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Cybersecurity & Privacy
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April 22, 2024
Catching Up With Delaware's Chancery Court
Last week, Delaware's Chancery Court news included a Tesla announcement about moving to Texas, a midcase appeal of Tripadvisor's move to Nevada, and United Airlines' escape from a stockholder suit. Disputes about board entrenchment, squeeze-out mergers, co-founder fallouts and deadly ice cream moved ahead.
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April 22, 2024
Ex-Law Dept. Employee Cops To Workers' Comp Check Thefts
A former New York City Law Department mail room worker on Monday admitted to a bank fraud conspiracy count after federal prosecutors charged him with a two-year workers' compensation check theft and forgery scheme they say netted $600,000.
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April 20, 2024
House Passes Another Bill To Force TikTok Divestment
The House voted 360-58 on Saturday to pass a bill requiring ByteDance Ltd. to divest TikTok or face a ban in the U.S. and giving the parent company a longer runway to sell the app than a version the House previously passed in March.
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April 20, 2024
Power To Spy Without Warrants Renewed For 2 Years
President Joe Biden on Saturday signed a bill reauthorizing a controversial program to spy on foreigners, hours after the Senate passed it while rejecting a push for warrants to search U.S. citizens' data inadvertently collected while surveilling foreign targets.
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April 19, 2024
Edelson Pitches 'Better Way' To Pick Leads In Privacy Suits
Plaintiffs in proposed privacy class actions should be given more say in who's picked as class counsel, in order to crack down on the "anemic settlements" that have resulted from the ineffective "old way of litigating" these matters, law firm Edelson PC argued in vying for lead counsel in a dispute over a data breach at genetics testing provider 23andMe.
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April 19, 2024
Meta Faces Uphill Fight To Nix AG Claims In Addiction MDL
A California judge expressed skepticism Friday over Meta's bid to ax the claims of 34 state attorneys general from multidistrict litigation over social media platforms' allegedly addictive design, saying Meta and its co-defendants haven't been transparent about how their platforms work, and it's plausible the states can obtain psychiatric treatment receipts to show economic injuries.
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April 19, 2024
Don't Let The Rush Into AI Create Risk Blind Spots, Cos. Told
As corporations increasingly adopt artificial intelligence capabilities into their workflows, they should also implement guardrails to stave off major risks the rapidly evolving technology poses, lawyers said during a New York City Bar panel discussion Friday.
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April 19, 2024
TCPA Only Protects Consumers, Fax Co. Worker Says
One fax services company can't sue another for carrying out what it says is "possibly the largest junk fax operation in the United States" because it doesn't count as a consumer under the Telephone Consumer Protection Act, an employee of the company being sued has told a Colorado federal court.
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April 19, 2024
AI Image Cos. Say Artists Offer Little Proof In Copyright Case
Four companies that make or distribute artificial intelligence software that creates art through prompts have told a California federal court that a proposed class action from artists must end, arguing the plaintiffs still have not shown proof that any of the businesses infringed or induced infringement of copyrighted works.
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April 19, 2024
Northshore Health Worker Drops Genetic Info Privacy Claims
A patient sitter for Northwestern HealthSystem has voluntarily dropped her proposed class suit claiming she and other workers were unlawfully required to give up information about their medical histories during the application process.
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April 18, 2024
Google Judge Notes Broad Reach Of Texas Ad Tech Claims
A Texas federal judge pressed Google during oral arguments Thursday to explain why a coalition of state attorneys general can't sue over its dominance in advertising placement auction technology when they're representing not just companies suing separately, but consumers as well.
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April 18, 2024
DOJ Tries To Quell Lawmakers' Concerns On FISA Bill
The U.S. Department of Justice is looking to allay privacy concerns on Capitol Hill raised over the proposed reauthorization of the Foreign Intelligence Surveillance Act, telling Sen. Mark Warner, D-Va., and others in recent letters that domestic churches and media companies can't be targeted under a controversial amendment.
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April 18, 2024
Cybersecurity Startup Loses 2 Patents At PTAB
A small cybersecurity startup litigating in Virginia federal court against larger tech companies has failed to persuade the Patent Trial and Appeal Board not to invalidate the entirety of two patents covering ways of combating "evolving" online threats, among other things.
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April 18, 2024
FCC Probing Causes Of 911 Outage Across Four States
The Federal Communications Commission said Thursday it will investigate what caused widespread 911 outages in Nevada, Texas, South Dakota and Nebraska.
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April 18, 2024
3rd Circ. Unclear If 'Session Replay' Web Code Directed At Pa.
