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Cybersecurity & Privacy
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July 26, 2024
Cadwalader Suing Lloyd's Over Cyberattack Coverage Denial
Cadwalader Wickersham & Taft LLP has filed suit against insurer Lloyd's of London in North Carolina state court, alleging the company has failed to reimburse the law firm for expenses related to a November 2022 data breach.
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July 26, 2024
Bad Online Security Botched $800K Home Sale, Suit Says
A five-attorney Connecticut law firm's "archaic" email and computer systems allowed hackers to infiltrate an approximately $800,000 home sale and divert cash to fake accounts, a new federal lawsuit against Hastings Cohan & Walsh LLP and one of its attorneys alleges.
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July 26, 2024
Taxation With Representation: Wachtell, Polsinelli, Kirkland
In this week's Taxation With Representation, T-Mobile partners with KKR to acquire Metronet, Exclusive Networks gets a takeover offer, KKR buys Instructure Holdings Inc., and Bally's Corp. merges with The Queen Casino & Entertainment Inc.
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July 26, 2024
Fisher Phillips Adds 2 Partners To Its Nashville Office
Labor and employment firm Fisher Phillips has hired for its Nashville office a former in-house attorney for Peabody Energy and a lawyer who most recently held a public sector post in Tennessee.
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July 26, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen U.K. band The 1975 face action by Future Sound Asia after its performance in Malaysia resulted in a festival's cancelation, Spectrum Insurance hit by The Motoring Organization following their dispute over information misuse, and a former police constable pursue defamation against a colleague for allegedly instigating a campaign of harassment against her. Here, Law360 looks at these and other new claims in the U.K.
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July 26, 2024
Israeli Investigator Faces Jan. Hearing On Hacking Extradition
Israeli private investigator Amit Forlit will face a hearing in January to determine whether he will be extradited to the United States for allegedly conducting illegal hacking campaigns aimed at tarnishing organizations involved in environmental litigation, a London judge said Friday.
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July 25, 2024
Meta, Snap Can't Ignore Murder Case Subpoenas, Court Says
Social media companies' ability to access and use their customers' information means they fall outside the scope of the Stored Communications Act, a California appellate court has ruled, rejecting Meta Platforms Inc. and Snap Inc.'s argument that the SCA's disclosure limitations mean they can't comply with subpoenas in a murder case.
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July 25, 2024
IT Firm Says $1.5M Commerce Award Redo Not Routine
An IT consulting firm challenging a U.S. Department of Commerce corrective action on a $1.5 billion information technology deal made during ongoing bid protests told the Federal Circuit that the agency is undercutting its own position by claiming that such moves are routine.
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July 25, 2024
Wells Fargo Says Sham Enrollment Claims Are Too Old
A proposed class's claims accusing Wells Fargo of attempting to shortchange customers after surreptitiously signing them up for unwanted financial products are time-barred, vague and "implausible," and therefore cannot proceed, the bank told a California federal court.
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July 25, 2024
Google Wants To Keep 'Monopolistic Status Quo,' Epic Says
Epic Games assailed Google on Wednesday for overcomplicating and overpricing changes to the Play Store required by the gaming giant's antitrust jury win, arguing that what Google says are needed security and maintenance protocols are just the latest effort to relitigate the case and "weaken the remedy."
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July 25, 2024
Feds Unseal Indictment Against Fla. IT Worker in Spying Case
The U.S. Department of Justice has unsealed an indictment charging a Chinese-born American citizen with conspiring to act as an agent of the People's Republic of China, saying the PRC used the Florida information technology worker as a "cooperative contact" to support its intelligence goals.
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July 25, 2024
NJ Justices Uphold Yeshiva's Win In Defamation Suit
The New Jersey Supreme Court has upheld a ruling that the ministerial exception insulating religious employers from workplace tort claims protects an Orthodox Jewish school from a fired teacher's defamation claim over a letter sent to the community following an inquiry into allegations that he had interacted inappropriately with students.
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July 25, 2024
Prime Subscribers Say Amazon Can't Dodge Privacy Suit
A group of Prime subscribers told a federal court on Wednesday that Amazon cannot sidestep privacy claims in their proposed class action, arguing the possibility the tech giant shares their personal information with advertisers is enough to keep the case alive.
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July 25, 2024
Samsung Might Not Control Face App Data, Ill. Judge Rules
An Illinois federal judge on Wednesday threw out a putative class action alleging facial-recognition technology in an application on Samsung smartphones and tablets violates the state's privacy law, saying while the company controls the app and its technology, there's no claim it receives the app's data or even has access to it.
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July 25, 2024
11th Circ. Sets Briefing Schedule In Mar-A-Lago Docs Appeal
Briefing in special counsel Jack Smith's appeal of the dismissal of the classified documents criminal case against former President Donald Trump will run through mid-October, according to a scheduling notice from the Eleventh Circuit on Thursday.
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July 25, 2024
Deals Rumor Mill: Wiz-Google, Daily Telegraph, Medline IPO
Cybersecurity startup Wiz has rebuffed a buyout offer from Google, former British finance minister Nadhim Zahawi is preparing a $773 million bid for the Daily Telegraph, and medical supplies giant Medline is preparing an initial public offering for 2025. Here, Law360 breaks down these and other notable deal rumors from the past week.
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July 24, 2024
Delta Air Targeted In DOT Probe Following Global Tech Outage
Delta Air Lines is being investigated by the U.S. Department of Transportation over its handling of massive flight cancellations since the global outage Friday that left passengers stranded in airports waiting hours to reach customer service representatives and resulting in thousands of complaints, the agency announced Wednesday.
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July 24, 2024
Google, Ill. Parents Reach Deal In Grade School BIPA Dispute
Google and parents who accused the tech giant of illegally harvesting their grade school daughters' biometric data have reached a settlement in the putative class action and want the suit sent back to state court to finalize the agreement, they have told an Illinois federal judge.
