Cybersecurity & Privacy

  • February 13, 2024

    FCC Runs Into Reality Of Limited Power To Fight Deepfakes

    The Federal Communications Commission drew headlines last week when it declared that cloned voices fall under a federal ban on junk calls. But the ruling may not be as powerful as supporters would like, especially as campaign shenanigans heat up as election season draws near.

  • February 13, 2024

    Judge Says Latham Deserves Default Win Over Scam Domains

    Latham & Watkins LLP should be handed a default win against an unknown scammer it accused of registering dozens of domain names to impersonate the firm and one of its attorneys in an attempt to defraud clients, a federal magistrate judge in Virginia recommended Tuesday, determining the firm has a protectable interest in a valid trademark.

  • February 13, 2024

    Accused Crypto Mixer 'Key' To Online Drug Market, Gov't Says

    Bitcoin Fog laundered hundreds of millions of dollars worth of bitcoin and played a "key role" in the online drug economy, prosecutors said in an opening statement Tuesday to kick off the trial of the accused operator of the cryptocurrency mixer in D.C. federal court.

  • February 13, 2024

    Voyager Investors Suing Mark Cuban Reach Deal With Gronk

    Investors suing billionaire Mark Cuban over his role in promoting now-bankrupt Voyager Digital Ltd. said Tuesday they had reached a tentative agreement with former NFL star Rob Gronkowski to stay claims tied to his social media posts and appearances boosting the cryptocurrency firm.

  • February 13, 2024

    Freedom Caucus Demands Warrants In FISA Overhaul

    House Freedom Caucus members on Tuesday said the reauthorization of the controversial warrantless foreign surveillance program must include a warrant requirement for Americans' information.

  • February 13, 2024

    App Users Want Class Certification In Data Breach Case

    Consumers suing a parking app company asked a Georgia federal judge Monday to certify a class in their lawsuit alleging lax cybersecurity led to their data being stolen, sold and then given away for free on the dark web following a March 2021 data breach.

  • February 13, 2024

    Comer Says FTC Is Stalling On Oversight Committee Worries

    House Oversight Committee Chairman James Comer, R-Ky., continued Tuesday to hammer away at the Federal Trade Commission and Chair Lina Khan, assailing the frequent target of Republican criticism for failing to "fully address" lawmaker inquiries into the FTC's handling of due process and federal ethics law.

  • February 13, 2024

    EU Says Apple IMessage, Microsoft Bing Not Gatekeepers

    European enforcers have found that Apple's iMessage and several Microsoft services do not qualify for "gatekeeper" designations under the Digital Markets Act, but the companies nevertheless must abide by new rules giving users more choice and freedom with other products.

  • February 13, 2024

    NY AG Inks $750K Deal In College Board Data Privacy Case

    New York Attorney General Letitia James said her office had reached a $750,000 settlement with the College Board, the nonprofit that administers the SAT and PSAT exams, to resolve claims that the organization illegally harvested students' data and sold it to colleges and scholarship programs.

  • February 13, 2024

    Crypto Exec Wants IRS Summonses Quashed, Citing Privacy

    A cryptocurrency executive charged in a 2020 bitcoin fraud investigation was never notified about Internal Revenue Service summonses later sent to two banks that sought his and his company's financial records, he told a Texas federal court, arguing that the summonses should be quashed.

  • February 13, 2024

    Life Insurer Failed To Secure Data From Hack, Class Says

    A life insurance provider and its parent company failed to protect sensitive customer information from a data breach, a proposed class action told an Indiana federal court, saying the parent company was hacked via a SIM swapping scheme targeting a senior employee.

  • February 13, 2024

    Jones Day Adds Proskauer Privacy Group Head In DC

    The head of the privacy and cybersecurity group at Proskauer Rose LLP has moved to Jones Day in Washington, D.C., the firm said Tuesday.

  • February 13, 2024

    OpenAI Gets Author Copyright Claims Trimmed — For Now

    A California federal judge dismissed the bulk of two proposed copyright class actions against ChatGPT creator OpenAI Inc. while giving two putative classes led by comedian Sarah Sliverman and author Paul G. Tremblay a chance to cure deficiencies in their pleadings in some instances.

  • February 13, 2024

    Ex-IRS Contractor Appeals 5-Year Sentence For Tax Info Leak

    A former IRS contractor sentenced to five years in prison for stealing and leaking former President Donald Trump's tax returns — and those of thousands of other wealthy people — to the media told a D.C. federal court he will appeal his final judgment.

  • February 12, 2024

    Meta Can't Trim Non-Facebook Users' Health Privacy Suit

    Meta Platforms can't cut down a proposed class action alleging it illegally received consumers' sensitive health information through its Meta Pixel tool, a California federal judge ruled Monday, saying the consumers have provided specific enough allegations of the kinds of sensitive information they claim was intercepted.

