Cybersecurity & Privacy

  • June 27, 2024

    Free-Speech Orgs Tell DC Circ. TikTok Ban Is Prior Restraint

    A collection of free speech and press groups has urged the D.C. Circuit to strike down Congress' TikTok sale-or-ban law, calling the statute a "direct and serious threat" to First Amendment freedoms in an amicus brief.

  • June 27, 2024

    Fla. Gov. Vetoes Bill Giving Immunity On Data Breach Claims

    Florida Gov. Ron DeSantis on Wednesday vetoed a bill that would have provided immunity from data breach lawsuits for businesses that complied with certain cybersecurity standards, citing concerns that the legislation could result in Floridians' data being less secure.

  • June 26, 2024

    BofA COVID Benefit Card Suit Trimmed After Prior Order Axed

    A California federal judge has trimmed a suit brought against Bank of America NA by a proposed class of unemployment and disability benefits card recipients while also agreeing with them that a federal magistrate judge erred in holding that the bank's top brass lacked "uniquely relevant information" concerning discovery in the suit.

  • June 26, 2024

    Justices Leave Blurry Line In Place On Misinformation Fight

    The U.S. Supreme Court's decision Wednesday to reverse a Fifth Circuit order prohibiting the Biden administration from joining with social media platforms to fight misinformation leaves an important First Amendment question unanswered and left Missouri's attorney general promising a continuing fight against what he called a "censorship regime."

  • June 26, 2024

    FCC Urged To Prevent Abuse Through High-Tech Cars

    Privacy and abuse survivor advocates have outlined ways the Federal Communications Commission could safeguard connected car technology to mitigate domestic and sexual abuse, urging the agency to expand and adapt existing rules to limit abusers from using joint cellphone plans to stalk or harass people to apply to data in vehicles with advanced wireless connectivity.

  • June 26, 2024

    Justices Chide 5th Circ. In Biden Social Media Case

    The Fifth Circuit relied on "clearly erroneous" facts and an overgeneralized view of standing when it ordered the Biden administration to stop working with social media platforms to combat COVID-19 and election misinformation, the U.S. Supreme Court ruled Wednesday as it threw out a challenge to the government's actions.

  • June 26, 2024

    State Data Privacy Law Patchwork: Midyear Report

    States jumped on the consumer data privacy law bandwagon at a brisk clip in the first half of 2024, although it remains unclear if this push will be enough to encourage Congress to finally enact a nationwide framework this year. 

  • June 26, 2024

    New Hampshire Claims TikTok Exploits Kids For Profit

    Social media titan TikTok is exploiting children by intentionally designing its platform to be addictive, so children will keep scrolling on the app for as long as possible, the state of New Hampshire argues in a heavily redacted lawsuit in state court.

  • June 26, 2024

    Julian Assange Freed After Judge Accepts US Plea Deal

    Julian Assange returned to his native Australia on Wednesday hours after a federal judge in the Northern Mariana Islands accepted his plea deal with the U.S. Department of Justice and sentenced him to time served for conspiring to disclose national security information.

  • June 26, 2024

    Ex-Ticketmaster Exec Pleads Guilty In Hacking Case

    A former director of client relations at Ticketmaster pled guilty Wednesday to taking part in a scheme to hack into a rival company's computer system in an attempt to gain a competitive advantage.

  • June 26, 2024

    Russian Charged With Ukrainian Cyberattack Before Invasion

    A Russian citizen was charged Wednesday in Maryland federal court with conducting cyberattacks against computer systems used by the government of Ukraine just before the nation was invaded by Russia's military, then targeting Ukrainian allies such as the United States.

  • June 26, 2024

    House GOP Gears Up For The End Of Chevron Deference

    A new memo outlines how House Republicans are gearing up for the U.S. Supreme Court to potentially overturn the decades-old precedent that courts defer to agencies' interpretations of ambiguous statutes, as an opportunity to roll back the Biden administration's policies and reclaim Congress' power.

