Cybersecurity & Privacy

  • April 18, 2024

    $550K Fingerprint BIPA Deal Receives Ill. Judge's Initial OK

    An Illinois federal judge gave his early blessing Wednesday to a nearly $550,000 settlement between global food supplier Rich Products Corp. and hundreds of current and former employees who claimed the company illegally collected and used their scanned fingerprint data.

  • April 18, 2024

    Patient Data Breach Suit Should Be Tossed, Colo. Judge Says

    A judge has recommended that CommonSpirit Health be allowed to escape a proposed class action in Colorado federal court accusing it of failing to secure healthcare data leading to a breach affecting more than 600,000 patients, saying the complaint fails to "allege an injury-in-fact."

  • April 18, 2024

    Former NetApp, Xerox Lawyer Joins McGuireWoods In NY

    McGuireWoods LLP has hired the former in-house counsel of two Fortune 500 tech companies as a corporate technology and outsourcing team partner in New York, the firm said Thursday.

  • April 18, 2024

    Feds Seek Prison For Threats To China Democracy Activist

    Boston federal prosecutors want a Chinese national to serve nearly three years in prison for enlisting in the People's Republic of China's "network of censorship and repression" by threatening a former Berklee College of Music student for posting a pro-democracy flier on the school's campus.

  • April 18, 2024

    Ex-BigLaw Atty Can't Get Stalking Injunction Against Influencer

    A Florida state judge on Wednesday denied a former Greenberg Traurig LLP partner's request for a cyberstalking injunction against a social media influencer, saying the petitioner did not show enough evidence to justify it.

  • April 18, 2024

    Crypto Trader Convicted Of $110M Mango Markets Scam

    A Manhattan federal jury found a cryptocurrency trader guilty Thursday of illegally taking $110 million out of Mango Markets by inflating the value of its tokens, then borrowing against that valuation to suck money out of the decentralized exchange.

  • April 17, 2024

    House Sends Bill To Close Data Warrant 'Loophole' To Senate

    The U.S. House of Representatives on Wednesday narrowly advanced bipartisan legislation that would ban federal law enforcement and intelligence agencies from purchasing from data brokers personal information about Americans that they would otherwise need a warrant to obtain, despite the White House voicing opposition to the measure. 

  • April 17, 2024

    New TikTok Bill Gives More Time For Divestment

    A bill requiring ByteDance Ltd. to divest TikTok or face a ban in the U.S. was included in the package of national security bills House Republicans introduced on Wednesday, which gives a longer runway to sell the app than the one the House previously passed in March.

  • April 17, 2024

    'Fired Up': House Leaders Say Data Privacy Law Top Priority

    House Energy and Commerce Committee leaders said Wednesday that they are "fired up" to finally push long-running efforts to enact a federal data privacy framework across the finish line, although concerns about the scope of the proposal and desires to enhance digital safeguards for children threaten to derail this momentum. 

  • April 17, 2024

    ISPs Seek Clearer Preemption In Feds' Net Neutrality Draft

    With the Federal Communications Commission set to vote on net neutrality rules later this month, internet service providers are hoping the agency will clarify exactly how its orders trump state regulations on ISP conduct.

  • April 17, 2024

    Senate Scorn Suggests Election Strife For Biden On Trade

    Two White House announcements on Wednesday aimed at girding the U.S. industrial sector against Chinese competition did little to quell senators' frustrations over President Joe Biden's resolve to tackle unfair trade practices, adding pressure to Biden's reelection bid.

  • April 17, 2024

    Tinder, Hinge Seek Arb. In 'Preposterous' Addictive Apps Suit

    Allegations that the Tinder and Hinge dating apps are addictive and lead to compulsive use are "preposterous," Match Group told a California federal judge, arguing that not only are the claims baseless, but the consumers bringing them all signed arbitration agreements when they signed up for accounts.

  • April 17, 2024

    Clarify DMCA Carveout For AI Research, DOJ Says

    The U.S. Department of Justice is showing some support for a proposal that could allow researchers looking into biases in artificial intelligence programming to bypass laws that limit access to copyright-protected AI models.

