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Cybersecurity & Privacy
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November 26, 2024
T-Mobile, Sprint Slam FCC Privacy Fine At DC Circ.
T-Mobile and Sprint are asking the D.C. Circuit to knock down $92 million in fines the FCC slapped them with for selling users' sensitive location data, saying that a recent U.S. Supreme Court decision backs their contention they deserved a jury trial.
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November 26, 2024
Victim Shares Blame For $1.4M Scam, Connecticut Atty Says
A New Jersey real estate development company is at least partly to blame after it transferred more than $1.4 million to a fraudster without taking proper precautions, a Connecticut attorney said Tuesday in response to a federal lawsuit that accuses her of involvement in the scam.
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November 26, 2024
FTC Says AI Weapons-Screening Biz Hyped Faulty Scanners
The Federal Trade Commission on Tuesday accused Evolv Technologies of making false and unsupported claims that its AI-powered security screening products detect weapons while ignoring harmless personal items.
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November 26, 2024
Bojangles' Restaurants Sued Over Weekslong Cyberattack
A former employee of Southern-style fast-food chain Bojangles' Restaurants Inc. said the company negligently failed to protect his and his proposed class members' personal information, allowing hackers to access it earlier this year in a cyberattack that lasted for weeks.
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November 25, 2024
Mich. Atty's Voting Machine Criminal Trial Delayed Again
A Michigan state judge on Monday yet again delayed the criminal trial of an attorney accused of accessing 2020 voting machines after reiterating that he would not disqualify special prosecutors from arguing the case, giving more time for others similarly charged to chime in about newly discovered evidence.
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November 25, 2024
Fla. IT Worker Gets 4 Years In Chinese Spying Case
An information technology worker who pled guilty to working as a "cooperative contact" for the Chinese government was sentenced in Florida federal court Monday to four years behind bars, the U.S. Department of Justice said.
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November 25, 2024
Geico, Travelers To Pay NY $11.3M To Settle Data Security Row
New York's financial services regulator and attorney general revealed Monday that they've hit Geico and Travelers with $11.3 million in penalties for the auto insurers' alleged failure to adequately secure driver's license numbers, birth dates and other personal information that was compromised as part of a hacking campaign targeting online rate quote tools.
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November 25, 2024
'Shameful': Dems Rip Credit Bureaus Over Scrapped Hearing
Democratic senators on Monday lit into the Big Three credit bureaus for allegedly backing out of preelection commitments to testify last week before the Senate Banking Committee, calling the move "shortsighted and shameful."
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November 25, 2024
Pitt Ordered To Disclose Docs Jolie Says Will Prove Abuse
A California judge overseeing a dispute between Brad Pitt and Angelina Jolie over a multimillion-dollar French winery ruled Monday that Pitt must disclose documents and communications that Jolie says will prove he sought to cover up his domestic violence against her and their children.
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November 25, 2024
Construction Co. Seeks Coverage For $1.9M Email Spoof
A construction company told an Alaska federal court that a Travelers unit acted in bad faith by refusing to provide directors and officers coverage for an email spoofing scheme that caused the company to wire roughly $1.9 million of a partner construction company's funds to an "imposter."
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November 25, 2024
Spectrum, Rip And Replace Are Top FCC Priorities, Carr Says
Congress needs to focus next year on restoring the Federal Communications Commission's authority to auction spectrum bands and figure out how to pay for adequate telecom cybersecurity, says Brendan Carr, the agency's upcoming Republican chair.
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November 25, 2024
Calif. Board Seeks Comment On AI Rules Amid Pushback
The California Privacy Protection Agency on Friday opened the public comment period for its latest rulemaking package proposing expansive draft rules regulating technologies fueled by artificial intelligence — including in the employment, education, healthcare, consumer protection, banking and insurance contexts — which business groups have already criticized as being overly broad and burdensome.
