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Cybersecurity & Privacy
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March 22, 2024
$900M Trade Secrets Case Against Kaiser Foundation Flops
A California state judge has ruled that, after more than five years of litigation against the Kaiser Foundation, a pastor's small medical technology startup cannot "explain what was unique or secret about its conception for transmitting patient data" that was purportedly worth beyond $900 million.
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March 22, 2024
DraftKings' Suit Is 'Character Assassination,' Former VP Says
A former DraftKings executive picked apart a trade secret suit brought against him in Massachusetts federal court by his ex-employer, saying it's an attempt to "torch his reputation" with questionable evidence that also demonstrates the company's practice of smearing employees who leave for better opportunities.
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March 22, 2024
Senators Call On White House To Declassify TikTok Info
A pair of U.S. senators is calling on the Biden administration to declassify information from TikTok and its owner ByteDance, citing national security concerns.
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March 22, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen the BBC and Wall to Wall Media hit with a passing off lawsuit by musician BOSSIIE, Poundland parent company Pepco Group file a commercial fraud claim against several mobile network giants, family law specialists Alexiou Fisher Philipps LLP start proceedings against former oil trader Michael Prest, and a transgender lawyer file a libel claim against a blogger. Here, Law360 looks at these and other new claims in the U.K.
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March 22, 2024
Del. Courts Examining 'Colonoscopy'-Like Bylaw Rules
Invasive advance-notice bylaws that some observers say make shareholder board nominations as intrusive as a "colonoscopy" are reviving old questions in Delaware courts about how far boards can go to protect themselves against shareholder activism.
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March 21, 2024
US DOT Eyeing Airlines' Consumer Privacy And Data Security
The U.S. Department of Transportation said Thursday it will conduct a privacy review of the country's largest airlines, focusing on their collection and use of passengers' personal information in response to consumer complaints that airline employees and contractors have mishandled their data.
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March 21, 2024
9th Circ. Won't Rethink Apple App Store Rival's Antitrust Suit
A split Ninth Circuit panel has refused to rehear a rival app store developer's bid to revive an antitrust suit alleging that Apple monopolizes the market for app distribution on iOS devices with its App store.
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March 21, 2024
Sens. Want Spectrum Pipeline, But Worry Over Nat'l Security
Lawmakers warned Thursday that the U.S. could lose its global leadership role in telecommunications technology by delaying plans to auction more spectrum for commercial use, but said they must first deal with the national security concerns posed by shared use of the airwaves with defense users.
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March 21, 2024
Asbestos Claimants Balk At Subpoena For Claims Data
The asbestos injury claimants in the two Chapter 11 cases of CertainTeed spinoff DBMP LLC and Aldrich Pump LLC have asked a North Carolina judge to reject DBMP's request to access Aldrich Pump's asbestos claims records, saying it is unnecessary and invading the claimants' privacy.
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March 21, 2024
Robins Kaplan, Funding Firm Must Pay Sanctions, Court Told
An investment firm has urged a New York state appellate court to uphold a $156,000 sanction levied against a litigation funding firm and its counsel from Robins Kaplan LLP over the law firm's access to the opposing party's Dropbox account, saying a trial court acted within its discretion in imposing the sanction.
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March 21, 2024
12 Ex-Constantine Cannon Attys Launch Whistleblower Firm
A dozen attorneys who have represented whistleblowers from Facebook, Theranos and Boeing have left Constantine Cannon LLP to form their own stand-alone boutique to support whistleblowers and boost corporate accountability globally, according to a Thursday announcement.
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March 21, 2024
USPTO Expands Types Of E-Signatures Allowed For Patents
The U.S. Patent and Trademark Office will allow filers to sign patent documents using a wider range of third-party electronic signature platforms, including DocuSign and Acrobat Sign, starting Friday.
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March 20, 2024
House Passes Bill To Protect Data From Foreign Adversaries
The House voted unanimously on Wednesday to pass landmark data protection legislation that would ban data brokers from transferring, selling or providing access to Americans' sensitive personal data to foreign adversaries, including China.
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March 20, 2024
SentinelOne Sued In Del. Over Advance Notice Bylaw
A shareholder of cybersecurity company SentinelOne Inc. filed a proposed class action against the company's board in Delaware's Court of Chancery on Tuesday, seeking to invalidate a "coercive and preclusive" advance notice bylaw related to board nominations.
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March 20, 2024
Health And Safety Top Risk For Directors, Global Survey Says
Health and safety is the top risk for directors and officers worldwide, according to a survey published Wednesday, in a "surprise" result partly attributed to the lingering impact of the COVID-19 pandemic on businesses and increasing mental health considerations.
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March 20, 2024
Tech Partner Takes Reins Of New AI Team At Phillips Lytle
Phillips Lytle this week became one of the latest firms to unveil a dedicated team focused on artificial intelligence, with a partner experienced in technology and business matters poised to lead that group of seven attorneys overall.
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March 20, 2024
EU Commission Builds 'Toolkit' To Fight Counterfeiting
The European Commission has adopted new measures to crack down on counterfeiting aimed at strengthening intellectual property rights by increasing the sanctions for criminal offenses while also designating a single contact point for enforcement issues.
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March 20, 2024
Prince Harry, Others Bid To Pull Murdoch Into Privacy Claim
Prince Harry and other claimants urged a London court on Wednesday to allow them to add allegations about the use of private investigators to their claim against tabloid publisher News Group, saying that leading figures in the company including Rupert Murdoch were involved in an alleged cover-up.