  • April 17, 2024

    First-Of-Its-Kind Brain Data Privacy Bill Passes In Colo.

    Colorado Gov. Jared Polis on Wednesday signed a bipartisan bill to protect the privacy of individuals' brain activity, marking the first time in the United States that a law expands the definition of "sensitive data" to include biological and neural data.

  • April 17, 2024

    Liberty Mutual's Spyware Suit Halted Pending 3rd Circ. Appeal

    A proposed class action accusing Liberty Mutual of using software to track customers' actions on its website without consent was put on hold Wednesday by a Pennsylvania federal judge pending guidance from the Third Circuit in a similar case.

  • April 17, 2024

    SEC Has Careful Eye On Disclosures Amid Israel-Hamas War

    Against the backdrop of protracted war, the U.S. securities watchdog is urging U.S.-listed Israeli companies to disclose more details describing how the Israel-Hamas conflict is affecting their operations in order to keep investors apprised of risks, lawyers say.

  • April 17, 2024

    Trader's Alleged $110M Mango Markets Fraud In Jury's Hands

    A Manhattan federal jury weighed charges Wednesday against a cryptocurrency trader accused of illegally squeezing $110 million out of Mango Markets by inflating the finance platform's tokens, then borrowing against them, allegedly taking "supply and demand into his own hands."

  • April 17, 2024

    Bankman-Fried Appeal May Cite Unusual Preview Testimony

    Sam Bankman-Fried's appeal of his conviction and 25-year prison sentence may cite a "rather unprecedented" trial procedure in which the FTX founder gave provisional testimony before officially taking the witness stand last year, one of his attorneys said Wednesday.

  • April 17, 2024

    IBM Privacy Head Says AI Needs Transparency To Be Trusted

    To combat artificial intelligence-generated deepfakes, disinformation and bias requires transparent, open-sourced AI models and swift regulations that protect elections, creators and the public, says IBM's Chief Privacy & Trust Officer Christina Montgomery.

  • April 16, 2024

    House Panel Takes Aim At Change Healthcare, FTC Over Hack

    A House subcommittee exploring ways to boost cybersecurity in the healthcare industry on Tuesday blasted Change Healthcare for failing to take appropriate steps to block a damaging cyberattack that echoed another recent strike on critical infrastructure and the Federal Trade Commission for not stopping the provider from controlling such a large market share. 

  • April 16, 2024

    Corp. Transparency Act A Valid Use Of Powers, 11th Circ. Told

    The U.S. Department of Treasury told the Eleventh Circuit that a federal district court erred in finding the Corporate Transparency Act unconstitutional, saying the lower court misunderstood the law's scope and relation to efforts to curb financial crime.

  • April 16, 2024

    Justices Asked To Review Texas' Online Porn Age Check Law

    Texas' law requiring all visitors to adult-oriented websites to prove their age before accessing the content is unconstitutional under the First Amendment, a trade group for the pornography industry told the U.S. Supreme Court, seeking to overturn a split Fifth Circuit decision that allowed the age-verification requirement to go into effect.

  • April 16, 2024

    White House Opposes Bill To Close Data 'Loophole'

    The White House on Tuesday came out against a bipartisan bill that would prevent law enforcement and intelligence agencies from buying Americans' personal information, an issue critics say is a "loophole" to get around the Fourth Amendment of the U.S. Constitution.

  • April 16, 2024

    SEC Hit With Class Action Over Database Privacy Concerns

    A conservative think tank filed a lawsuit in Texas federal court Tuesday hoping to put an end to a U.S. Securities and Exchange Commission market surveillance tool known as the consolidated audit trail, arguing in the proposed class action that the database threatens to subject the personal information of tens of millions of American citizens to a possible data breach.

  • April 16, 2024

    CIA Says Litigating Assange Spying Suit Would Reveal Secrets

    The Central Intelligence Agency has asked a New York federal judge to toss a case accusing it of unlawfully spying on lawyers and journalists who met with WikiLeaks founder Julian Assange, saying it cannot address those allegations without revealing protected state secrets.

