Cybersecurity & Privacy

  • February 08, 2024

    Texas Jury Clears Cloudflare, Axes Router Patent Claim

    San Francisco software company Cloudflare did not infringe a router patent owned by Sable Networks, a Texas federal jury determined Thursday, while also finding that Sable's asserted claim is invalid.

  • February 08, 2024

    Dechert Pushes To Deep-Six Hacking Cover-Up Suit

    Dechert LLP, its former white collar practice leader and others on Thursday urged a New York federal judge to find that alleged concealment of a hacking campaign to discredit a critic of a firm client isn't enough to support a civil Racketeer Influenced and Corrupt Organizations Act case.

  • February 08, 2024

    Calif. AG Not To Be Counted Out In Privacy Enforcement Arena

    The California attorney general's recent moves to crack down on streaming providers' data privacy practices and push for heightened digital safeguards for children show that the agency has no intention of backing down in this arena, even as the state's unique stand-alone data protection regulator ramps up its activity.

  • February 08, 2024

    FSOC 'Very Focused' On Nonbank Mortgage Risk, Yellen Says

    U.S. Treasury Secretary Janet Yellen told lawmakers on Thursday that federal regulators have "concern" about potential nonbank fragility in the mortgage market, and offered encouragement for legislative efforts to guard against artificial intelligence risks to the financial sector.

  • February 08, 2024

    Broker Hit With Suit Over Data Breach Affecting 1.5 Million

    A California insurance broker is facing a proposed class action filed Thursday in federal court accusing the company of failing to keep the health and personal information of more than 1.5 million customers safe from exposure in an August cyberattack.

  • February 08, 2024

    GolfNow And NBC Hit With Class Action Over Data Sharing

    GolfPass subscribers have hit GolfNow LLC and NBC Universal Media with a proposed class action claiming the companies collect and share consumers' personally identifiable information with Meta without their consent.

  • February 08, 2024

    Homeland Security's AI Use Records Faulty, Watchdog Says

    The U.S. Department of Homeland Security has failed to accurately note that some of its cybersecurity programs use artificial intelligence as required under a presidential executive order, according to a government watchdog assessing vulnerabilities to cyberattacks.

  • February 08, 2024

    Ex-BigLaw Atty Must Revamp Social Media Defamation Suit

    The social media influencer facing a $150 million defamation lawsuit claiming he misrepresented an ex-Greenberg Traurig LLP attorney's nightmarish divorce can breathe a sigh of relief — for now — as a Florida federal judge tossed the suit Thursday after finding it is "far longer than it needs be," but said most of it can proceed if refiled properly.

  • February 08, 2024

    Conn. Doc Says Website Must Unmask Fake Online Reviewer

    A Connecticut plastic surgeon asked a state court Wednesday to force the operator of website HealthGrades.com to unmask the person who posted an allegedly fake review saying she was "disfigured" by a recent procedure.

  • February 08, 2024

    Alex Jones Atty Calls Infowars 'Nonsense' In $1.4B Appeal

    Arguing in front of the shooting victims' families and squarely calling his client's broadcasts "nonsense," a lawyer for Alex Jones told the Connecticut Appellate Court on Thursday that $1.44 billion was too high a price for the Infowars website host's claims that the Sandy Hook school massacre was a "hoax."

  • February 08, 2024

    EU Says It's Not Debating Sanctions For Broadcaster Carlson

    The European Union is not currently discussing any sanctions against U.S. broadcaster Tucker Carlson for what the EU considers is the spreading of Russian propaganda, although each EU country may at any time propose possible media candidates for blacklisting, the European Commission said Thursday.

  • February 08, 2024

    FCC Bans Junk Robocalls Using AI-Cloned Voices

    The Federal Communications Commission on Thursday banned unwanted robocalls using cloned voices developed with artificial intelligence.

  • February 07, 2024

    Chinese Hackers Accessed Infrastructure For Years, US Warns

    United States intelligence agencies and allies confirmed on Wednesday that a Chinese state-sponsored hacker group called Volt Typhoon has infiltrated critical industries, including communications, transportation, energy, and water and wastewater systems, some of which have been compromised for at least five years.

  • February 07, 2024

    Unfriend $90M Facebook Privacy Deal, Objectors Tell 9th Circ.

    The Ninth Circuit heard Wednesday from various objectors who oppose a $90 million deal ending litigation accusing Facebook of unlawfully tracking logged-out users' browsing activity, with one attorney saying Facebook's due process rights wouldn't be violated if it were ordered to pay over $1 trillion in damages.

  • February 07, 2024

    Spouses Ran PPP Fraud In Secret, Ga. Defendants Tell Jury

    A Georgia man and woman standing trial for charges that they helped orchestrate a scheme to illegally obtain $11 million in Paycheck Protection Program loans were unwittingly implicated in the fraud by their respective spouses, the defendants' lawyers told a federal jury Wednesday.

  • February 07, 2024

    Wash. High Court Won't Review J&J Patient Privacy Ruling

    The Washington State Supreme Court won't review a ruling blocking Johnson & Johnson from seeing data on millions of patients in a suit over the opioid epidemic, just weeks after the drugmaker struck a $150 million deal with the state to end the litigation.

  • February 07, 2024

    FCC Republican Says 'Cyber Trust Mark' Needs Teeth

    For the Federal Communications Commission's Cyber Trust Mark — a label intended to signal that a device is secure from cyber interference — to have "teeth," companies need to be legally liable for any vulnerabilities that crop up after sale, one of the agency's Republican commissioners says.

  • February 07, 2024

    Facebook User Fights Uphill To Revive BIPA Case At 9th Circ.

