Milliman Reaches $15.5M Deal In Life Insurance FCRA Suit

By Ben Adlin

Risk management firm Milliman Inc. is set to pay $15.5 million to resolve a consumer class action accusing the company of peddling flawed information to life insurance companies, according to a proposed settlement that the plaintiffs filed for preliminary court approval in Washington federal court on Monday.

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Google Class Attys Get $2M In $8.25M Kids' App Tracking Deal

By Allison Grande

A California federal judge has awarded class counsel just over $2 million in fees and expenses as part of an $8.25 million deal to resolve a proposed class action accusing Google of surreptitiously tracking children's online activity, despite expressing "some concern" that the rates and hours billed by one plaintiffs' firm was "excessive" and rejecting some of the firm's travel expenses. 

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Mass. Hospitals Sue Lilly Over 340B Discount Data 'Extortion'

By Lauren Berg

A group of Massachusetts hospitals claim drugmaker Eli Lilly & Co. unlawfully holds hostage medication discounts meant to benefit low-income patients by demanding that hospitals hand over sensitive patient claims data or pay "exorbitant" inflated prices, according to a lawsuit filed Tuesday in Boston federal court.

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4th Circ. Says W.Va. Daniel's Law Is Unconstitutional

By Rose Krebs

The Fourth Circuit on Tuesday affirmed a district court determination striking down as unconstitutional West Virginia's law restricting the publication of the home addresses and phone numbers of law enforcement and judicial officials, saying the district court applied "well-established" First Amendment principles.

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Google Can't Dodge Ex-NPR Host's AI Voice Misuse Suit

By Lauren Berg

Google cannot escape former NPR "Morning Edition" co-host David Greene's lawsuit alleging the tech giant misappropriated his voice in an artificial intelligence podcasting product, a California judge ruled.

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AGs Sue To Block Treasury Rule Ending Shell Co. Reporting

By Jon Hill and Craig Clough

Nearly two dozen states sued the Trump administration Tuesday over its rollback of ownership reporting requirements for corporate entities, arguing the move constitutes an illegal, unilateral repeal of an anti-financial crime law that Congress enacted.

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GSA's Google Drive Left Sensitive Files Exposed, Report Says

By Madeline Lyskawa

The U.S. General Services Administration is falling short in protecting controlled unclassified information stored in its Google Drive, prompting unauthorized exposure to agency employees and contractors, a watchdog said in a Tuesday report.

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Anthropic's 'Existential Risks' Warning Sets Stage For AI IPOs

By Sarah Jarvis

Anthropic PBC's registration statement includes more than 90 pages of risk disclosures for prospective investors ahead of the Claude developer's planned public offering, including "existential risks to humanity" posed by advanced artificial intelligence and a corporate governance structure the company warns may make it difficult for voting shareholders to replace directors and managers.

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Daily Mail, Publishers Fight Google's 'Multi-Year Delay'

By Bryan Koenig

Gannett, the Daily Mail and a certified class of website publishers urged a New York federal judge Monday not to let Google pause a scheduled advertising placement technology trial, arguing in twin briefs that the U.S. Department of Justice's antitrust win is strong and Google's appeal won't disrupt the multidistrict litigation.

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AI Users Say SpaceXAI Can't Split, Arbitrate Slowdown Suit

By Bryan Koenig

Artificial intelligence users urged a California federal judge Tuesday not to let SpaceXAI separate itself from their proposed class action accusing it, Anthropic, OpenAI and Google of violating antitrust law through their "pace the frontier" collaboration slowing down AI development, attacking the Elon Musk-owned company's efforts to invoke arbitration.

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Snapchat Accused Of Letting Predators Exploit Kids

By P.J. D'Annunzio

The company behind the popular app Snapchat has been sued in Philadelphia court by a group of parents alleging that the platform allowed predators to sexually exploit their children while at the same time holding itself out to be a safe place for kids.

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CrowdStrike Wants Fed. Circ. To Ship Patent Case To Calif.

By Adam Lidgett

Cybersecurity company CrowdStrike wants the Federal Circuit to force a Texas federal judge to send a suit accusing it of infringing a series of patents owned by an arm of Arizona State University to California.

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Key Risk Assessment Gaps To Note From NY Cyber Guidance

Covered entities should take a fresh look at the compliance gaps flagged in recent New York State Department of Financial Services guidance on "deficient cybersecurity programs," particularly around scope, asset inventories and documentation, say attorneys at Mayer Brown.

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Open Issues After 2nd Circ.'s Airport Phone Search Ruling

While the Second Circuit’s recent U.S. v. Alisigwe decision confirms border agents' broad authority to conduct routine manual cellphone searches at ports of entry, significant questions remain about more wide-ranging forensic searches at the border, say attorneys at Baker Botts.

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AI Risks May Recalibrate 'Reasonable Security' Standards

A definitive answer to what constitutes reasonable vulnerability management in the age of artificial intelligence is still emerging, but the answer is likely less a reset of the standard than a recalibration of how organizations meet it, say Scott Loughlin at Hogan Lovells and Mike Priest at Globe Life.

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Tort Liability When AI Goes Rogue: Strict Liability

If artificial intelligence agents misbehave in unpredictable ways, and no reasonable precaution can prevent resulting harms, then a negligence regime may not provide sufficient remedy, and strict liability might be adapted to cover agents' misconduct — but the common notion of strict liability fits this situation imperfectly, says Donald Hawthorne at Carter Ledyard.

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FTC's Changing Model Raises Questions About Its Mission

Federal Trade Commission leaders have recently sketched a vision of an agency that continues an enforcement role distinct from the U.S. Department of Justice's, even as a shift toward greater presidential control makes enforcement more responsive to changes in administrations, say attorneys at Wiley.

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At 4th Circ., DOJ Admits But Downplays Goldstein Trial Errors

By Jeff Overley

The U.S. Department of Justice late Tuesday acknowledged that it confused key statutory terms related to jury instructions at famed appellate advocate Tom Goldstein's criminal trial, while also insisting "the government's mistake here was understandable" and shouldn't upend a jury's guilty verdict.

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Brief

Fenwick & West To Match $235K Salary Scale For Associates

By Tracey Read

Fenwick & West LLP is reportedly the latest firm that will raise associate pay in the new year.

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Ex-Fla. Bar Prez Accused Of Botching $350M Estate Claim

By Carolina Bolado

The widow of a Miami real estate investor is suing a former president of the Florida Bar for malpractice, claiming his botched representation left her without a claim to her late husband's $350 million estate.

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Analysis

3 Federal Circuit Clashes To Watch In November

By Ryan Davis

A high-stakes case that will determine whether the U.S. government should face patent infringement claims over Moderna's COVID-19 vaccines and Labcorp's appeal of a nine-figure patent verdict against it are among the arguments the Federal Circuit will hear in November.

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