Cybersecurity & Privacy

  • April 02, 2024

    3rd Circ. Preview: Black Lung, Back Pay On Tap In April

    The Third Circuit this month will consider Keystone Coal Mining Co.'s contention that a lower court erred in deeming a miner's black lung a "total disability," while a shuttered rehabilitation facility has asked the court to undo the National Labor Relations Board's determination that it owes unionized employees back pay and bonuses for work done during the COVID-19 pandemic.

  • April 02, 2024

    Calif. Bill Would Provide After-Hours 'Right To Disconnect'

    A California state lawmaker has introduced a first-of-its-kind bill that would give workers the right to ignore emails, text messages and phone calls from their employers after they clock out.

  • April 02, 2024

    Fanatics Exec To Take Stand In DraftKings Noncompete Suit

    A Boston federal judge said Tuesday she expects a former DraftKings executive to testify later this month in a hearing to sort out competing narratives and allegations of corporate espionage related to his abrupt departure to work for rival sportsbook Fanatics.

  • April 02, 2024

    Feds Seek 4 Years For Ex-Amazon Coder In Novel Crypto Case

    Prosecutors have told a Manhattan federal judge that a former Amazon coder convicted on charges of hacking a "smart contract" should be sentenced to at least four years in prison in order to send a message to other would-be crypto fraudsters.

  • April 02, 2024

    Ga. Children's Hospital Accused Of Mining Patient Data

    A major Georgia pediatric healthcare system has been using web data trackers to illegally transmit confidential patient data to Facebook and other companies to boost its bottom line, according to a proposed class action filed in the Peach State on Tuesday.

  • April 02, 2024

    UK Reaches Landmark AI Risk Testing Agreement With US

    The U.K. government said Tuesday it had reached a landmark agreement with the U.S. to share the testing of advanced models for artificial intelligence, after highlighting in a report its increasing use by cybercriminals to attack financial institutions and business.

  • April 01, 2024

    Full 9th Circ. Won't Review OK Of $90M Facebook Data Deal

    The Ninth Circuit on Monday declined objectors' request for the full appellate court to revisit a three-judge panel's decision to affirm a $90 million settlement that resolves allegations Facebook illegally tracked logged-out users' browsing activity, saying no judge voted to rehear the matter.

  • April 01, 2024

    FTC Won't Add Face Scan Tool To COPPA Consent Options

    The Federal Trade Commission has declined for now to approve a new method for obtaining parental consent under the Children's Online Privacy Protection Act that would involve analyzing facial geometry to verify adults' identity, saying that it expects a forthcoming government report to provide vital additional information about the technology underlying the proposed tool. 

  • April 01, 2024

    AmEx Sends Credit Card Applicants' Data To Meta, Suit Says

    American Express was recently hit with a putative class action in New York federal court by a California resident alleging the company illegally shares with Facebook sensitive financial and personally identifiable information of people who apply online for credit cards.

  • April 01, 2024

    Cybersecurity Heads Back SolarWinds' Push To Nix SEC Suit

    Cybersecurity experts from dozens of private companies decried the U.S. Securities and Exchange Commission's lawsuit against SolarWinds and its cybersecurity head, arguing the unprecedented effort to hold the pair accountable for a 2020 cyberattack could undermine U.S. national security.

  • April 01, 2024

    FCC Grants Extensions To 6 Carriers Under 'Rip And Replace'

    The Federal Communications Commission is once again granting deadline extensions for the replacement of Chinese-made telecommunications equipment for service providers claiming that supply chain problems and the lack of full "rip and replace" funding is delaying the work.

  • April 01, 2024

    Wireless Cos. Push Back On Neutrality For Network 'Slicing'

    The mobile services industry is fighting public advocates' efforts to make sure so-called network "slicing" is covered by net neutrality rules the Federal Communications Commission is planning to reimpose on internet providers.

