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Cybersecurity & Privacy
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April 04, 2024
SEC Officials Say Existing Policies Key To Cyber Rule Reports
Companies grappling with the U.S. Securities and Exchange Commission's new rule to publicly disclose material cybersecurity incidents will have an easier time defending reporting missteps if they work to put robust policies in place before a breach occurs, a pair of agency officials said Thursday.
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April 04, 2024
5th Circ. Scrutinizes Data-Tracking On La. Health Provider Site
A Fifth Circuit panel questioned Louisiana health care providers Thursday on the use of "tracking pixels" on their website, asking counsel for the providers whether a third party like Facebook could access patient records without patient permission.
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April 04, 2024
Oracle Gets Wiretap Claim Cut From Data Collection Fight
A California federal judge on Wednesday trimmed a proposed class action alleging Oracle illegally sold internet users' "electronic profiles," finding that new allegations that executive Larry Ellison admitted Oracle's new technology was "scaring the lawyers" aren't enough to show tortious intent to plead a viable Electronic Communications Privacy Act claim.
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April 04, 2024
Ga. OB-GYN Office Hit With Data Breach Class Action
An Atlanta OB-GYN practice has been hit with a class action in Georgia federal court over a January data breach that allegedly impacted the personal and protected health information of tens of thousands of patients.
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April 04, 2024
Ex-BigLaw Atty's Defamation Injunction Bid Meets Skepticism
The Florida federal judge overseeing a $150 million defamation case between an ex-Greenberg Traurig LLP partner and a social media personality accused of mounting a harassment campaign against him declined, for now, to issue an injunction against alleged cyberstalking and indicated the petition may be better suited for state court.
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April 04, 2024
W.Va. Plaintiff Drops Telemarketing Claim Against Fla. Firm
A West Virginia woman who alleged in a putative class action that law firms had bombarded her and others with unwanted legal advertising phone calls has announced a joint dismissal with one of the firms involved.
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April 03, 2024
FTC Won't Overlook 'Unanticipated' Harms, Slaughter Says
The Federal Trade Commission won't hesitate to go after companies and their executives that fail to take steps to address the broad range of privacy harms and other risks that can arise from the emergence of new digital technologies, particularly in the wake of a recent federal court ruling that backed this theory, Commissioner Rebecca Kelly Slaughter said Wednesday.
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April 03, 2024
Calif. Privacy Rules Expected By July, Agency's Director Says
The California Privacy Protection Agency is eyeing July for the launch of the formal process for finalizing its last batch of regulations under the state's landmark consumer privacy law, which include rules that would give consumers more control over private information that could be used by artificial intelligence, the agency's executive director said Wednesday.
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April 03, 2024
Judge Consolidates Wells Fargo Unwanted Products Suits
A San Francisco federal judge has consolidated five suits asserting proposed class claims that the bank sought to shortchange customers who deserved compensation after they were enrolled in financial products without their knowledge.
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April 03, 2024
Models Get $95K Default Win In Strip Club Piracy Suit
A Washington federal judge ordered a Seattle strip club to pay a group of professional models $95,000 in damages on Wednesday, after finding it had engaged in "amateur piracy" by using their photos without permission and failed to defend itself.
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April 03, 2024
Mass. Justices Leery Of Meta, Google Cookie 'Wiretap' Claims
Justices on Massachusetts' highest court hinted on Wednesday that they are unlikely to open the door to potentially thousands of privacy lawsuits against website operators over their use of tracking cookies like Meta Pixel and others from Google Analytics, in a closely watched case over whether such trackers violate a state wiretap law.
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April 03, 2024
Amazon Book Scammer Can't Trim Prison Time
The Sixth Circuit affirmed a 16-year prison sentence Tuesday for a man who scammed Amazon by renting textbooks from the e-commerce giant and then selling them at a profit, ultimately costing Amazon approximately $3.2 million.
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April 03, 2024
Pillsbury Adds BakerHostetler Data Privacy Duo In SF
Pillsbury Winthrop Shaw Pittman LLP is growing its data security team, announcing Wednesday it is bringing in a pair of BakerHostetler data privacy and technology experts as partners in its San Francisco office.
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April 03, 2024
FCC Says Repeat 'Slammer' Can't Collect From Victim
The Federal Communications Commission is once again ordering Clear Rate Communications to remove charges to a subscriber who the agency says was a victim of the telecom provider's "slamming," less than two months after issuing a similar finding against the company in February.