    A Ninth Circuit judge on Wednesday told an attorney for a man alleging Facebook violated an Illinois biometric privacy law by storing an image of his face that he may agree a lower court's rationale for tossing the case was wrong, but said there might be other grounds for affirming the judgment.

  • February 07, 2024

    AI Co. Can't Bring Job Postings IP Suit In Calif., Judge Says

    A California federal judge has tossed a copyright complaint from a company that accused a Colorado-based competitor of stealing its artificial intelligence-driven job postings database, saying the plaintiff has not shown its rival's alleged conduct is meaningfully connected to the Golden State.

  • February 07, 2024

    6 Charged With Defrauding Court-Appointed Attorneys

    Six defendants were charged in Brooklyn federal court with stealing and cashing checks that were meant for court-appointed attorneys' legal work, prosecutors announced Wednesday.

  • February 06, 2024

    HHS Signs $4.75M Pact With NYC Hospital Over Data Theft

    A hospital in New York City's borough of the Bronx has agreed to pay $4.75 million and implement a corrective active plan to resolve the U.S. Department of Health and Human Services' claims that Montefiore Medical Center's "multiple" potential data security failings led to an employee stealing and selling thousands of patients' protected health information, the HHS said Tuesday. 

  • February 06, 2024

    Meta, Snap Want Schools' Social Media MDL Suit Tossed

    Meta, Snap and other social media giants asked a California federal judge Monday to toss claims by schools and local governments over expenses incurred addressing the purported harms to students from the addictive features of their platforms, arguing the claims are barred by the First Amendment and the Communications Decency Act.

  • February 06, 2024

    FCC Targeting Companies Behind Biden Deepfake In NH

    The Federal Communications Commission is taking action against the alleged originators of a robocall campaign that used a deepfake of President Joe Biden's voice to urge New Hampshire voters to stay home from the state's Jan. 23 Republican primary.

  • February 06, 2024

    Pa. Courts' Site Mostly Back Online Amid 'Battle' With Hackers

    The Pennsylvania courts' website remains in "a virtual battle with an unknown opponent" as portions of the state's online court systems have been restored as of Tuesday afternoon following a cyberattack that started over the weekend, according to an update from the state supreme court's chief justice.

  • February 06, 2024

    Polsinelli Adds 9 Cybersecurity Attys From Maynard Nexsen

    Polsinelli PC said Tuesday that it has expanded its cybersecurity and data privacy team with the addition of a nine-lawyer group from Maynard Nexsen PC, including four former practice leaders.

Expert Analysis

  • 7 E-Discovery Predictions For 2024 And Beyond

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    The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.

  • DOD's Proposed Cyber Rule: What Contractors Must Know

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    A review of the U.S. Department of Defense's recently published Cybersecurity Maturity Model Certification proposed rule, requiring independent third-party cybersecurity assessments for many defense contractors, suggests that there will be a competitive advantage to prompt demonstration of full compliance with the rule, says Robert Metzger at Rogers Joseph.

  • Top Considerations For Retailers Using AI To Combat Theft

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    The Federal Trade Commission's recent enforcement action against Rite Aid indicates a significant evolution in the landscape surrounding biometric information and artificial intelligence data collection by retailers, meaning retailers should take reasonable measures to prevent harm to customers, say attorneys at Dentons.

  • Major EU AI Banking Ruling Will Reverberate Across Sectors

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    Following the European Court of Justice's recent OQ v. Land Hessen decision that banks' use of AI-driven credit scores to make consumer decisions did not comply with the General Data Protection Regulation, regulators indicated that the ruling would apply broadly, leaving numerous industries that employ AI-powered decisions open to scrutiny, say lawyers at Alston & Bird.

  • Trends That Tech Lawyers Should Keep An Eye On In 2024

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    Worldwide technology spending is projected to strengthen in 2024, spurred by artificial intelligence-driven solutions, and five areas of growth may affect lawyers' practice in this sector, says Sonia Baldia at Kilpatrick.

  • CFPB As Pay App Watchdog May Invite More Fintech Regs

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    While the Consumer Financial Protection Bureau's recent proposal to enhance federal oversight of the biggest consumer payment applications would impose no new regulatory obligations, the rulemaking could provoke heightened scrutiny for all participants in the digital payments market, say attorneys at Steptoe.

  • Emerging Risks Affecting The Tech Legal Landscape

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    The tech industry has become a battleground for various legal challenges shaped by geopolitical events, partisan politics, regulatory initiatives, patent disputes and class action trends, but companies can adopt several proactive legal strategies to safeguard their interests, say Natasha Allen and Louis Lehot at Foley & Lardner.

  • 5 Litigation Funding Trends To Note In 2024

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    Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.

  • 5 Securities Litigation Issues To Watch In 2024

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    There is yet another exciting year ahead for securities litigation, starting with the U.S. Supreme Court hearing argument next week in a case presenting a key securities class action question that has eluded review for the last eight years, say attorneys at Willkie.

  • Unpacking NIST's Guidance On Genomic Data Cybersecurity

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    The National Institute of Standards and Technology's final internal report on cybersecurity of genomic data highlights unique concerns associated with the use of such data and provides strong recommendations for risk management, though one area of the report may cause some confusion, say attorneys at Ropes & Gray.

  • A Look At Consumer Reporting In 2023, And What's To Come

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    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.

  • What To Know About FCA Cybersecurity Enforcement

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    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.

  • 8 Privacy Law Predictions For 2024

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    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.

  • 4 Legal Ethics Considerations For The New Year

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    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.

  • FTC Rite Aid Order Holds Biometrics And AI Compliance Tips

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    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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