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Cybersecurity & Privacy
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October 02, 2024
Epic's Samsung, Google Cases Over Play Store Linked
The judge mulling what changes Google will have to make after a jury found its Play Store policies violate antitrust law will also oversee a new case filed by Epic Games accusing Samsung of helping Google preemptively undermine any fix imposed by the court.
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October 02, 2024
Colo. Judge Sees No Injuries In Health Data Breach Class Suit
A Colorado federal judge has dismissed a proposed class action alleging a software company waited nearly three months to tell data breach victims about hackers accessing personal and medical information for more than 250,000 people, concluding the plaintiffs' allegations weren't enough to give them standing.
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October 02, 2024
Top 3 Groups Lobbying The FCC
The Federal Communications Commission heard from advocates more than 100 times in September on the FCC's effort to clamp down on scam robocalls, rules to spur broadband deployment, revamping the 4.9 gigahertz airwaves, satellite spectrum and more.
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October 02, 2024
NY Man Posed As Exec To Steal $810K Tax Refund, Feds Say
A New York man has been charged with intercepting an unnamed Connecticut investment firm's $810,337 tax refund and then impersonating an executive of the company to steal most of it.
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October 02, 2024
TikTok Can't End Browser Privacy MDL
An Illinois federal judge on Tuesday held TikTok and parent company ByteDance to multidistrict litigation in which users claim the video platform's in-app browser illegally tracks activity on third-party sites, and gave the plaintiffs a chance to replead one claim under California law.
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October 02, 2024
Wells Fargo Says Atty Can't Blame It For Getting Scammed
Wells Fargo has asked a Colorado state judge to dismiss claims brought by an attorney and conservative political figure alleging the bank failed to cancel his wire transfer from a client's account to what ended up being a scammer's Hong Kong account.
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October 02, 2024
Georgia Moves To Block, Appeal Ruling Against Abortion Ban
The Georgia attorney general's office, as promised earlier this week, moved swiftly Tuesday to halt and appeal a Fulton County judge's decision that struck down for the second time the state's so-called heartbeat abortion ban, which prohibits most abortions after six weeks.
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October 02, 2024
ExecuPharm Agrees To Pay Ransomware Victims $10K Each
U.S. pharmaceutical giant ExecuPharm will pay victims of a data breach up to $10,000 in reimbursements, compensation for lost time, three years of credit monitoring, and $675,000 in attorney fees after a Pennsylvania federal judge gave his final approval to a class action settlement.
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October 02, 2024
Abortion Clinic To Get Early Discovery In Patient Spying Case
A Massachusetts federal judge said Wednesday that an abortion clinic should get expedited discovery into its claims that a neighboring "pregnancy resource center" illegally infiltrated its patient communications in an attempt to derail appointments.
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October 01, 2024
Meta Must Face Bulk Of Social Media Harms Securities Suit
A California federal judge on Monday trimmed but refused to throw out a proposed securities class action claiming Meta Platforms Inc. and its executives misled investors about the harmful effects of social media, finding that the investors pointed to plausibly misleading statements regarding mental health and keeping children safe.
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October 01, 2024
Jefferson Health Can't Ditch Suit Over Meta Data Sharing
A Pennsylvania federal judge has refused to toss a proposed class action accusing Jefferson Health of unlawfully sharing patients' confidential health information with Meta Platforms Inc., finding that the plaintiffs had cured prior deficiencies to adequately support their wiretap and privacy claims.
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October 01, 2024
From AI To Enviro: The Top Biz Bills Calif. Gov. Inked Into Law
California Gov. Gavin Newsom signed hundreds of bills into law ahead of an Oct. 1 deadline, meaning major changes are on the horizon for employers, tech companies, healthcare providers and others doing business in the Golden State.
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October 01, 2024
Data Brokers Decry 'Ill-Tailored' NJ Judicial Privacy Law
Data brokers such as Equifax, Thomson Reuters and Zillow urged a New Jersey federal judge Tuesday to toss a suit accusing them of violating Daniel's Law, arguing the state's judicial privacy measure is unconstitutionally broad and unevenly applied.