  • June 26, 2024

    CSAA Seeks Exit From Conn. Atty's $1.4M Transfer Scam Case

    The insurance company covering a Connecticut attorney accused of helping steal $1.4 million from a development company via a fraudulent bank transfer is seeking to drop its coverage on the grounds that the attorney's alleged actions were intentional and criminal, and therefore not insured.

  • June 26, 2024

    Macy's Email Demand Violates Privacy Law, Shopper Says

    A requirement that Massachusetts consumers making online purchases from Macy's provide an email address to complete a transaction violates the state's consumer privacy law, a proposed class action filed Tuesday alleges.

  • June 26, 2024

    High Court Axes Challenge To Biden Admin's Social Media Work

    The U.S. Supreme Court wiped out a Fifth Circuit order prohibiting the Biden administration and several federal agencies from working with social media platforms to combat the spread of misinformation Wednesday, finding the states and individuals challenging the collaboration don't have standing to sue.

  • June 25, 2024

    Bank Groups Rip CFPB Stance On Wire Rules In NY's Citi Suit

    Banking trade groups have slammed the Consumer Financial Protection Bureau for backing the New York attorney general's office in a lawsuit over Citibank's handling of online wire fraud claims, arguing the agency's support for a key legal position in the case marks a "complete reversal" from its past views.

  • June 25, 2024

    Google Says Epic's Play Store Changes Could Cost $137M

    Google urged a California federal judge Monday to reject Epic Games' proposed Play Store remedies following Epic Games' antitrust jury trial win, arguing that the changes could cost up to $137 million plus ongoing maintenance costs and create new security risks while potentially harming Google's reputation.

  • June 25, 2024

    Temu Is A 'Data-Theft' Biz And Not Marketplace, Ark. AG Says

    App-based online shopping platform Temu is in reality "dangerous malware" that can override phone privacy settings and collect sensitive user information, according to a "first-of-its-kind" state lawsuit by Arkansas alleging deceptive trade practices and privacy violations.

  • June 25, 2024

    Judge Likely To Block Medical Record Co.'s Anti-Bot CAPTCHAs

    A Maryland federal judge appeared ready to enjoin electronic medical records company PointClickCare from restricting nursing home analytics company Real Time Medical Systems' automated access to its online repositories Tuesday, potentially taking an early crack at defining the 21st Century Cures Act's data sharing provisions.

  • June 25, 2024

    Project Veritas Rips Ore. Recording Ban At En Banc 9th Circ.

    Project Veritas urged an en banc Ninth Circuit panel Tuesday to find that Oregon's decades-old statute that makes it a felony to secretly record people in public places violates the First Amendment, arguing the "dangerous" statute deters investigative journalism as "one of the broadest recording laws in the nation."

  • June 25, 2024

    Amazon Says It Shares 'Cookies,' But Not Prime Viewers' ID

    Amazon.com Inc. on Tuesday urged a federal judge to toss a proposed class action filed by Prime movie subscribers, calling the privacy complaint a "smokescreen" attempting to get around the terms of a use agreement that allows advertisers to access cookies that don't identify specific customers.

  • June 25, 2024

    FTC Looks To Ax MGM Suit Over Cybersecurity Probe

    The Federal Trade Commission rebuffed claims from MGM Resorts International that the agency improperly declined to recuse chair Lina Khan from investigating the hospitality giant's data security practices, urging a D.C. federal judge to toss MGM's lawsuit that seeks to stop the probe.

  • June 25, 2024

    Man Convicted Of Crypto-Motivated Break-Ins, Kidnappings

    A Florida man was convicted Tuesday in North Carolina federal court of leading a robbery crew that broke into people's homes, kidnapped them and stole Bitcoin and other cryptocurrency.

  • June 25, 2024

    Sinclair Accused Of Violating Video Privacy Law

    Sinclair Inc. was hit with a lawsuit in Illinois state court Monday alleging it uses tracking technology to see which videos users watch on its tennis streaming service and target advertisements to them accordingly, in violation of the Video Privacy Protection Act.

