Cybersecurity & Privacy

  • March 18, 2024

    Meta Wants Emergency Stop Of FTC Privacy Tweaks

    Meta is seeking an immediate injunction to halt the Federal Trade Commission's changes to its 2020 settlement with the company, asking the D.C. Circuit to hear its appeal before the social media giant must respond to a show cause order on why the deal shouldn't be modified.

  • March 18, 2024

    Texas Hospital Loses Bid To Dismiss Patients' Hack Suit

    A Texas federal judge handed a win to the plaintiffs suing a hospital system in the aftermath of a hack that saw hundreds of patients' data pilfered, dismissing some of the claims in the proposed class action but allowing the suit to move forward after a hearing Monday.

  • March 18, 2024

    SEC's Grewal Defends 'Shadow Trading' Case Ahead Of Trial

    The enforcement director of the U.S. Securities and Exchange Commission on Monday defended the agency's stance in a novel "shadow trading" case one week before it's set to go to trial, saying that while it's the first case of its kind, the underlying allegations aren't new.

  • March 18, 2024

    GOP Rep. Calls For Crackdown On EV Threats From China

    Rep. Jim Banks, R-Ind., a member of the House select committee on China's Communist Party and a U.S. Senate candidate, has asked the Commerce Department to investigate the imports of electronic vehicles and their components and the possible security threats to the United States from electronics from China.

  • March 18, 2024

    Vidal Tells PTAB To Try Defining 'Biometric Signal' Again

    The head of the U.S. Patent and Trademark Office has thrown out decisions from the Patent Trial and Trademark Board that found Assa Abloy was unable to show two biometric patents were unpatentable, saying the PTAB used a definition of a critical term that wasn't proposed by Assa Abloy or the patent owner.

  • March 18, 2024

    Amazon Again Tries To Sink NBA 2K Facial Scan Claims

    Amazon is insisting it did not run afoul of Illinois' biometric privacy law, saying an amended complaint in a proposed class action in Washington federal court has failed to show the e-commerce company's cloud service collected or disclosed facial scans of teens playing the hit game NBA 2K.

  • March 18, 2024

    Voyager Investors Suing Mark Cuban Seek Class Cert.

    Investors suing billionaire Mark Cuban over his role in promoting now-bankrupt Voyager Digital Ltd. have pushed for class certification and urged the court to rule that Voyager was selling unregistered securities.

  • March 18, 2024

    Apple Beats Most Claims In AirTag Stalking Suit, For Now

    A California federal judge has dismissed the majority of a proposed class action accusing Apple of not doing enough to safeguard its AirTag tracking device from being abused by stalkers, saying that apart from a few negligence and product liability claims under Golden State law, the rest need to be reworked.

  • March 18, 2024

    New York Magazine Urges Judge To Toss Reader Privacy Suit

    New York Magazine says it has too few Michigan-based subscribers for them to maintain a class action under a Michigan consumer privacy law, urging a judge to toss claims that it wrongfully disclosed readers' data to third parties.

  • March 18, 2024

    High Court Doubts Feds Coerced Social Media Cos.

    A majority of the U.S. Supreme Court appeared unconvinced Monday that the Biden administration violated the First Amendment by working with social media platforms to combat the spread of misinformation, often chiding Louisiana's solicitor general for presenting confusing and overly expansive arguments.

  • March 18, 2024

    Conn. Judge Won't Halt Ex-Yale Student's Case After 'Doxxing'

    A Connecticut federal judge determined Monday that acquitted former Yale University student Saifullah Khan's decision to reveal his onetime sexual assault accuser's name on X, the social media site formerly known as Twitter, isn't fatal to a defamation lawsuit against the woman despite an anonymity order.

  • March 18, 2024

    Mass. Law Firm Can't Escape Ex-Client's Data Breach Case

    A small Massachusetts law firm will have to face an ex-client's proposed class action claiming it was negligent and failed to protect her and others' personal information from hackers who breached the firm's computers and stole data, a Boston federal judge has ruled.