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October 01, 2024
Gap Escapes Privacy Suit Over Email Tracking, For Now
A California federal judge on Monday tossed a proposed class action alleging that the Gap Inc. invaded consumers' privacy by using tracking technology in its marketing emails without consent, saying the complaint doesn't plausibly allege that the software unlawfully captures content protected by state privacy law.
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October 01, 2024
Israeli Analytics Co. Beats 'Social Engineering' Suit, For Now
A New York federal judge has dismissed a proposed investor class action against Israeli security analytics company Cognyte Software Ltd. over claims that its tools were used to surveil and "social-engineer" journalists and politicians, saying many of the alleged misstatements are inactionable as currently presented.
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October 01, 2024
TikTok Petitions 3rd Circ. To Review Section 230 Ruling
TikTok asked for another crack in the Third Circuit on Tuesday, requesting an en banc rehearing of the appeals court's decision holding that its "For You Page" algorithm doesn't enjoy Section 230 immunity and reviving a suit accusing the app of recommending a "blackout challenge" that led to a 10-year-old's death.
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October 01, 2024
NC Hospital Hit With More Class Claims Over Data Breach
Columbus Regional Healthcare System's legal woes have worsened with more privacy breach claims filed against it by patients whose personal information was exposed by a May 2023 cyberattack on the healthcare provider's network.
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October 01, 2024
Russian Indicted, Sanctioned In 'Evil Corp' Ransomware Case
A Russian national described by the U.S. government as the second-in-command of a cybercrime group called Evil Corp has been indicted and hit with sanctions in response to a ransomware attack inflicted on several U.S. companies.
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October 01, 2024
Delta Wants Suit Over IT Outage Response Thrown Out
Delta Air Lines is asking a Georgia federal judge to toss a proposed class action brought by customers who claim its botched response to a massive IT outage left them stranded and on the hook for numerous expenses, arguing their claims are barred by a federal deregulation law and its ticket terms.
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October 01, 2024
Cyber Insurance Business Promotes Atty To General Counsel
Cyber insurance company Cowbell announced Tuesday that it has promoted to serve as its general counsel an attorney who has served as its vice president of legal for more than two years.
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September 30, 2024
AI Safety Bill Veto Shows Calif. Taking Regulatory 'Baby Steps'
The California governor's rejection of sweeping legislation to ensure the safe deployment of large-scale artificial intelligence models — and his simultaneous embrace of more targeted proposals to regulate the technology — is likely to result in the wider creation of regimes that favor "baby steps" over broad strokes, experts say.
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September 30, 2024
9th Circ. Partly Revives Crypto Investor's Suit Against AT&T
The Ninth Circuit on Monday partially revived a cryptocurrency investor's suit accusing AT&T of failing to protect his information amid a fraudulent SIM swap that cost him $24 million, finding there to be a triable question whether AT&T gave hackers access to his proprietary information through the scheme.
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September 30, 2024
Wheeling & Appealing: The Latest Must-Know Appellate Action
The year's spookiest month is looking scary-good for appellate aficionados, as famed oral advocates joust in October over net neutrality and Uber's extraordinary bid to unravel multidistrict litigation — just two of the high-profile arguments previewed in this edition of Wheeling & Appealing. October also begins with former President Jimmy Carter turning 100, and we'll test your knowledge of his profound impact on the judiciary.
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September 30, 2024
Google Investors' Attys Snag $66.5M In $350M Privacy Deal
A California federal judge on Monday gave final approval to Alphabet's $350 million deal settling a Google data breach securities suit and awarded $66.5 million for attorney fees amid objections, calling the deal "an excellent result" and noting the 19% cut was below the benchmark for similar cases.