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April 03, 2024
Houston Firm Ditches Proposed Data Breach Class Action
A Texas federal judge threw out a proposed class action accusing Fleming Nolen & Jez LLP of waiting a month to disclose a cyberattack that exposed more than 100 clients' protected health information, citing the lead plaintiff's admission that she didn't even know if any of her data was compromised.
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April 03, 2024
FCC To Vote On Net Neutrality Plan At Late April Meeting
The Federal Communications Commission said Wednesday the agency will vote April 25 on a Democratic proposal floated in October to restore net neutrality rules last imposed on internet services during the Obama administration, but repealed by Republicans in 2017.
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April 02, 2024
Crypto Co. Beats RICO But Not Fraud Claim Over $186M Hack
A Delaware federal judge has significantly trimmed a proposed class action accusing companies behind a blockchain system that enabled users to transfer crypto of running an illegal money-transmitting business and misrepresenting the system's security measures before a $186 million hack, saying the suit's racketeering, negligence and conversion claims all fail.
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April 02, 2024
Calif. Regulator Urges Cos. To Only Collect Needed Data
The California Privacy Protection Agency on Tuesday cautioned businesses to only collect or use consumers' personal information when it's needed and to avoid collecting anything beyond that, issuing its first of several planned advisories clarifying companies' obligations under the California Consumer Privacy Act.
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April 02, 2024
Amazon Driver Took, Shared Pics of Actor's Home, Suit Says
Actor Deon Cole sued Amazon in California state court alleging that one of its delivery drivers took photos of the inside of his home and shared them in a group chat while dropping off groceries, saying Amazon negligently and recklessly hired the driver.
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April 02, 2024
Citi Says 'Misguided' NY Fraud Protection Suit 'Mangles' Law
Citibank NA on Tuesday urged a New York federal court to throw out the Empire State attorney general's suit claiming it lacks necessary online security measures, slamming the complaint as "misguided" and arguing that it "mangles" the text of the Electronic Fund Transfer Act.
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April 02, 2024
DC Circ. Says FCC Must Rethink Terms For Chinese Video Ban
The D.C. Circuit ordered the Federal Communications Commission to revise its definition of "critical infrastructure," but still upheld the agency's decision to ban the marketing and sale of video surveillance equipment from two Chinese manufacturers in a new ruling Tuesday.
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April 02, 2024
DC Judge Grapples With Malice Claim In Nunes' WaPo Suit
A D.C. federal judge on Tuesday questioned whether former California Rep. Devin Nunes had shown The Washington Post acted with actual malice in publishing a 2020 article that discussed the congressman, as the judge weighed the newspaper's bid for summary judgment in defamation litigation brought by Nunes.
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April 02, 2024
Jon Stewart Reveals Apple's Heavy Hand In Lina Khan Chat
Federal Trade Commission Chair Lina Khan appeared on "The Daily Show" on Monday night for a wide-ranging conversation in which host Jon Stewart revealed that Apple wouldn't allow him to speak with her on a podcast related to his Apple TV+ show.
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April 02, 2024
IT Firm Decries Commerce's 'Unilateral' $1.5B Award Redo
An IT consulting firm told the Federal Circuit on Monday that its right to challenge a $1.5 billion U.S. Commerce Department procurement in the claims court was undermined when the agency took corrective action before seeking permission from the court.
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April 02, 2024
Amazon App Users Win Class Cert. For BIPA Claims
An Illinois federal judge has granted class certification to consumers who allege Amazon's virtual try-on technology violates the Prairie State's biometric privacy law.
Expert Analysis
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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.
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What To Expect From The CFPB This Year
The potential for upheaval at the Consumer Financial Protection Bureau will be greater during an election year, and there are several opportunities and challenges ahead for the bureau in 2024, say Eric Mogilnicki and David Stein at Covington.
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Law Firm Strategies For Successfully Navigating 2024 Trends
Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.
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10 Privacy Compliance Areas To Focus On In 2024
The fast pace of change in the cybersecurity realm means reactive approaches to new laws, regulations and enforcement actions are not effective ways to build or scale privacy programs, so companies should plan strategically and prepare for a few emerging risks and requirements in the first half of this year, says Sam Castic at Hintze Law.