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November 25, 2024
Medical Info. Co. Beats Junk Fax Suit Over Free E-Book Offer
A medical information company has once again defeated a long-running Telephone Consumer Protection suit over unsolicited faxes it sent in 2013, with a West Virginia federal judge ruling the plaintiffs produced no evidence that the company got paid when recipients responded to their faxes.
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November 25, 2024
Texas Judge Tosses Remainder Of Border Phone Search Suit
A federal judge in Texas has tossed a lawsuit from an attorney who claimed U.S. Customs and Border Patrol officers illegally seized and searched his cellphone at the border.
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November 25, 2024
Condo Boards Likely Safe From Corporate Transparency Law
New corporate reporting requirements under an anti-money laundering law likely do not apply to condominium associations, a Massachusetts federal judge ruled.
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November 25, 2024
CNN Calls NC Lt. Gov.'s Defamation Suit 'Political Theater'
The defamation suit against CNN brought by Mark Robinson, North Carolina's lieutenant governor and an unsuccessful gubernatorial candidate, must be thrown out for being simply "political theater," the news outlet said.
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November 25, 2024
Justices Turn Away Suit Over Data Extraction Award
The U.S. Supreme Court declined on Monday to take up a petition asking it to resolve whether a court or an arbitrator should decide the preclusive effect of a prior judgment, in a case stemming from a soured data extraction services contract involving a mortgage industry data analytics firm.
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November 22, 2024
Ill. Judge Bucks Colleague In Limiting BIPA Change's Reach
An Illinois federal judge held Friday that a legislative amendment limiting damages under the state's Biometric Information Privacy Act doesn't apply to lawsuits filed before the change took effect, refusing to side with a recent ruling from another judge in the same court that reached the opposite conclusion.
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November 22, 2024
Target Can't Shake Shoppers' Biometric Privacy Suit
An Illinois federal judge has refused to toss a putative class action accusing Target Corp. of deploying surveillance systems that unlawfully gathered shoppers' biometric data, finding that news reports and other sources cited by the plaintiffs were enough to create a "plausible inference" that the retailer engaged in the alleged conduct.
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November 22, 2024
Insurer Says Property Co. On Hook For $250K Cyber Theft
An insurer for a Washington condominium association told a federal court that a property management services company must reimburse the carrier for nearly $250,000 its insured lost after cybercriminals allegedly hacked into the management company's computer system and made payment requests from the condo association's bank account.
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November 22, 2024
FTC Can't Block Amazon's Misconduct Defense In Prime Suit
The Federal Trade Commission can't bar some of Amazon's defenses in an enforcement suit alleging consumers were duped into signing up for Prime delivery service, a Washington federal judge has ruled, allowing the e-commerce giant to argue the regulatory agency engaged in misconduct related to the litigation.
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November 22, 2024
Social Media MDL Judge Threatens States With Contempt
A California federal judge presiding over multidistrict litigation concerning social media platforms' allegedly addictive designs told counsel Friday that she's considering holding California and South Carolina state agencies in contempt for refusing to comply with discovery orders, telling counsel, "I can guarantee I will not let this stand."
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November 22, 2024
Bondi Vowed Trump Payback. Ex-Colleagues Aren't Worried.
U.S. attorney general nominee Pam Bondi is an outspoken ally of President-elect Donald Trump and vowed during the campaign that his "prosecutors will be prosecuted," but people who've worked with her say she's well qualified to serve as the nation's top cop and downplayed concerns that she would politicize the U.S. Department of Justice.
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November 22, 2024
High Court Quietly Pulls Meta Case Without A Ruling
The U.S. Supreme Court on Friday set aside a Meta Platforms Inc. case that sought to narrow the types of risk disclosures corporations need to make to investors, saying that the court shouldn't have taken up the case in the first place.