  • April 01, 2024

    FDIC Dings 2 More Banks Over 3rd-Party Relationships

    The Federal Deposit Insurance Corp. has ordered an Ohio community bank and a New York digital "hybrid" bank to strengthen their oversight of business partners, the latest in the agency's recent spate of enforcement actions over banks' management of their third-party relationships with financial technology firms and other outside companies.

  • April 01, 2024

    Cooley, Latham Guide Data Security Firm Rubrik's IPO Filing

    Venture-backed data security firm Rubrik Inc. on Monday filed long-awaited plans for an initial public offering, represented by Cooley LLP and underwriters counsel Latham & Watkins LLP, marking the latest sign of a recovering IPO market.

  • April 01, 2024

    Google Agrees To Delete Data To End 'Incognito' Class Claims

    Google LLC on Monday agreed to delete billions of data records that reflect certified class members' private browsing activities as part of a nonmonetary eve-of-trial settlement to resolve allegations that the tech giant surreptitiously tracks Chrome users running the browser's incognito mode.

  • April 01, 2024

    AT&T's Huge Data Breach Triggers Flood Of Consumer Suits

    Telecom giant AT&T Inc. was hit with a wave of litigation accusing the company of failing to safeguard customers' sensitive data just days after it reported that detailed personal information from more than 70 million past and current users surfaced online.

  • April 01, 2024

    Women Must Arbitrate Suit Over Ex-Coach's Hidden Cam

    Newly discovered texts and files on a former Temple University football coach's devices won't help three women revive or revise their lawsuits against the coach and the dog-sitting app he used to recruit them, a Pennsylvania federal judge ruled Friday.

  • April 01, 2024

    One Set Of Amazon Buyers Can't Cancel Later Antitrust Case

    Antitrust lawsuits against Amazon.com in New York and Washington federal court will remain separate after a New York federal judge refused Friday to let online shoppers in the earlier-filed Washington case intervene in — and junk — the other proposed class action filed two years later.

  • April 01, 2024

    Allstate Liable For Contractors' Illegal Marketing Calls

    An Illinois federal judge found that Allstate violated the Telephone Consumer Protection Act when its telemarketing subcontractor made phone calls to a man whose number was on Allstate's internal do-not-call list.

  • April 01, 2024

    Indicted Crypto Whiz Says Software Development Not A Crime

    The founder of the Tornado Cash cryptocurrency exchange told a Manhattan federal judge that the government had wrongly charged him with scheming to launder money and dodge sanctions, saying that the only agreement he'd made with others was to build legal, open-source software.

  • March 29, 2024

    DC Circ. Rejects Meta's Bid To Delay FTC Privacy Tweaks

    A D.C. Circuit panel on Friday refused Meta Platforms Inc.'s bid to delay the Federal Trade Commission from pursuing changes to a $5 billion privacy settlement, saying the social media giant failed to show why it's entitled to an emergency injunction while it's challenging the FTC's structure.

  • March 29, 2024

    SentinelOne Execs Face Derivative Suit Over Accounting Error

    Cybersecurity company SentinelOne was hit with a shareholder derivative suit in California federal court Friday over a 35% stock price drop that the plaintiff claimed was the result of the company's disclosure about its internal controls and subsequent inflation of its annualized recurring revenue.

  • March 29, 2024

    X Corp. Still Must Face Breach Suit Over 200M Users

    A California federal judge on Friday trimmed a proposed class action alleging X Corp., the former Twitter Inc., failed to protect the data of 200 million users whose information was exposed in a data breach, allowing the users to amend some allegations while permanently tossing a California Consumers Legal Remedies Act claim.

  • March 29, 2024

    BofA Sued After FTC Imposter Steals $2M From Accounts

    A 67-year-old Florida woman has sued Bank of America over alleged negligence and violations of several federal laws, claiming in the case that was removed to federal court this week that the financial services company failed to protect her accounts as she fell victim to a sophisticated social engineering scam by a person posing as a Federal Trade Commission investigator who stole $2 million.

