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Cybersecurity & Privacy
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January 28, 2025
Stakeholders Worry Funding Freeze Will Hinder Connectivity
Advocates for increased broadband access in schools and libraries are sounding the alarm about the Office of Management and Budget memorandum calling on agencies to pause grant and loan disbursements, with broadband access advocates warning that the move would stop all Universal Service reimbursements and threaten coverage for rural and underserved areas.
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January 28, 2025
OpenAI Must Hand Over GPT-4 Dataset In Authors' IP Fight
A California federal judge on Tuesday ordered OpenAI Inc. to produce a dataset used to train the company's flagship GPT-4 model to counsel representing a proposed class of authors in their high-stakes copyright infringement battle, rejecting OpenAI's argument that handing over the dataset poses too many security issues.
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January 28, 2025
'Right To Hug' Case In Michigan Draws ACLU Support
The American Civil Liberties Union and 15 other organizations urged a Michigan appeals court to hold that children have a right to in-person visits with their incarcerated parents, describing in a friend-of-the-court brief the long-lasting psychological effects of isolating child from parent.
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January 28, 2025
Apple Can't Defend Google Revenue Deal In DOJ Search Case
A D.C. federal judge has refused to let Apple intervene to defend the billions it gets from Google to keep the search giant as the default for Safari browser, holding the iPhone maker waited too long to intervene in the Justice Department's monopolization lawsuit, and the company's involvement now would be too disruptive.
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January 28, 2025
Cricket News Site Says Privacy Suit Belongs In Arbitration
The operator of cricket news site Cricbuzz has told a New Jersey federal judge that a data privacy suit by two users should be sent to arbitration or dismissed outright, since its terms of service contain a clause in which viewers agree to mandatory arbitration.
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January 28, 2025
Ex-White House Info Governance Leader Joins Nelson Mullins
Nelson Mullins Riley & Scarborough LLP has hired President Donald Trump's former informational governance chief and a one-time assistant director in the Federal Trade Commission's litigation technology and analysis group, the firm announced Monday.
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January 27, 2025
States Back In Spotlight As Feds Exit Net Neutrality Debate
The Sixth Circuit might have recently hammered the last nail into the coffin of federal net neutrality rules, but states are poised to fill the void — just as some did when the last Trump administration tanked a previous broadband regulatory regime.
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January 27, 2025
UnitedHealth Raises Cyberattack Estimate To 190M Individuals
A debilitating cyberattack last year that sabotaged vital billing and prescribing services operated by a UnitedHealth Group unit affected personal information belonging to roughly 190 million individuals, the health insurer disclosed Friday, nearly doubling its previous estimate of the scope of the incident.
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January 27, 2025
3 Arrested In North Korean IT Worker Scheme, Feds Say
Federal officials alleged in a Florida indictment that they've arrested at least three people in an elaborate fraudulent worker scheme masterminded by the Democratic People's Republic of Korea, saying the individuals helped North Koreans obtain remote information technology employment with companies for the purpose of evading U.S. sanctions.
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January 27, 2025
Judge Grants Bid For Docs, Code In EPassport Fight
A Court of Federal Claims judge partially granted a German company's bid to secure discovery materials from the U.S. government and a French cybersecurity firm for its suit accusing the government of infringing on patents related to electronic passport readers.
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January 27, 2025
Cisco Tells Fed. Circ. To Uphold Win In Cybersecurity IP Row
Cisco has defended its retrial victory in a multibillion-dollar computer security patent case by telling the Federal Circuit the new judge had seen through a cybersecurity startup's legal "tactics."
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January 27, 2025
Judge Refuses To Stop Amazon Data Suit In Ill. State Court
A Delaware federal judge refused on Monday to block a lawsuit in Illinois state court accusing Amazon Web Services of illegally collecting voice data, saying the Illinois privacy case involves different claims and parties than the federal case, which was dismissed because some plaintiffs lacked standing.
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January 27, 2025
3rd Circ. Says Class Cert. Won't Work In Junk Fax Suit
Since Fox Rehabilitation Services used "highly individualized methods" to seek consent from the entities it sent faxes to, it would be too difficult for a lawsuit accusing the company of sending unsolicited ads to proceed as a class action, a split Third Circuit panel has ruled.
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January 27, 2025
Justices Won't Review $90M Facebook Privacy Settlement
The U.S. Supreme Court on Monday declined to review a case involving a $90 million settlement for claims Facebook illegally tracked logged-out users' browsing activity, rejecting an argument from an objector who challenged plaintiff service awards and $26.1 million in attorney fees.
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January 27, 2025
MGM's $45M Deal To End Data Breach Suits Wins Initial OK
A Nevada federal judge has preliminarily approved MGM Resorts International's $45 million deal — with class counsel seeking up to $13.5 million in fees — to settle consolidated proposed class action litigation alleging that MGM failed to protect 37 million customers' personal information from multiple data breaches in 2019 and 2023.
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January 27, 2025
Broadcom Unit Loses Patent In Netflix Fight At Fed. Circ.
A Broadcom subsidiary had no luck at the Federal Circuit on Monday in breathing new life into data caching patent claims that were asserted in the chipmaker's legal war with Netflix, but later rejected by the U.S. Patent Trial and Appeal Board.
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January 27, 2025
'Guesswork' Dooms Class Cert. In Meta Privacy Antitrust Suit
A California federal judge has refused to certify a class of consumers who say Meta would have to pay users for their data if it didn't lie about privacy safeguards, finding that the motion was undone by the opinions of an economist who cannot get from general economics to market reality.