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March 20, 2024
White Supremacist Must Pay $10M For Election Robocalls
A Montana federal judge has ordered an Idaho white supremacist to pay the Federal Communications Commission $9.9 million after being found liable for sending out thousands of racist robocalls.
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March 20, 2024
AI Misuse Will Drive Cyber Insurance Demand, Actuary Says
The use of artificial intelligence by criminals and other evolving threats will boost demand for cyber-insurance for at least the next decade, according to analysis published Wednesday by actuarial consultancy OAC.
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March 20, 2024
Journalist Can Sue UAE Over Alleged Hacking, Court Says
A court has given a British journalist the green light to sue the United Arab Emirates over its alleged use of spyware to infiltrate her mobile phone, in the first U.K. case of its kind, lawyers for the reporter said on Wednesday.
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March 20, 2024
How The Supreme Court Could Narrow Chevron
After hours of oral argument in a closely watched administrative law case, it appeared that some U.S. Supreme Court justices could be open to limiting the opportunities for lower courts to defer to federal agencies' legal interpretations in disputes over rulemaking — and legal experts said there are a number of ways they could do it.
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March 20, 2024
FCC Urged To Spend On School Firewalls, Not Wi-Fi Hotspots
The Federal Communications Commission could better spend funds for education on beefed-up cybersecurity than on a controversial proposal for Wi-Fi hotspots, a broadband industry group told the agency.
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March 20, 2024
EU's AI Act Disclosure Rules Could Spark Further Litigation
The European Union's new artificial intelligence law included some welcome guardrails to protect intellectual property rights. But lawyers say it remains to be seen whether these new rules will bridge the gap between concerned rights holders and AI pioneers.
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March 20, 2024
Law360 Announces The Members Of Its 2024 Editorial Boards
Law360 is pleased to announce the formation of its 2024 Editorial Advisory Boards.
Expert Analysis
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Opinion
Metaverse Regs Pose Risks To Consumer Safety And Privacy
The U.K.'s recently passed Online Safety Act, and other pending proposals globally, could remove metaverse users' anonymity — with potentially catastrophic ramifications for virtual world activity, consumer privacy and safety, and the line between government authority and platform decision making, says attorney Donna Etemadi.
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Opinion
Legal Profession Gender Parity Requires Equal Parental Leave
To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
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Pay Attention To Contract Law Tenets Amid AI Incorporation
Providers of information technology products and services are rushing to market with various generative artificial intelligence-based solutions and attempting to unilaterally amend existing agreements with their customers, but parties should beware that such amendments may be one-sided, say Jeffrey Harvey and Sharon Harrington at Hunton.
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How FinCEN's Proposed Rule Stirs The Pot On Crypto Mixing
The Financial Crimes Enforcement Network’s recently issued proposal aims to impose additional reporting requirements to mitigate the risks posed by convertible virtual currency mixing transactions, meaning financial institutions may need new monitoring techniques to detect CVC mixing beyond just exposure, say Jared Johnson and Jordan Yeagley at Buchanan Ingersoll.
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2nd Circ. Defamation Ruling May Chill NY Title IX Reports
The Second Circuit’s recent decision, holding accusers in Connecticut Title IX sexual misconduct cases are not immune to defamation claims, means that New York higher education institutions should reassess whether their disciplinary hearing procedures both protect due process and encourage victim and witness participation, says Nicole Donatich at Cullen and Dykman.
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Series
Writing Thriller Novels Makes Me A Better Lawyer
Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.
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What Lawyers Must Know About Calif. State Bar's AI Guidance
Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.
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Industry Must Elevate Native American Women Attys' Stories
The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.
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A Look At Mass. Sports Betting Data Privacy Regulations
The Massachusetts Gaming Commission recently approved data privacy regulations under the state's sports wagering act to promote responsible gaming, showing a trend of regulators directing companies on how to protect personal information used by artificial intelligence systems, say Liisa Thomas and Kathryn Smith at Sheppard Mullin.
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White House Activity Is A Band-Aid For Regulating AI In Health
In the medium term, recent White House actions will have a greater impact on AI in the health care industry than Congress' sluggish efforts to regulate it, but ultimately legislation of AI's development and use in the health space will fall to Congress, say Wendell Bartnick and Vanessa Perumal at Reed Smith.
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Crypto, Audit Cases Dominate SEC's Enforcement Focus In '23
Attorneys at Covington examine the U.S. Securities and Exchange Commission's fiscal year 2023 enforcement results, which marked the SEC's third consecutive year of increasing enforcement activity since Chair Gary Gensler took over in 2021 — this time driven by a focus on combating cryptocurrency-related scams and enforcing recordkeeping compliance.
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New York Cybersecurity Amendments Raise Regulatory Bar
Financial service providers both in and outside New York should study recent changes to the state financial regulator's cybersecurity requirements, which add governance controls, technical safeguards and incident response protocols to improve what is already becoming the national benchmark for robust cybersecurity compliance programs, say attorneys at Baker McKenzie.
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Understanding Discovery Obligations In Era Of Generative AI
Excerpt from Practical Guidance
Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.
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Kochava Ruling May Hint At Next Privacy Class Action Wave
The Southern District of California's recent ruling in Greenley v. Kochava and increasing complaints alleging that a consumer website is an illegal “pen register” due to the use of third-party marketing software tools foreshadow a new theory of liability for plaintiffs in privacy litigation, say attorneys at Crowell & Moring.
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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.