  • March 29, 2024

    4th Circ. Revives Data Breach Suit Against Medical Center

    The Fourth Circuit on Friday revived a proposed class action alleging that Sandhills Medical Foundation Inc. failed to protect the personal information of patients whose data was leaked following a cyberattack, saying the health care provider is not shielded under federal immunity and that the government cannot be substituted as a defendant.

Expert Analysis

  • What Businesses Should Know About NJ Privacy Bill

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    New Jersey’s recently passed comprehensive privacy bill S.B. 332 presents businesses with a nuanced framework and compliance obligations, including opt-in consent requirements for sensitive data, with recommendations for businesses to organize data, review consent requirements and more, says Trisha Sircar at Katten.

  • Staying Ahead Of The AI Policymaking Curve

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    With artificial intelligence poised to be the hottest legislative and regulatory topic in 2024, expect the AI policymaking toolbox to continue to expand and evolve as stakeholders in the U.S. and abroad develop, deploy, use and learn more about these technologies, say attorneys at Hogan Lovells.

  • The 7th Circ.'s Top 10 Civil Opinions Of 2023

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    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2023, and explain how they may affect issues related to antitrust, constitutional law, federal jurisdiction and more.

  • Employee Experience Strategy Can Boost Law Firm Success

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    Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.

  • And Now A Word From The Panel: A Strong Year For MDLs

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    While the Judicial Panel on Multidistrict Litigation granted even fewer MDL petitions last year than in 2022, hitting a 21st-century low, a closer look at the record-setting number of total actions encompassed within current proceedings reveals that MDL practice is still quite robust, says Alan Rothman at Sidley.

  • What Cos. Can Learn From 2023 Export Enforcement Report

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    A January report summarizing key actions and policy changes undertaken at the Office of Export Enforcement in 2023 is a valuable indicator of future government priorities and the factors companies should consider as they conduct export operations amid what may be a turbulent international trading environment in 2024, says Thaddeus McBride at Bass Berry.

  • How Consumer Product Cos. Can Keep Up With Class Actions

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    Recent cases show California's federal courts and the Ninth Circuit remain the preferred arena for consumers pursuing false advertising and trade deception claims against companies — so manufacturers, distributors and retailers of consumer products should continue to watch these courts for guidance on how to fight class actions, say attorneys at Dechert.

  • Series

    Competing In Triathlons Makes Me A Better Lawyer

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    While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.

  • What's In NY's Draft Guidance On AI Use In Insurance

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    Last week, the New York State Department of Financial Services released proposed guidance for insurers on the use of artificial intelligence systems and external consumer data and information sources for underwriting and pricing purposes, and these standards will likely help form the basis of an eventual nationwide insurance regulatory framework on AI, say attorneys at Sullivan & Cromwell.

  • Mitigating Compliance And Litigation Risks Of Evolving Tech

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    Amid artificial intelligence and other technological advances, companies must prepare for the associated risks, including a growing suite of privacy regulations, enterprising class action theories and consumer protection challenges, and proliferating disclosure obligations, say attorneys at Eversheds Sutherland.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • Perspectives

    6 Practice Pointers For Pro Bono Immigration Practice

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    An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.

  • ECJ Ruling Triggers Reconsiderations Of Using AI In Hiring

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    A recent European Court of Justice ruling, clarifying that the General Data Protection Regulation could apply to decisions made by artificial intelligence, serves as a warning to employers, as the use of AI in recruitment may lead to more discrimination claims, say Dino Wilkinson and James Major at Clyde & Co.

  • Lessons From Country Singer's Personal Service Saga

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    Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.

  • New Tech, Old Tricks: How GCs Can Fight White Collar Crime

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    As emerging technologies like artificial intelligence and cryptocurrency provide bad actors with new avenues to commit classic crimes, general counsel should develop a strategy to future-proof their organizations against such threats and prepare for regulatory scrutiny, say directors at FTI Consulting.

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