Microsoft's attorneys at Dechert LLP fired back Tuesday at Delta Air Lines' recent threat to pursue litigation to recoup hundreds of millions in losses from last month's global CrowdStrike outage, saying the airline repeatedly refused Microsoft's offer for technical assistance.
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Cybersecurity & Privacy
WEDNESDAY, AUGUST 7, 2024 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

Microsoft's Dechert Attys Slam Delta On Outage Suit Threat

By Dorothy Atkins

Microsoft's attorneys at Dechert LLP fired back Tuesday at Delta Air Lines' recent threat to pursue litigation to recoup hundreds of millions in losses from last month's global CrowdStrike outage, saying the airline repeatedly refused Microsoft's offer for technical assistance.

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Cable Biz Likely To Oppose Cybersecurity Reporting Rules

By Christopher Cole

Cable providers bristled at federal agencies' plans to impose new requirements aimed at beefing up network security, arguing that rules for reporting cyberattacks within certain time frames and sharing detailed security plans would be overly burdensome.

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Lensa AI App Creator Shakes Ill. Biometric Privacy Suit

By Allison Grande

An Illinois federal judge on Tuesday tossed a proposed class action accusing the developer of a popular "magic avatar" app of unlawfully harvesting biometric data to fuel its service, finding that the plaintiff had failed to show that his information was included in the massive database relied on by the company. 

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Lowe's Must Face Retail Logistics Co.'s Software IP Suit

By Ryan Harroff

Lowe's Home Centers LLC lost its bid to dismiss a retail logistics company's claims it ripped off a merchandise return management software and breached its contract with that software's manufacturer, with a North Carolina federal judge declining to fully toss any of the claims but flagging that some contradicted each other.

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Cadwalader Slams Lloyd's For 'Needless' Disclosure, Mockery

By Emily Sawicki

Cadwalader Wickersham & Taft LLP has opposed a bid by a Lloyd's of London syndicate to unseal the law firm's complaint seeking $1 million of coverage for a November 2022 data breach, telling the North Carolina Business Court that Lloyd's has chosen to "mock and insult their own customer" while exposing confidential information in its filing to the court.

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DC Circ. Says CIA Can No-Admit, No-Deny Gitmo Docs

By Daniel Wilson

The D.C. Circuit ruled Tuesday that the CIA could refuse to confirm the existence of documents related to its control of detainees at Guantánamo Bay, rejecting a military lawyer's arguments that those records were already public knowledge.

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ENFORCEMENT

NYC Prof Found Guilty Of Acting As A Secret Chinese Spy

By Gina Kim

A Brooklyn federal jury on Tuesday unanimously convicted an academic and author of secretly acting as an agent of the Chinese government by feeding information about Chinese dissidents and pro-democracy activists to China's intel service, following a weeklong jury trial, according to the U.S. Attorney's Office for the Eastern District of New York.

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Convicted Mango Markets Crypto Trader Wants Acquittal

By Aislinn Keely

The crypto trader who was convicted of fraudulently draining more than $100 million from trading platform Mango Markets told a Manhattan federal judge that he should be fully acquitted on the grounds that federal prosecutors failed to prove at trial that he violated the law. 

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LITIGATION

Testing Lab Can't Add Bad Faith Claims In Income Loss Case

By Jennifer Mandato

A Pennsylvania federal judge found Tuesday that a prior agreement between a medical testing lab and its insurer expressly precluded added allegations that the insurer acted in bad faith while handling the lab's claim for loss of records and business income.

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Pennsylvania Hospital Gets Data Breach Suit Whittled

By P.J. D'Annunzio

A Pennsylvania federal judge has shaved two counts off of a data breach lawsuit against Prospect Medical Holdings Inc., rejecting the hospital operator's argument that the plaintiffs lacked standing to bring the suit but agreeing that not all of them stated valid claims.

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DEALS

AI Security Biz Sets Sights On IPO After $5.1B Valuation

By Jade Martinez-Pogue

Artificial intelligence company Abnormal Security, advised by Cooley LLP, announced Tuesday that it has hit a $5.1 billion valuation after closing its Series D funding round with $250 million in tow.

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Gibson Dunn Guiding Veritas On $2.45B Cloud Banking Buy

By Al Barbarino

Gibson Dunn is advising Veritas Capital on a deal to purchase the cloud-based digital banking business of NCR Voyix Corp., represented by King & Spalding, for $2.45 billion in cash plus a potential future payment of up to $100 million, NCR Voyix said in a statement Tuesday.