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July 24, 2024
IPhone Users Push For Apple Docs On Korea, EU App Stores
Plaintiffs in the ongoing App Store antitrust suit are accusing Apple of stonewalling their effort to obtain documents detailing procompetitive changes the company made to the online marketplace in South Korea and Europe, saying the tech giant won't turn over the information because it'd undermine Apple's core defense.
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July 24, 2024
22% Of FINRA Member Firms Join Remote Inspection Program
The Financial Industry Regulatory Authority said Wednesday that 741 firms have opted to participate in a new pilot program for remote inspections of broker-dealers, representing a 22% share of the regulator's member firms.
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July 24, 2024
Ex-US Army Worker Gets 15 Years For $109M Fraud Scheme
A former U.S. Army civilian employee will spend 15 years in prison for stealing nearly $109 million from a grant program meant for military dependents and their families to buy a fleet of luxury vehicles, jewelry and houses, federal prosecutors announced.
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July 24, 2024
Carrier, Ex-Salesman Reach Deal In Trade Secrets Case
Florida-based Carrier Corp. and one of its former salesmen reached an agreement Wednesday in the company's lawsuit alleging theft of its trade secrets, with the ex-employee promising a Connecticut federal court that he won't share protected information from his previous job and will allow searches of his electronic devices.
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July 24, 2024
Watchdog Clears DOJ In 'Unusual' Roger Stone Sentencing
The Justice Department did not bow to political pressure to push for a more lenient sentence for former President Donald Trump's longtime adviser Roger Stone, but the way in which the department handled the sentencing was "highly unusual" and the result of a U.S. attorney's poor leadership, according to a watchdog report released Wednesday.
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July 24, 2024
Holland & Knight Media, Privacy Atty Joins Ballard Spahr
A former Holland & Knight LLP litigator and onetime NBCUniversal chief privacy officer is bringing her diverse practice spanning data privacy and media law to Ballard Spahr LLP's New York office, the firm announced Wednesday.
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July 24, 2024
Legal Tech Co.'s $1.3M Data Privacy Deal Gets OK'd
A Kansas federal judge granted preliminary approval to a proposed $1.3 million settlement between a data and professional services company catering to law firms and a class of thousands of its customers and employees, who said their personal information was stolen in a March 2023 data breach that exposed 200 gigabytes of sensitive information.
Expert Analysis
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What TikTok's Race Against The Clock Teaches Chinese Firms
The Biden administration's recent divestiture deadline on TikTok parent ByteDance provides useful information for other China-based companies looking to do business in the U.S., including the need to keep products for each market separate and implement firewalls at the design stage, says Richard Lomuscio at Stinson.
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Updated Federal Rules Can Improve Product Liability MDLs
The recent amendment of a federal evidence rule regarding expert testimony and the proposal of a civil rule on managing early discovery in multidistrict legislation hold great promise for promoting the uniform and efficient processes that high-stakes product liability cases particularly need, say Alan Klein and William Heaston at Duane Morris.
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Lean Into The 'Great Restoration' To Retain Legal Talent
As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.
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AI-Generated Soundalikes Pose Right Of Publicity Issues
Artificial intelligence voice generators have recently proliferated, allowing users to create new voices or manipulate existing vocals with no audio engineering expertise, and although soundalikes may be permissible in certain cases, they likely violate the right of publicity of the person who is being mimicked, says Matthew Savare at Lowenstein Sandler.
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Beware Of Trademark Scammers Leveraging USPTO Data
Amid a recent uptick in fraudulent communications directed at trademark applicants, registrants must understand how to protect themselves and their brand from fraudulent schemes and solicitation, say Michael Kelber and Alexandra Maloney at Neal Gerber.
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.
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A Look At US-EU Consumer Finance Talks' Slow First Steps
The unhurried and informal nature of planned discussions between the U.S. Consumer Financial Protection Bureau and the European commissioner for justice and consumer protection suggests any coordinated regulatory action on issues like AI and "buy now, pay later" services is still a ways off, say attorneys at DLA Piper.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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Calif. Web Tracking Cases Show Courts' Indecision Over CIPA
Several hundred cases filed to date, and two recent conflicting rulings, underscore California courts' uncertainty over whether the use of web analytics tools to track users' website interactions can give rise to a violation of the California Invasion of Privacy Act, says Patricia Brum at Snell & Wilmer.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.
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Takeaways From SEC's New Data Breach Amendments
The U.S. Securities and Exchange Commission's recent amendment of its consumer privacy rules to require investment advisers and broker-dealers to put procedures in place to uncover data breaches and report them to customers evidences that protecting client records and information remains an SEC priority, say attorneys at Simpson Thacher.
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.
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'Food As Health' Serves Up Fresh Legal Considerations
The growth of food as medicine presents a significant opportunity for healthcare organizations and nontraditional healthcare players to improve patient outcomes and reduce costs, though these innovative programs also bring compliance considerations that must be carefully navigated, say attorneys at McDermott.
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Series
In The CFPB Playbook: Regulatory Aims Get High Court Assist
Newly emboldened after the U.S. Supreme Court last month found that the Consumer Financial Protection Bureau's funding is constitutional, the bureau has likely experienced a psychic boost, allowing its already robust enforcement agenda to continue expanding, say attorneys at Husch Blackwell.
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Novel Web Privacy Suits Under Calif. Credit Card Law From '71
A new surge in web-tracker litigation could make application of the California Song-Beverly Credit Card Act far more complex, despite the law far predating the rise of e-commerce, as plaintiffs continue to push the bounds of privacy litigation in the Golden State, say Matthew Pearson and Desirée Hunter-Reay at BakerHostetler.