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Cybersecurity & Privacy
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October 07, 2024
Justices Won't Review Feds' Warrant On Trump's Twitter DMs
The U.S. Supreme Court declined on Monday to review a court order that allowed special counsel Jack Smith to obtain messages from Donald Trump's account on the X social media platform while barring X Corp. from alerting the former president beforehand.
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October 07, 2024
High Court Rejects Ex-Raytheon Worker's Retaliation Suit
The U.S. Supreme Court on Monday declined to revisit its prior ruling insulating security clearance decisions from court review, after a fired Raytheon worker urged the court to clarify whether that decision also applies to actions by federal contractors.
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October 04, 2024
Top 5 Supreme Court Cases To Watch This Fall
The U.S. Supreme Court will hear several cases in its October 2024 term that could further refine the new administrative law landscape, establish constitutional rights to gender-affirming care for transgender minors and affect how the federal government regulates water, air and weapons. Here, Law360 looks at five of the most important cases on the Supreme Court's docket so far.
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October 04, 2024
Mondelez, BCLP Ink $750K Deal To End Data Breach Suits
Mondelez Global LLC workers on Friday asked an Illinois federal judge to greenlight a $750,000 settlement that would resolve proposed data privacy class actions against their employer and Bryan Cave Leighton Paisner LLP stemming from a 2023 data breach.
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October 04, 2024
EU High Court Says Meta Must Limit Data Used To Target Ads
The European Court of Justice ruled Friday that the bloc's data protection rules prohibit Meta's Facebook and other social media platforms from using all the personal data they've ever collected to fuel their targeted advertising, handing Austrian activist Max Schrems a win in his latest fight against the tech giant.
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October 04, 2024
JPML Agrees To Combine Snowflake, AT&T Data Breach MDLs
The Judicial Panel on Multidistrict Litigation on Friday centralized a slew of cases stemming from high-profile data breaches affecting customers of the Snowflake Inc. cloud platform in the District of Montana, a transfer order that includes sprawling multidistrict litigation against AT&T, one of Snowflake's customers.
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October 04, 2024
Real Estate Execs Accused Of NYC Deed Theft Scheme
Three real estate executives have been arrested in connection with a purported $500,000 deed theft scheme that preyed upon a vulnerable home owner in the Bronx, according to the Office of the New York State Attorney General.
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October 04, 2024
Evolve Bank Faces MDL Over Breach Of 7.6M Customers' Data
Nearly two dozen proposed class actions accusing Evolve Bank & Trust of failing to adequately protect the personal information of 7.6 million customers from a cyberattack by a Russia-linked cybercrime gang will be centralized in Tennessee, the Judicial Panel on Multidistrict Litigation has ruled, expressing their confidence in the judge selected to preside over the MDL.
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October 04, 2024
SEC Should Take Over Market Database, Investor Group Says
An investor-side trade association is pushing the U.S. Securities and Exchange Commission to take control of a controversial market surveillance tool out of the hands of the nation's stock exchanges, saying in a recent rulemaking petition that a failure to do so could be "catastrophic" if either the government or the courts decide to shut down the database.
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October 04, 2024
Meta Investors Seek Sanctions Over Execs' Deleted Emails
Meta Platforms Inc. shareholders suing over the Facebook Cambridge Analytica data scandal urged a Delaware Chancery Court Thursday to sanction Meta board members Jeffrey Zients and Sheryl Sandberg for allegedly spoiling evidence by using their personal email accounts to discuss the scandal and then deleting large portions of their correspondence.
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October 04, 2024
Couple Harassed By EBay May Not Get Maximum Damages
A federal judge said Friday she will have to decide count by count whether she can allow a Massachusetts couple suing eBay over a harassment campaign against them to seek punitive damages under California law while pursuing compensatory damages for the same claims under the laws of the pair's home state.
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October 04, 2024
DC Circ. Wary Of Ga. Voting Ruling's FOIA Impact
A D.C. Circuit panel seemed concerned Friday with the practical implications of a trial court's holding that the Freedom of Information Act compels the disclosure of the U.S. Department of Justice's communications with private co-litigants in lawsuits challenging a controversial Georgia voting law.
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October 04, 2024
Disneyland Worker Sues Over Personnel Data Breach
A Disneyland employee hit The Walt Disney Co. with a proposed class action in California state court on Thursday over a cyberattack that allegedly compromised employee personnel information, including work assignments, passport numbers and visa details.
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October 04, 2024
Denver Charity Drops Fraudulent Grant Coverage Fight
A Denver-based nonprofit has agreed to drop its suit over insurance coverage for $349,000 in grants it gave to a different charity whose founder was accused by Colorado authorities of lying about its nonprofit status, according to court filings Friday.
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October 04, 2024
Northern Ireland Police Service Fined £750K Over Data Breach
The United Kingdom's data protection watchdog has issued a £750,000 ($988,000) fine to Northern Ireland's police service after it exposed the personal information of all its 9,483 officers and staff as part of a freedom of information request gone wrong.
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October 04, 2024
Private Equity Firm Says Insurer Must Pay $2.8M Hack Claim
A private equity firm said its insurer must cover over $2.83 million the firm said it lost as a result of a hacking event, telling a Nebraska federal court that its policy covers loss resulting from theft or from breach of duty by directors and officers.