  • March 18, 2024

    Google Defeats BIPA Suit Over IBM Face Dataset, For Now

    Google has defeated a proposed class action by Illinois residents who accused the company of violating the state's biometric privacy laws with facial data collected by IBM, after a California federal judge said their claims don't establish that Google's alleged violations took place in the Prairie State.

  • March 16, 2024

    Up Next At High Court: Gov't Jawboning & Retaliatory Arrests

    The U.S. Supreme Court has a packed oral arguments calendar this week that includes disputes over the Biden administration's work with social media companies to combat misinformation, the appropriate evidence standard for bringing retaliatory arrest claims and whether the federal government can object to a consent decree entered into by three states.

  • March 15, 2024

    Man Accused Of Cyberstalking NJ Judge Seeks Release

    A man representing himself after being indicted on allegations of cyberstalking a New Jersey judge urged a California federal judge on Friday to release him from custody pending trial, complaining he was initially charged with making threats against numerous officials, but the single cyberstalking count he now faces isn't cause to hold him.

  • March 15, 2024

    Google Wants Facebook Pact Kept Out Of Ad Tech Discovery

    Google urged a Texas federal judge on Friday to reject state-level enforcers' bid to lift a stay on discovery for documents related to a bidding agreement between Google and Facebook in the suit accusing the search giant of monopolizing key digital ad technology, saying the plaintiffs' antitrust claims based on the agreement have already been dismissed.

  • March 15, 2024

    FTC Inks $26M Deal With Two Cypriot Tech Scheme Cos.

    The Federal Trade Commission said it has reached a $26 million settlement in D.C. federal court with two Cyprus-based companies that it accuses of defrauding elderly consumers out of tens of millions of dollars in a tech support scam.

  • March 15, 2024

    Meta Can't Block FTC Plans To Stop Kids' Data Monetization

    Meta filed its second appeal Friday after suffering another D.C. federal court loss against proposed Federal Trade Commission tweaks to a $5 billion data privacy settlement meant to block its monetization of children's data.

  • March 15, 2024

    Roblox's Casino Games Are 'Preying On Children,' Suit Says

    Online game platform Roblox Corp. has been hit with another proposed class action suit in California federal court accusing it and other companies of "preying on children nationwide" through an "illegal gambling ecosystem" that specifically targets minors.

  • March 15, 2024

    Indian National Admits $6M Elder Tech Support Scam

    An Indian citizen pled guilty in New York federal court Friday to participating in a conspiracy to defraud elderly victims of more than $6 million through a telephone technical support scheme that infected their computers with malware.

  • March 15, 2024

    TikTok Wants 'Bad Copycat' Suit Over Editing App Tossed

    TikTok and ByteDance urged an Illinois federal judge to end a proposed class action alleging they secretly collect and profit from data gathered from users of its CapCut video-editing tool, arguing the plaintiffs voluntarily downloaded the app and granted it permission to access certain types of data. 

  • March 15, 2024

    Didi Can't Shake Investor Class Over Regulatory Disclosures

    A New York federal judge has ruled that Chinese ride-hailing giant Didi Global Inc. cannot escape a class action suit claiming it misled investors about the risks of a disciplinary crackdown from the Chinese government over alleged data security violations, saying the risk disclosures Didi provided investors were insufficient.

  • March 15, 2024

    Cybersecurity Co. Co-Founder Must Face SEC Fraud Claims

    A New York federal judge determined that the U.S. Securities and Exchange Commission has sufficiently alleged that the co-founder of a now-bankrupt cybersecurity company raked in over $6.2 million in ill-gotten gains by participating in a fraudulent securities scheme that defrauded investors of over $100 million.

  • March 15, 2024

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

    A social media influencer urged a Florida federal court on Thursday to throw out a request from former Greenberg Traurig LLP patent attorney Allan Kassenoff for an injunction against cyberstalking as the lawyer pursues a $150 million defamation suit against him.

  • March 14, 2024

    GM, LexisNexis Sued For Sharing Driving Data With Insurers

    A Florida driver claims his insurance rate doubled because General Motors and its OnStar unit collected driving data through his Cadillac without permission and shared the information with LexisNexis Risk Solutions, which created a vague driving behavior report that insurance companies use to determine coverage, according to a putative federal class action.