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EXPERT ANALYSIS

SolarWinds Ruling Offers Cyber Incident Response Takeaways

The New York federal court's dismissal of all charges related to the 2019 Sunburst cyberattack is a devastating blow to the U.S. Securities and Exchange Commission's cybersecurity case against SolarWinds, but the well-reasoned opinion provides valuable lessons that may improve companies' defensive posture in the wake of a major cybersecurity incident, say attorneys at Troutman Pepper.

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The Road Ahead For Regulation Of Digital Twins In Healthcare

Digital replicas of cells, organs and people — known as digital twins — can facilitate clinical trials for new drugs by reducing the number of patients required, but data limitations can create logistical hurdles and regulatory efforts addressing digital twins are still in early stages, say consultants at Keystone Strategy.

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Series

Teaching Scuba Diving Makes Me A Better Lawyer

As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.

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LEGAL INDUSTRY

Audio

A New Take On 'Presumed Innocent' With Scott Turow

By Steven Trader

A staple of the legal thriller genre for nearly 40 years, Scott Turow’s bestselling novel and blockbuster movie "Presumed Innocent" returned to the screen this year as an eight-episode miniseries on Apple. In a spoiler-free conversation with Law360, the author discusses evolving his characters for their television debut and the lasting legacy of his most famous work.

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Quinn, Jenner Attys Tapped For Trump Shooting Inquiry

By Courtney Bublé

The Republican staff on the newly formed bipartisan task force to investigate the assassination attempt of former President Donald Trump includes Capitol Hill and legal veterans, among them attorneys from Quinn Emanuel Urquhart & Sullivan LLP and Jenner & Block LLP.

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Analysis

Google 'May Not Be So Lucky' Next Time Over Chat Deletions

By Bryan Koenig

Google's stunning antitrust loss in D.C. federal court Monday dealt another blow against its policies of letting internal chats delete automatically, and it came with a callout of its practice of training employees to avoid competition law "buzzwords."

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10th Circ. Won't Undo Atty Fees In $1.5B Syngenta Corn Deal

By Lauren Berg

The Tenth Circuit on Wednesday backed a Kansas federal judge's allocations of attorney fees to three law firms representing individual claimants in multidistrict litigation over Syngenta's genetically modified corn that was resolved by a $1.5 billion class settlement, finding that the firms' arguments strayed from the issue at hand.

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'Something Sketchy Was Going On,' Girardi Client Tells Jury

By Craig Clough

A man horribly injured in a gas explosion told a Los Angeles federal jury Wednesday that Tom Girardi lied to him for years about the true details of his civil settlement and withheld millions he was owed, but it took him years to figure out "something sketchy was going on."

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Bid For Ex-Judge's Phone Records Halted At Texas Hearing

By Catherine Marfin

A Texas bankruptcy judge shut down a bid from JCPenney's bankruptcy administrator to subpoena former Judge David R. Jones' cellphone records in a partially sealed hearing Wednesday in connection with Jones' secret romance with a onetime lawyer at Jackson Walker LLP.

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DOJ Urges DC Judge To Toss Special Counsel Tapes Fight

By Ali Sullivan

A lawsuit from House Judiciary Committee Republicans seeking to force the handover of audiotapes from President Joe Biden's interviews with special counsel Robert Hur is an "inter-branch dispute" that does not belong in federal court, the U.S. Department of Justice told a D.C. federal judge Tuesday.

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Khan 'Impermissibly Conflicted' In Cyber Probe, MGM Says

By Ali Sullivan

MGM Resorts International fought Wednesday to keep alive its lawsuit accusing the Federal Trade Commission of wrongly refusing to recuse chair Lina Khan from an investigation into the company's data security practices, arguing that its case involves core constitutional issues that belong in the D.C. federal court.

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Judge Hints No-Show Amazon, Apple Plaintiff May Testify

By Greg Lamm

A Washington federal judge suggested Wednesday that the original lead plaintiff in an antitrust suit accusing Amazon and Apple of restricting iPhone and iPad sales may need to testify despite his lawyers wanting to drop him from the case, questioning if it would be fair to let the plaintiff continue to dodge long overdue discovery demands.