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October 04, 2024
Saul Ewing Adds Reed Smith Higher Ed Atty In New York
Saul Ewing LLP has expanded its litigation services in the New York office with this week's addition of an attorney who specializes in representing colleges and universities and moved his practice after 10 years with Reed Smith LLP.
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October 04, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen GMB Union sued by the makers of Tetley Tea after a staff walkout in September, boxer Mike Tyson hit with legal action from a marketing company and the Met Police face a misuse of private data claim from a woman who had a relationship with an undercover police officer. Here, Law360 looks at these and other new claims in the U.K.
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October 04, 2024
High Court Will Hear TCPA Case Over Online Junk Faxes
The U.S. Supreme Court said Friday it will review whether district courts must follow a Federal Communications Commission ruling that the Telephone Consumer Protection Act does not prohibit junk faxes that are received only via electronic inboxes.
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October 03, 2024
Univision Beats Subscribers' Class Status Bid In Privacy Suit
A Florida federal judge denied Univision NOW subscribers class certification in their suit alleging the Spanish-language network's streaming platform violated their privacy by sharing their identities and video viewing histories with Meta Platforms Inc., saying the subscribers failed to show there were enough class members to warrant a class action.
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October 03, 2024
DOJ, Microsoft Disrupt Russian Hacking Group's Efforts
The U.S. Department of Justice and Microsoft Corp. announced Thursday the seizure of more than 100 websites allegedly used by Russian intelligence agencies and their proxies to orchestrate hacking campaigns aimed at stealing valuable information from federal government agencies, journalists, think tanks and other organizations.
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October 03, 2024
ISPs Insist FCC Overstepped With Net Neutrality Rules
Internet service providers told the Sixth Circuit it should reject the Federal Communications Commission's recently passed net neutrality rules because the FCC has failed to show that Congress gave it the authority to regulate broadband as a telecom service.
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October 03, 2024
12 Lawyers Who Are The Future Of The Supreme Court Bar
One attorney hasn't lost a single U.S. Supreme Court case she's argued, or even a single justice's vote. One attorney is perhaps "the preeminent SCOTUS advocate." And one may soon become U.S. solicitor general, despite acknowledging there are "judges out there who don't like me." All three are among a dozen lawyers in the vanguard of the Supreme Court bar's next generation, poised to follow in the footsteps of the bar's current icons.
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October 03, 2024
Feds Want A Word In Meta, Nvidia High Court Cases
The federal government is asking to participate in oral arguments in two private investor suits currently before the U.S. Supreme Court, saying that both Meta Platforms Inc. and Nvidia Corp. are wrong about the requirements that shareholders need to meet in order to move forward with lawsuits claiming they were misled about business risks.
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October 03, 2024
Texas Says TikTok Violates Online Parental Controls Law
The state of Texas sued TikTok and its affiliates in state court, alleging Thursday that the social media site violates the state's Securing Children Online through Parental Empowerment Act by distributing and selling children's personal data without parents' consent.
Expert Analysis
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Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.
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A Look At The Regulatory Scrutiny Facing Liquid Restaking
Recent U.S. Securities and Exchange Commission enforcement actions highlight the regulatory challenges facing emerging financial instruments like liquid restaking tokens and services, say Daniel Davis and Alexander Kim at Katten.
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Considerations When Using Publicly Available Data To Train AI
To maximize the benefits and mitigate the risks of using publicly available data to train artificial intelligence models, companies should maintain a balance between openness and protection, and consider certain best practices, says Michael Cole at Mercedes-Benz Research & Development North America.
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Illinois BIPA Reform Offers Welcome Relief To Businesses
Illinois' recent amendment to its Biometric Information Privacy Act limits the number of violations and damages a plaintiff can claim — a crucial step in shielding businesses from unintended legal consequences, including litigation risk and compliance costs, say attorneys at Taft.
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Jarkesy Ruling May Redefine Jury Role In Patent Fraud
Regardless of whether the U.S. Supreme Court’s Jarkesy ruling implicates the direction of inequitable conduct, which requires showing that the patentee made material statements or omissions to the U.S. Patent and Trademark Office, the decision has created opportunities for defendants to argue more substantively for jury trials than ever before, say attorneys at Cadwalader.
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3 Leadership Practices For A More Supportive Firm Culture
Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.
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E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.
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Loper Bright Limits Federal Agencies' Ability To Alter Course
The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.
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How To Deploy AI In A Dangerous Threat Landscape
Businesses are feeling immense pressure to deploy generative artificial intelligence tools to accelerate profits and demonstrate their technological superiority to investors and consumers, and there are a few steps they can take when using AI tools to mitigate liability risks, say B. Stephanie Siegmann and Julianna Malogolowkin at Hinckley Allen.
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What Cos. Should Note In DOJ's New Whistleblower Pilot
After the U.S. Department of Justice unveiled a new whistleblower pilot program last week — continuing its efforts to incentivize individual reporting of misconduct — companies should review the eligibility criteria, update their compliance programs and consider the risks and benefits of making their own self-disclosures, say attorneys at Skadden.
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Addressing The Growing Hazards Of Mass Arbitration
Though retail companies typically include arbitration provisions in their terms of service, the recent trend of costly mass arbitrations filed by plaintiffs may cause businesses to rethink this conventional wisdom, say attorneys at BCLP.
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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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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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Lawyers Can Take Action To Honor The Voting Rights Act
As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.