Expert Analysis

  • No AI FRAUD Act Is A Significant Step For Right Of Publicity

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    The No Artificial Intelligence Fake Replicas and Unauthorized Duplications Act's proposed federal right of publicity protection, including post-mortem rights, represents a significant step toward harmonizing the landscape of right of publicity law, Rachel Hofstatter and Aaron Rosenthal at Honigman.

  • Series

    Cheering In The NFL Makes Me A Better Lawyer

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    Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.

  • Keeping Up With Class Actions: Data Breach Litigation In Flux

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    In this monthly look at notable class action decisions, Gerald Maatman at Duane Morris examines a recent mixed-bag data breach ruling from an Illinois federal court — in the context of case law developments over the last year — which illustrates the range of issues confronting litigants going forward.

  • Considerations For Disclosing AI Use In SEC Filings

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    Recent remarks from U.S. Securities and Exchange Commission Chair Gary Gensler should be heard as a clarion call for public companies to disclose artificial intelligence use, with four takeaways on what companies should disclose, says Richard Hong at Morrison Cohen.

  • Using Arbitration And Class Waivers As Privacy Suit Tools

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    Amid a surge in data breach class actions over the last few years, several federal court decisions indicate that arbitration clauses and class action waiver provisions can be possible alternatives to public court battles and potentially reduce the costs of privacy litigation, say Mark Olthoff and Courtney Klaus at Polsinelli.

  • 6 Pointers For Attys To Build Trust, Credibility On Social Media

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    In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.

  • 5 Lessons For SaaS Companies After Blackbaud Data Breach

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    Looking at the enforcement actions that software-as-a-service provider Blackbaud resolved with state attorneys general, the U.S. Securities and Exchange Commission and the Federal Trade Commission in the past year can help SaaS companies manage these increasingly common forms of data breaches, say attorneys at Orrick.

  • SEC Regs Give Banks Chance To Step Up Cyber Safety Game

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    Just as the Sarbanes-Oxley Act forced financial institutions to undertake best practices in recordkeeping, the U.S. Securities and Exchange Commission’s recently effective cybersecurity regulations stand to similarly drive those same enterprises to seek out and implement best practices in cybersecurity, to everyone's benefit, says James Gerber at SimSpace.

  • A Post-Mortem Analysis Of Stroock's Demise

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    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

  • How DOD Can Improve Flexibility Under Proposed Cyber Rule

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    The U.S. Department of Defense should carefully address some of the more nuanced aspects of the Cybersecurity Maturity Model Certification program to avoid unintended consequences, specifically the proposal to severely limit contractor use of plans of actions and milestones, say Joshua Duvall at Maynard Nexsen and Sandeep Kathuria at L3Harris Technologies.

  • Understanding SEC's Focus Amid Lack Of Final AI Rules

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    Although the U.S. Securities and Exchange Commission's proposed rules to govern artificial intelligence are likely far from being finalized, understanding existing regulatory provisions that could address AI risks with respect to development, disclosure, compliance and data protection could help firms anticipate and avoid pitfalls, say attorneys at Skadden.

  • What's On The Horizon In Attorney General Enforcement

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    A look at recent attorney general actions, especially in the areas of antitrust and artificial intelligence, can help inform businesses on what they should expect in terms of enforcement trends as 10 attorney general races play out in 2024, say attorneys at Cozen O'Connor.

  • $32.4M Fine For Info Disclosure Is A Stark Warning For Banks

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    The New York State Department of Financial Services and the Federal Reserve's fining of a Chinese state-owned bank $32.4 million last month underscores the need for financial institutions to have policies and procedures in place to handle confidential supervisory information, say attorneys at Sidley.

  • Navigating The FCC's Rules On AI-Generated Robocall Voices

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    The Federal Communications Commission's declaratory ruling issued last week extends the agency's regulatory reach under the Telephone Consumer Protection Act to calls that use artificial intelligence technology to generate voices, laying out a compliance roadmap, but not making AI-cloned voices in robocalls illegal per se, say attorneys at Wiley Rein.

  • Series

    Coaching High School Wrestling Makes Me A Better Lawyer

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    Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.

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