' heightened focus on privacy enforcement, including the Federal Trade Commission's recent guidance on consumer protection in the car industry, highlight the importance of proactive risk management, compliance and data governance, say Jason Priebe and Danny Riley at Seyfarth.
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What Employers Need To Know About Colorado's New AI Law
The Colorado AI Act, enacted in May and intended to regulate the use of high-risk artificial intelligence systems to prevent algorithmic discrimination, is broad in scope and will apply to businesses using AI for certain employment purposes, imposing numerous compliance obligations and potential liability, say Laura Malugade and Owen Davis at Husch Blackwell.
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5 Critical Factors Driving Settlement Values In Cyber Litigation
Recent ransomware incidents and their legal repercussions offer five valuable insights into the determinants of settlement values in cyberattack-related litigation, and understanding these trends and their implications can better prepare organizations for the potential legal fallout from future breaches, says Peter Kamminga at JAMS.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.
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What 4 Cyber Protection Actions Mean For Marine Transport
Several recent steps by the Biden administration are necessary to address the cyber threats that increasingly disrupt the maritime sector, but also impose new legal risks, liabilities and operating costs on the owners and operators of U.S.-flagged vessels and facilities, say attorneys at Holland & Knight.
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Cyber Takeaways For Cos. From Verizon Data Breach Report
Camilo Artiga-Purcell at Kiteworks analyzes the key findings of the 2024 Verizon Data Breach Investigations Report from a legal perspective, examining the implications for organizations' cybersecurity strategies and compliance efforts.
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Think Like A Lawyer: Always Be Closing
When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.
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Takeaways From Nat'l Security Division's Historic Declination
The Justice Department National Security Division's recent decision not to prosecute a biochemical company for an employee's export control violation marks its first declination under a new corporate enforcement policy, sending a clear message to companies that self-disclosure of misconduct may confer material benefits, say attorneys at Perkins Coie.