  • February 12, 2024

    'Pig Butchering' Scheme Took Down Small Bank, Fed IG Says

    The July collapse of a Kansas community bank appears tied to a type of crypto scam known as pig butchering, enabled by a failure of internal controls that allowed its former CEO to allegedly siphon off enough money to force the bank's closure, according to a new report by a bank regulatory watchdog.

  • February 12, 2024

    Retailer Sues Zimmerman Reed To End Privacy 'Shakedown'

    Zimmerman Reed LLP and thousands of its clients are unlawfully conspiring to "weaponize" a California wiretapping law in bringing a crush of arbitration claims against L'Occitane over its website user tracking practices, the cosmetics and home goods retailer alleged in urging a California federal court to put an end to this "shakedown."

  • February 12, 2024

    9th Circ. Sends Sports Buyers' Data Breach Suits To Arbitration

    The Ninth Circuit on Monday backed a California federal judge's ruling that a group of consumers must arbitrate their claims in six proposed class actions against online sports apparel retailers after their personal information was exposed in a data breach.

  • February 12, 2024

    Ohio Judge Refuses To End Pause On Social Media Age Law

    An Ohio federal judge has extended a temporary hold on a new state law requiring social media platforms and other sites to get parents' consent before opening accounts for children under 16, issuing a preliminary injunction after finding the law unconstitutional.

  • February 12, 2024

    Debt Collector Signs $2.45M Deal In Ransomware Breach Suit

    Convergent Outsourcing will pay $2.45 million to settle a proposed class action stemming from a ransomware attack two years ago that potentially exposed the names, contact information and Social Security numbers of over 640,000 people, according to a renewed preliminary approval motion filed Friday in Washington federal court.

  • February 12, 2024

    Google Says AI Data-Scraping Suit Still Doesn't Hold Up

    Google has once again asked a California federal judge to throw out, for good this time, a proposed class action claiming it steals private and copyrighted information from Americans to train its artificial intelligence chatbot, arguing consumers "have only made things worse" in the latest version of their complaint.

  • February 12, 2024

    Colo. Public Defender's Office Hit By Computer Hack

    The Office of the Colorado State Public Defender said Monday it has shut down its computer network following a cybersecurity breach.

  • February 12, 2024

    Drivers Who Ran JFK Airport Taxi Line Hack Scam Get Prison

    A Manhattan federal judge sentenced two drivers from Queens, New York, to prison Monday after they admitted joining with Russian hackers to compromise JFK Airport's taxi dispatch system, charging other drivers $10 each — $323,000 in total — to cut the line.

  • February 12, 2024

    NC High Court Snapshot: Philip Morris Fights Tax Credit Limit

    North Carolina's top court will return in February from an extended hiatus to weigh whether a home healthcare company was correctly ejected from the state's Medicaid program, and if regulators were right to limit state export tax credits for tobacco giant Philip Morris.

  • February 12, 2024

    ByteDance Can't Pause TikTok's EU 'Gatekeeper' Designation

    A European court has rejected a bid by TikTok's parent company ByteDance to pause the video-sharing service's designation as a "gatekeeper" ahead of a March deadline to comply with new obligations under the Digital Markets Act to provide users more choice.

Expert Analysis

  • NC TikTok Order Holds Lessons On Handling State AG Probes

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    Earlier this month, a North Carolina appeals court compelled TikTok to give the state attorney general information relating to 98,000 recorded Zoom meetings, reminding companies that successful civil litigation strategies may have the opposite effect in the state or regulatory investigation context, say attorneys at Troutman Pepper.

  • Takeaways From SEC's Aggressive Cybersecurity Moves

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    The U.S. Securities and Exchange Commission's intensifying policy on cybersecurity and securities violations in the wake of a data breach — like its enforcement action against SolarWinds and its security officer — has emboldened shareholders to file related suits, creating a heightened threat to public companies, say attorneys at Baker McKenzie.

  • Considerations For Lawyer Witnesses After FTX Trial

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    Sam Bankman-Fried's recent trial testimony about his lawyers' involvement in FTX's business highlights the need for attorney-witnesses to understand privilege issues in order to avoid costly discovery disputes and, potentially, uncover critical evidence an adversary might seek to conceal, says Lawrence Bluestone at Genova Burns.

  • How Merck Settlement Can Inform Cyberinsurance Approach

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    This month's settlement in Merck v. ACE spotlights how cyber exclusions have evolved since the significant decision in the case — allowing for insurance coverage despite the presence of a policy war exclusion — and where else corporate risk managers may look for coverage in case of a cyberattack, say attorneys at McGuireWoods.

  • 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.

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