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'Herculean' Efforts Warrant Max Fee, Debt Firm Trustee Says

By Daniel Connolly

A California bankruptcy trustee overseeing the failed debt relief law firm Litigation Practice Group has told the court he deserves the maximum fee amount and possibly a bonus due to the "herculean" efforts of himself and his colleagues — a statement that comes at a time when the bankruptcy estate appears to have little money to pay more than 2,500 creditors.

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LAW FIRMS IN TODAY'S NEWS

Armstrong Teasdale

Bell Davis & Pitt PA

Bochner PLLC

Boies Schiller

Cadwalader Wickersham

Cohen & Malad

Cooley LLP

DLA Piper

Davis Wright Tremaine LLP

Day Pitney

Dechert LLP

Dinsmore & Shohl

Duane Morris

Fox Rothschild

Gibson Dunn

Girardi & Keese

Gray Reed

Gray Ritter

Hagens Berman

Hare Wynn

Horst Krekstein

Hunton Andrews

Jackson Walker LLP

Jenner & Block

Keegan & Baker

Kevin Kerveng

King & Spalding

Litigation Practice Group

Marshack Hays

Milberg Coleman

MoloLamken

Moore & Van Allen

Morgan & Morgan

Nelson Mullins

Norton Rose

Orrick Herrington

Paul Byrd Law Firm

Paul Hastings

Quinn Emanuel

Robinson Bradshaw

Rusty Hardin & Associates

Saltz Mongeluzzi

Shook Hardy

Sidley Austin

Srourian Law Firm

Stranch Jennings

Strauss Borrelli

Streusand Landon

Stueve Siegel

Susman Godfrey

Talkin Muccigrosso

Troutman Pepper

Waymaker LLP

Weil Gotshal

Winston & Strawn

Winthrop Golubow

COMPANIES IN TODAY'S NEWS

ACA Connects - America's Communications Association

Amazon.com Inc.

American Civil Liberties Union

Apple Inc.

Avatar Holdings Inc.

Axial Networks Inc.

Axon Enterprise Inc.

Berkshire Hathaway Inc.

Center for Internet Security

CrowdStrike Holdings Inc.

Dana-Farber Cancer Institute Inc.

Dassault Systemes SE

Delta Air Lines Inc.

Epic Games Inc.

FTI Consulting Inc.

Genesis Diagnostics

George Washington University

Getty Images Holdings Inc.

Google LLC

Greylock Partners

Instagram Inc.

International Business Machines Corp.

J.C. Penney Co. Inc.

KKR & Co. Inc.

Keystone Strategy LLC

LinkedIn Corp.

Los Angeles Times

Lowe's Cos. Inc.

MGM Resorts International

Martha Stewart Living Omnimedia Inc.

Menlo Ventures

Meta Platforms Inc.

Microsoft Corp.

NCR Voyix Corp.

NVIDIA Corp.

PG&E Corp.

Prospect Medical Holdings Inc.

Royal Bank of Canada

Salesforce.com Inc.

Sanofi

Siemens AG

Signify N.V.

Snap Inc.

SolarWinds Corp.

Spotify Technology SA

Syneos Health Inc.

Syngenta AG

T-Mobile US Inc.

The State University of New York

Toys R Us Inc.

Verily Life Sciences LLC

Veritas Capital Fund Management LLC

GOVERNMENT AGENCIES IN TODAY'S NEWS

Central Intelligence Agency

City and County of San Francisco, California

Federal Bureau of Investigation

Federal Communications Commission

Federal Trade Commission

Food and Drug Administration

International Monetary Fund

National Aeronautics and Space Administration

National Institute of Standards and Technology

U.S. Attorney's Office

U.S. Attorney's Office for the Central District of California

U.S. Attorney's Office for the Eastern District of New York

U.S. Attorney's Office for the Southern District of New York

U.S. Court of Appeals for the District of Columbia Circuit

U.S. Court of Appeals for the Tenth Circuit

U.S. Department of Defense

U.S. Department of Homeland Security

U.S. Department of Justice

U.S. Department of Transportation

U.S. District Court for the Central District of California

U.S. District Court for the District of Columbia

U.S. District Court for the Eastern District of New York

U.S. District Court for the Eastern District of Pennsylvania

U.S. District Court for the Northern District of Illinois

U.S. District Court for the Southern District of New York

U.S. District Court for the Western District of Washington

U.S. House of Representatives

U.S. Securities and Exchange Commission

U.S. Supreme Court