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January 27, 2025
Compass Group Illegally Solicits Genetic Info, Suit Says
Food service company Compass Group's U.S. arm has been hit with genetic privacy claims brought by a proposed class in Illinois state court for allegedly requiring job applicants to disclose their personal medical history information during physical examinations.
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January 24, 2025
FTC Signals Unified Focus On Kids' Privacy With Rule Update
The Federal Trade Commission's recent unanimous move to strengthen longstanding online privacy protections for children demonstrated that the agency won't be easing up on enforcement in this space as a new Republican regime takes over, despite lingering questions over whether further changes or expansions may be on the horizon.
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January 24, 2025
11th Circ. Overturns FCC One-To-One Marketing Consent Rule
The Eleventh Circuit late Friday overturned a Federal Communications Commission rule requiring individual consumer consent to receive contacts from companies through comparison shopping sites.
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January 24, 2025
Patient Can't Sue Over Clinic's 'Data Incident,' Ill. Justices Say
A medical clinic patient who received a letter stating a "data incident" may have compromised her personal information but appeared not to have led to the information's misuse does not have standing to pursue proposed class claims for damages, the Illinois Supreme Court said Friday.
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January 24, 2025
Anti-Abortion Group Seeks High Court Review Of NJ Probe
An anti-abortion pregnancy center operator wants the U.S. Supreme Court to revive its federal court challenge to a subpoena from the New Jersey attorney general that seeks information about its donors, urging the court in a petition for certiorari to resolve a legal "Catch-22."
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January 24, 2025
Feds Want Ohtani's Ex-Interpreter To Get 5 Yrs For $17M Theft
Prosecutors urged a California federal judge Thursday to sentence Shohei Ohtani's former interpreter to nearly five years in prison for stealing nearly $17 million from the MLB superstar to help pay massive gambling debts, while defense counsel argued that he should serve only 18 months because of his "severe gambling addiction."
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January 24, 2025
Boston Firm Says IT Vendor Holding Computers 'Hostage'
Boston-based law firm Melick & Porter LLP says a company it hired to manage its information technology is now holding its computer network and data "hostage" by refusing to cooperate with the transition to a new vendor unless Melick pays it $380,000.
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January 24, 2025
Capital One Named In Action Over Early-Year Service Outage
Capital One has been hit with a proposed class action in Virginia federal court focused on a January service disruption that allegedly left consumers locked out of its systems.
Expert Analysis
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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An Update On Legal Issues In The Drone Market
Marialuisa Gallozzi and Alex Slawson at Covington examine recent developments in the legal issues surrounding the growing drone market, including possible First Amendment protections, Fourth Amendment surveillance, and litigation involving criminal and civil penalties, evidentiary pursuits, and insurance.
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Compliance Pointers For Amended Pa. Data Breach Law
Recent updates to the Pennsylvania Breach of Personal Information Notification Act include a requirement that organizations alert the state's attorney general of certain consumer data breach notifications, and several incident response and cybersecurity considerations will be necessary to ensure compliance, say Matthew Meade and Laura Decker at Eckert Seamans.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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What To Make Of Dueling Corporate Transparency Act Rulings
Although challenges to the Corporate Transparency Act abound — as highlighted by recent federal court decisions from Alabama and Oregon taking opposite positions on its constitutionality — the act is still law, so companies should comply with their filing requirements or face the potential consequences, say attorneys at Lowenstein Sandler.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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California's AI Safety Bill Veto: The Path Forward
California Gov. Gavin Newsom's veto of a bill that sought to impose stringent regulations on advanced artificial intelligence model development has sparked a renewed debate on how best to balance innovation with safety in the rapidly evolving AI landscape, say Bobby Malhotra and Carson Swope at Winston & Strawn.
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New TCPA Rule Faces Uncertain Future Post-Loper Bright
The Federal Communications Commission's new rule aiming to eliminate lead generators' use of unlawful robocalls is now in doubt with the U.S. Supreme Court's Loper Bright decision, and the Eleventh Circuit's Insurance Marketing Coalition v. FCC is poised to be a test case of the agency's ability to enforce the Telephone Consumer Protection Act post-Chevron, say attorneys at Baker McKenzie.
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A Look At Calif.'s New AI Law For Health Insurers
A newly enacted California law prohibits artificial intelligence tools from making medical necessity determinations for healthcare service plans or disability insurers, addressing core questions that have arisen around AI's role in coverage decisions, say attorneys at DLA Piper.
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To Report Or Not To Report Others' Export Control Violations
A recent Bureau of Industry and Security enforcement policy change grants cooperation credit to those that report violations of the Export Administration Regulations committed by others, but the benefits of doing so must be weighed against significant drawbacks, including the costs of preparing and submitting a report, says Megan Lew at Cravath.
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Can SEC's Consolidated Audit Trail Survive Post-Chevron?
The U.S. Securities and Exchange Commission is currently in a showdown at the Eleventh Circuit over its authority to maintain a national market system and require that the industry spend billions to maintain its consolidated audit trail, a case that is further complicated by the Loper Bright decision, says Daniel Hawke at Arnold & Porter.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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How BIS' Rule Seeks To Encourage More Voluntary Disclosure
Updated incentives, penalties and enforcement resources in the Bureau of Industry and Security's recently published final rule revising the Export Administration Regulations should help companies decide how to implement export control compliance programs and whether to disclose possible violations, say attorneys at Freshfields.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.