A Third Circuit panel seemed torn Thursday over whether websites like those of Papa John's or Mattress Firm "directed conduct" at Pennsylvania when they ran "session replay" software to track users' visits and whether that gave courts in the Keystone State jurisdiction over users' claims that such tracking violated laws against wiretapping.
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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.
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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."
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
Expert Analysis
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A Look At Consumer Reporting In 2023, And What's To Come
The legal landscape of consumer reporting is evolving as courts, federal regulators and state legislatures continue to weigh in — and while last year may have seen a slight downtick in the overall volume of Fair Credit Reporting Act litigation, 2024 is set to be a watershed year for this area of the law, say attorneys at Troutman Pepper.
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What To Know About FCA Cybersecurity Enforcement
Now is a good time for practitioners, government contractors and potential relators to review recent developments in cybersecurity-related False Claims Act enforcement, and consider best practices for navigating this space in the new year, say Ellen London at London & Stout, and Li Yu and Molly Knobler at DiCello Levitt.
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8 Privacy Law Predictions For 2024
As the new year begins, looking back to several of last year's privacy law developments may help companies forecast what to focus on when updating their privacy programs, including children's privacy, so-called dark patterns and the collection of data by connected cars, say attorneys at Sheppard Mullin.
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4 Legal Ethics Considerations For The New Year
As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.
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FTC Rite Aid Order Holds Biometrics And AI Compliance Tips
The Federal Trade Commission's recent enforcement action against Rite Aid over its use of facial biometric technology on customers provides lessons that can be leveraged to reduce and manage the risk of regulatory scrutiny of biometrics and artificial intelligence, says David Oberly at Baker Donelson.
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Series
In The CFPB Playbook: Rulemaking Rush Before Election Year
In this quarterly Consumer Financial Protection Bureau activity recap by former bureau personnel, attorneys at McGuireWoods explain the regulator's recent push to finalize new rules about data aggregators, digital payment apps and more before the election-year Congressional Review Act window opens.
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Ill. BIPA Ruling May Spark Violation-Of-Law Exclusion Fight
An Illinois appeals court's recent holding in National Fire Insurance v. Visual Pak that a violation-of-law exclusion didn't preclude coverage for an underlying Biometric Information Privacy Act suit contradicts an earlier Seventh Circuit decision that aligns with long-standing insurance law principles — which may lead the state's high court to weigh in, says Tae Andrews at Pasich.
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5 Privacy And Cybersecurity Resolutions For 2024
In 2023, companies grappled with an unprecedented array of data privacy and cybersecurity challenges that are likely to continue in 2024, meaning businesses will be well-served to incorporate strategies, such as data governance and website configuration, into their compliance programs, say Steven Stransky at Thompson Hine and Violet Sullivan at Crum & Forster.
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What The Law Firm Of The Future Will Look Like
As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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4 PR Pointers When Your Case Is In The News
Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.
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Shopify Ruling May Support Personal-Jurisdiction Defenses
Litigators, cybersecurity practitioners and web-based entities should all take note of the Ninth Circuit’s recent ruling in Briskin v. Shopify, as it could lend significant support to personal-jurisdiction defenses, but such entities should still consider how their operations might tie them to certain states, say John Gray and Patrick McCormick at Lewis Roca.
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Series
Texas Banking Brief: All The Notable Legal Updates In Q4
Among the most noteworthy developments in the Texas banking sphere in the last quarter of 2023 were the Texas Department of Banking's extension of the state banking commissioner's authority, a recommendation to implement an updated ransomware self-assessment tool, and ongoing litigation in the state involving the Consumer Financial Protection Bureau, says Patrick Hanchey at Alston & Bird.
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6 AI Cases And What They Mean For Copyright Law
Artificial intelligence cases filed last year, some decided and others pending, demonstrate how the appellate courts that set binding precedent look at the intersection between copyright and AI, so legal frameworks must adapt and provide clarity in order to foster innovation, protect creators, and ensure fair and equitable outcomes, say attorneys at Crowell & Moring.
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Cybersecurity Issues For Financial Industry To Track In 2024
In 2024 financial institutions will confront new federal, state and industry regulations around cybersecurity that require additional procedures, enhanced proactive security measures, and timely disclosure of security incidents, say Alex Koskey and Matt White at Baker Donelson.
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How AI Is Changing The Game Of Professional Sports
As more professional sports teams and organizations employ the use of artificial intelligence, counsel should keep a critical eye on several legal issues, including both state and federal regulatory developments, data privacy concerns, and how AI tools could potentially affect applicable intellectual property rights, say attorneys at Squire Patton.