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November 21, 2024
Snap Moves To Toss New Mexico's Child 'Sextortion' Suit
Snap Inc. has moved to toss New Mexico's lawsuit accusing it of enabling child sexual exploitation on its instant messaging app, Snapchat, telling a New Mexico state court that the state's attorney general lodged a "sensationalist" lawsuit rife with patently false allegations.
Expert Analysis
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9 Considerations Around Proposed Connected Vehicle Ban
Stakeholders should consider several aspects of the U.S. Department of Commerce's recent proposal to ban U.S. imports and sales of vehicles incorporating certain connectivity components made in China or Russia, including exempted transactions and vehicle hardware imports, say attorneys at Blank Rome.
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Legislation Most Likely To Pass In Lame Duck Session
As Congress begins its five-week post-election lame duck session, attorneys at Greenberg Traurig break down the legislative priorities and which proposals can be expected to pass.
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Putting NYDFS AI Cybersecurity Guidance Into Practice
New guidance from the New York Department of Financial Services explains how financial institutions should assess and mitigate cybersecurity risks associated with artificial intelligence, focusing on four main threats and highlighting how varying environments require specific mitigation measures, say attorneys at Saul Ewing.
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from Practical Guidance
Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.
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Series
Playing Ultimate Makes Us Better Lawyers
In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron.
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How Property Insurance Coverage Shrank After The Pandemic
Insurers litigating property claims are leveraging rulings that provided relief in the COVID-19 context to reverse the former majority rule on physical loss or damage in all contexts, say attorneys at Reed Smith.
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E-Discovery Quarterly: Recent Rulings On Metadata
Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.
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What FTC's 'Bitcoin ATM' Report Tells Us About Crypto Scams
The Federal Trade Commission's recent insights into bitcoin ATM scams highlight the technical evolution of fraudsters, the application of old scams to new technology, and the persistent financial impact on victims, say attorneys at DLA Piper.
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Striking A Balance Between AI Use And Attorney Well-Being
As the legal industry increasingly adopts generative artificial intelligence tools to boost efficiency, leaders must note the hidden costs of increased productivity, and work to protect attorneys’ well-being while unlocking AI’s full potential, says Ed Sohn at Factor.
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6 Steps To Ready Defense Contractors For Cybersecurity Rule
Following the U.S. Department of Defense's final rule establishing the Cybersecurity Maturity Model Certification program in federal regulations, Sandeep Kathuria at Ice Miller provides a refresher on CMMC and identifies best practices for defense contractors awaiting full implementation of CMMC.
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Takeaways From The IRS' Crypto Doc Summons Win
A recent First Circuit decision holding that taxpayers do not have a Fourth Amendment reasonable expectation of privacy in cryptocurrency transaction records should prompt both taxpayers and exchanges to take stock of past transactions and future plans, say attorneys at BakerHostetler.
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A Novel Expansion Of Alien Tort Statute In 9th Circ.
The Ninth Circuit's Doe v. Cisco rehearing denial allows a new invocation of the Alien Tort Statute to proceed, which could capture the U.S. Supreme Court's attention, and has potentially dramatic consequences for U.S. companies doing business with foreign governments, say attorneys at Ropes & Gray.
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Empathy In Mediation Offers A Soft Landing For Disputes
Experiencing a crash-landing on a recent flight underscored to me how much difference empathy makes in times of crisis or stress, including during mediation, says Eydith Kaufman at Alternative Resolution Centers.
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Series
Being An Artist Makes Me A Better Lawyer
My work as an artist has highlighted how using creativity and precision together — qualities that are equally essential in both art and law — not only improves outcomes, but also leads to more innovative and thoughtful work, says Sarah La Pearl at Segal McCambridge.
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How Judiciary Can Minimize AI Risks In Secondary Sources
Because courts’ standing orders on generative artificial intelligence and other safeguards do not address the risk of hallucinations in secondary source materials, the judiciary should consider enlisting legal publishers and database hosts to protect against AI-generated inaccuracies, say attorneys at Lankler Siffert & Wohl.