  • June 25, 2024

    Ex-Trump Atty Seeks Discovery Stay In Dominion Voting Suit

    A former One America News reporter and Trump attorney is urging a D.C. federal judge to grant her a discovery pause in civil defamation litigation brought by Dominion Voting Systems, arguing that responding to requests now could put her defense at risk in a criminal case in Arizona.

Expert Analysis

  • Series

    Playing Music Makes Me A Better Lawyer

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    My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.

  • How AI Cos. Can Cope With Shifting Copyright Landscape

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    In the evolving landscape of artificial intelligence, recent legal disputes have focused on the utilization of copyrighted material to train algorithms, meaning companies should be aware of fair use implications and possible licensing solutions for AI users, say Michael Hobbs and Justin Tilghman at Troutman Pepper.

  • How Attys Can Avoid Pitfalls When Withdrawing From A Case

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    The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.

  • The Effects Of New 10-Year Limitation On Key Sanctions Laws

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    Recently enacted emergency appropriations legislation, doubling the statute of limitations for civil and criminal economic sanctions violations, has significant implications for internal records retention, corporate transaction due diligence and government investigations, say attorneys at Greenberg Traurig.

  • Supply Chain Considerations For Companies Deploying AI

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    Many businesses will risk failure by embracing artificial intelligence without fully understanding the risks, and the value of a five-step AI supply chain analysis cannot be overstated, say Brooke Berg and Nathan Staffel at Nardello & Co.

  • Opinion

    DOJ Messaging App Warnings Undermine Trust In Counsel

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    The U.S. Department of Justice Antitrust Division's increasingly ominous warnings to defense and in-house counsel about the consequences of not preserving ephemeral messaging and messages sent using collaboration tools could erode confidence and cooperation, says Mark Rosman at Proskauer.

  • Using A Children's Book Approach In Firm Marketing Content

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    From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.

  • Compliance Considerations For New Data Protection Law

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    Sam Castic at Hintze Law discusses how to determine if your organization is covered by the newly enacted Protecting Americans' Data from Foreign Adversaries Act, the scope of the law's restrictions, and how to go about compliance as its June 23 effective date approaches.

  • What The FTC Report On AG Collabs Means For Cos.

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    The Federal Trade Commission's April report on working with state attorneys general shows collaboration can increase efficiency and consistency in how statutes are interpreted and enforced, which can minimize the likelihood of requests for inconsistent injunctive relief that can create operational problems for businesses, say attorneys at Kelley Drye.

  • Crypto Mixer Laundering Case Provides Evidentiary Road Map

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    A Washington, D.C., federal court’s recent decision to allow expert testimony on blockchain analysis software in a bitcoin mixer money laundering case — which ultimately ended in conviction — establishes a precedent for the admissibility of similar software-derived evidence, say Peter Hardy and Kelly Lenahan-Pfahlert at Ballard Spahr.

  • Series

    Being An EMT Makes Me A Better Lawyer

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    While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.

  • The Opportunities, Risks And Rewards Of AI Acquisitions

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    As artificial intelligence acquisitions become an increasing area of focus for investors and technology buyers, entities should pay special attention to target identification, due diligence and more when structuring and executing a transaction with a company that has an AI-centric business model, say attorneys at Foley & Lardner.

  • Legal Issues To Watch As Deepfake Voices Proliferate

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    With increasingly sophisticated and accessible voice-cloning technology raising social, ethical and legal questions, particularly in the entertainment industry and politics, further legislative intervention and court proceedings seem very likely, say Shruti Chopra and Paul Joseph at Linklaters.

  • AI And Trade Controls: A Guide To Expanding Restrictions

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    With restrictions on trade related to commodities, software and technology integral to high-performing artificial intelligence capabilities expected to expand — particularly between the U.S. and China — companies must carefully consider the export classification of the items they design, produce or procure, say attorneys at Hogan Lovells.

  • Car Apps, Abuse Survivor Safety And The FCC: Key Questions

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    A recent request for comment from the Federal Communications Commission, concerning how to protect the privacy of domestic violence survivors who use connected car services, raises key questions, including whether the FCC has the legal authority to limit access to a vehicle's connected features to survivors only, say attorneys at Davis Wright.

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