Expert Analysis

  • 4 Ways To Motivate Junior Attorneys To Bring Their Best

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    As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.

  • Decoding The FTC's Latest Location Data Crackdown

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    Following the Federal Trade Commission's groundbreaking settlements in its recent enforcement actions against X-Mode Social and InMarket Media for deceptive and unfair practices with regards to consumer location data, companies should implement policies with three crucial elements for regulatory compliance and maintaining consumer trust, says Hannah Ji-Otto at Baker Donelson.

  • Defense Attys Must Prep For Imminent AI Crime Enforcement

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    Given recent statements by U.S. Department of Justice officials, white collar practitioners should expect to encounter artificial intelligence in federal criminal enforcement in the near term, even in pending cases, say Jarrod Schaeffer and Scott Glicksman at Abell Eskew.

  • Series

    Serving As A Sheriff's Deputy Made Me A Better Lawyer

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    Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.

  • 10 Ransomware Issues GCs Should Have On Their Radar

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    As the ransomware threat landscape rapidly evolves, in-house counsel should expect to face a number of challenging dynamics, including the need to justify any ransom payments both to internal and external stakeholders, and data extortion demands that are bypassing the encryption stage, say attorneys at Alston & Bird.

  • Parsing Chinese Governance On AI-Generated Content

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    As essential risk-mitigation, companies with a China reach should be aware of recent developments in Chinese oversight of AI-generated content, including the latest rulings and regulations as well as the updated ambit for supervisory bodies, say Jet Deng and Ken Dai at Dacheng.

  • Series

    NJ Banking Brief: All The Notable Legal Updates In Q1

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    Early 2024 developments in New Jersey financial regulations include new bills that propose regulating some cryptocurrency as securities and protecting banks that serve the cannabis industry, as well as the signing of a data privacy law that could change banks’ responsibility to vet vendors and borrowers, say attorneys at Chiesa Shahinian.

  • Former Minn. Chief Justice Instructs On Writing Better Briefs

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    Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.

  • Unpacking The Complicated Question Of CIPA's Applicability

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    As the number of California Invasion of Privacy Act cases increases, more and more companies with little-to-no California presence are being hauled into California court, raising questions of when CIPA applies and to whom, says Matthew Pearson at BakerHostetler.

  • Stay Interviews Are Key To Retaining Legal Talent

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    Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.

  • What To Know About State-Level Health Data Privacy Laws

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    Companies that handle consumer health data, including those in the retail sector, should take a conservative approach when interpreting the scope of new health privacy laws in Washington, Nevada and Connecticut, which may include development of privacy notices, consent procedures, rights request response processes and processor contracts, say attorneys at Hunton.

  • HHS' Updated Tracking Tech Guidance Offers Little Clarity

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    The U.S. Department of Health and Human Services' Office for Civil Rights' updated guidance on the use of online tracking technologies appears more focused on legal issues raised in ongoing litigation with the American Hospital Association and less on practical guidance for covered entities, say attorneys at Sheppard Mullin.

  • And Now A Word From The Panel: Benefits Of MDL Transfers

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    A recent order from the Judicial Panel on Multidistrict Litigation highlights a critical part of the panel's work — moving cases into an existing MDL — and serves as a reminder that common arguments against such transfers don't outweigh the benefits of coordinating discovery and utilizing lead counsel, says Alan Rothman at Sidley Austin.

  • Ready Or Not, Big Tech Should Expect CFPB Surveillance

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    In light of the Consumer Financial Protection Bureau's proposed plan to supervise large companies providing the vast majority of digital money transfers, not only will Big Tech have to prepare for regulation previously reserved for traditional banks, but the CFPB will also likely face some difficult decisions and obstacles, says Meredith Osborn at Arnold & Porter.

  • 3 Cybersecurity Takeaways From White House Tech Report

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    Tech companies and software developers should take stock of the Biden administration's push for improved cybersecurity in a recent White House report, especially given that the report lays new building blocks related to potential liability for developers, say attorneys at Sidley.

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