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September 30, 2024
Latham, Davis Polk Steer AI-Focused Chipmaker's IPO
Silicon Valley-based artificial intelligence startup Cerebras on Monday filed plans for an initial public offering with the U.S. Securities and Exchange Commission, hoping to tap investors' enthusiasm for AI-linked companies, and with Latham & Watkins LLP and Davis Polk & Wardwell LLP guiding the process.
Expert Analysis
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What FCA Cases May Look Like In The Age Of Generative AI
Generative artificial intelligence raises unique considerations both in the context of potentially leading to False Claims Act cases and in the discovery and litigation phases of these lawsuits, says attorney Rachel Rose.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.
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3 Ways To Limit Risks Of Black-Box AI In Financial Services
As regulators increasingly highlight the potential for artificial intelligence to make unfair consumer credit decisions, and require financial institutions to explain how these so-called black-box algorithms arrive at conclusions, companies should consider three key questions to reduce their regulatory risks from these tools, say Jeffrey Naimon and Caroline Stapleton at Orrick.
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Takeaways From EU's 'Pay Or Consent' Advertising Probe
Anne-Gabrielle Haie and Charles Whiddington at Steptoe examine key points from the European Commission's recent investigation into Big Tech's use of "pay or consent" advertising models, as well as the European Data Protection Board’s opinion on how such models can comply with EU competition and data protection laws.
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Energy And AI: Key Issues And Future Challenges
Artificial intelligence promises new technical advantages for the energy industry, but it is also responsible for vast, and growing, energy consumption — so the future of AI and energy will require balancing technological advancement with regulatory oversight, environmental responsibility and infrastructure development, say attorneys at Morgan Lewis.
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When Banks Unknowingly Become HIPAA Biz Associates
There appears to be significant confusion regarding the application of the Health Insurance Portability and Accountability Act to financial institutions when serving healthcare-related clients, so these institutions should consider undertaking several steps as a starting point in the effort to achieve compliance, say attorneys at Vorys.
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The Regulatory Headwinds Facing Lab-Developed Tests
Though the U.S. Food and Drug Administration's final rule regarding regulation of laboratory-developed tests outlines a four-year plan for ending enforcement discretion, and though this rule is currently being challenged in courts, manufacturers should heed compliance opportunities immediately as enforcement actions are already on the horizon, say attorneys at Kirkland & Ellis.
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.
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Opting In To CIPA Risk Mitigation After New Precedent
A recent California federal court decision, adopting a new, broad interpretation of the California Invasion of Privacy Act, will likely increase the volume of CIPA claims and should prompt businesses to undertake certain preventative measures, including adopting an opt-in approach to using third-party website advertising technologies, say attorneys at Thompson Hine.
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Opinion
It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.
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Why DOJ's Whistleblower Program May Have Limited Impact
The U.S. Department of Justice’s new whistleblower pilot program aims to incentivize individuals to report corporate misconduct, but the program's effectiveness may be undercut by its differences from other federal agencies’ whistleblower programs and its interplay with other DOJ policies, say attorneys at Milbank.
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What 7th Circ. Samsung Decision Means For Mass Arbitration
The Seventh Circuit's recent decision in Wallrich v. Samsung highlights the dilemma faced by mass arbitration filers in the face of nonpayment of arbitration fees by the defending party — but also suggests that there are risks for defendants in pursuing such a strategy, says Daniel Campbell at McDermott.
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Takeaways From Virginia's $2B Trade Secrets Verdict Reversal
The Virginia Court of Appeals' recent reversal of the $2 billion damages award in Pegasystems v. Appian underscores the claimant's burden to show damages causation and highlights how an evidentiary ruling could lead to reversible error, say John Lanham and Kamran Jamil at Morrison Foerster.
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How Justices Upended The Administrative Procedure Act
In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.
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FTC Drives Crackdown On Connected Cars' Data Privacy Risk
After the Federal Trade Commission's warning to automakers about data privacy, which continues to emerge as a national concern, automakers must carefully examine their data collection, use and retention practices, say Catherine Castaldo and Michael Rubayo at Reed Smith.