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Cybersecurity & Privacy
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March 11, 2024
Covington Holdout Drops SEC Cyberattack Appeal
The anonymous Covington & Burling LLP client who objected to a demand that they reveal themselves to the U.S. Securities and Exchange Commission as a victim of a 2020 hack on the law firm agreed on Monday to drop the appeal of the subpoena enforcement action.
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March 11, 2024
Ex-K&L Gates Atty Wants Out Of Prison In Cyberstalking Case
A former K&L Gates LLP partner sentenced to two years in prison for cyberstalking and harassing his colleagues has moved for compassionate release seven months before his release date, citing his deteriorating health and poor living conditions behind bars.
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March 11, 2024
Steptoe Adds Dentons' Ex-Global Security Chief As Partner
Steptoe LLP has added a security and threat analysis expert who previously served as Dentons' global chief security officer as a partner in Washington, D.C., the firm announced Monday.
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March 08, 2024
Trump 'An Existential Threat' To Rule Of Law, Attys Warn
Former President Donald Trump represents an "existential threat" to democracy and the rule of law, legal experts said Friday at a conference on white collar crime in San Francisco.
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March 08, 2024
Visa, Mastercard's Standing Challenge Fails In Swipe Fee Case
A New York federal judge in a newly unsealed order rejected Visa and Mastercard's bid for summary judgment that claimed that merchants suing the card companies over allegedly anticompetitive conduct lack standing to do so under U.S. Supreme Court precedent.
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March 08, 2024
DOJ Eyes FCPA For New Whistleblower Rewards Program
U.S. Department of Justice officials on Friday signaled a renewed emphasis on fighting foreign corruption, saying its planned whistleblower rewards program should prove useful in Foreign Corrupt Practices Act cases against private companies, and warned companies against running afoul of new rules barring the sale of personal data to foreign adversaries of the U.S.
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March 08, 2024
Lawyers Ask To Drop Mich. Atty In Criminal Vote Tamper Case
Lawyers for a Michigan attorney accused of tampering with voting machines after the 2020 election told a state court Friday they could no longer represent her, one day after she was ordered to turn herself in for ignoring court orders.
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March 08, 2024
Consumers Fight Dismissal Bids In Microsoft And OpenAI Suit
Consumers who say their privacy was violated by Microsoft Corp. and OpenAI LP's products are urging California federal court not to dismiss their complaint, saying it clearly and in detail lays out the basis for their allegations.
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March 08, 2024
Experian Biased Jury In Credit Reporting Suit, 11th Circ. Told
An attorney for a Florida resident who sued Experian alleging it inaccurately reported a discharged mortgage in his credit history told the Eleventh Circuit on Friday that a lower court judge allowed the company to introduce improper evidence at trial, arguing it caused jurors to deliver an unfavorable verdict against her client.
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March 08, 2024
Microsoft Pushes AI As Weapon For Fighting Robocalls
Microsoft is continuing its push to convince the Federal Communications Commission that artificial intelligence can help in its effort to combat robocalls and texts, not just make the problem worse.
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March 08, 2024
FCC Says There's No Order To Appeal In IT Fund Suspension
The D.C. Circuit shouldn't rush to hear a case accusing the Federal Communications Commission of dragging its feet on releasing subsidy funds for tech support at grade schools because there's no order from the FCC to be appealed, the agency has said.
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March 08, 2024
Fed Sharpens Threat Safeguard Rules For Payment Utilities
The Federal Reserve said Friday that it has finalized expanded risk-management requirements aimed at hardening key providers of payments infrastructure against cybersecurity disruptions, extreme weather and other threats to their critical operations.
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March 08, 2024
Apple Relents, Paving Way For Epic Games Store In EU
Epic Games will be able to establish its own app store on European iPhones after all, after Apple changed course Friday, two days after blocking the Fortnite developer from launching its own iOS app store in the latest dustup over Apple control and brand-new European Union rules.
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March 08, 2024
IRS Leaker Should Be Deposed Without All Docs, Judge Says
Attorneys for a hedge fund executive should question the former IRS contractor who admitted to stealing the tax returns of him and others, even though the IRS hasn't finished producing evidence in the case seeking to hold the agency responsible for the leak, a Florida federal judge said Friday.
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March 08, 2024
CFIUS Rules May Need Review Amid 'Exponential' Growth
Foreign direct investment-related enforcement and penalty processes in the U.S. could use a review amid "exponential" growth in FDI regimes across the globe, greater awareness of national security risks, and increased U.S. outreach to foreign partners, a U.S. Treasury Department official said Friday.
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March 08, 2024
Confirmation Of GOP Members Restores FTC To Full Strength
The U.S. Senate unanimously confirmed two Republican members to the Federal Trade Commission, balancing out what had been an all-Democratic agency for nearly a year and restoring its full quintet for the first time in almost a year and a half.
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March 08, 2024
Cybersecurity Co. Promotes Attys To GC, Chief People Officer
Florida-based cybersecurity company ReliaQuest announced it has promoted two of its in-house attorneys to general counsel and chief people officer.
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March 08, 2024
Justices Urged To Review Immunity Law In Snapchat Abuse Suit
A man who alleges that his high school teacher used Snapchat to send him sexually explicit material when he was 15 is asking the U.S. Supreme Court to review a Fifth Circuit decision dismissing his claims, saying it's an ideal vehicle for the justices to fix an overbroad interpretation of Section 230 of the Communications Decency Act.
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March 08, 2024
Big Shift Unlikely In Cybersecurity Regs, Despite Concerns
The U.S. Department of Defense is unlikely to significantly alter its cybersecurity proposals for contractors, despite calls from its private industry base for more flexibility and clarity.
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March 07, 2024
House Panel Advances Bills To Ban TikTok, Block Data Sales
The House Commerce Committee on Thursday unanimously approved a pair of bills targeting national security concerns related to foreign adversaries' access to personal information about Americans, including a measure that would effectively ban TikTok from the U.S. unless it's cut from its Chinese parent company.
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March 07, 2024
Judges Say Facing Threats And Vitriol Now Part Of The Job
Federal judges spoke Thursday about the challenges of the profession in the 21st century, describing how they've either received threats or know of warnings against colleagues, with one jurist saying she received 11 death threats during her first three months on the bench.
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March 07, 2024
Full 9th Circ. Must Review $90M Facebook Deal, Objectors Say
Objectors have urged the Ninth Circuit for an en banc review of a $90 million settlement for claims Facebook illegally tracked logged-out users' browsing activity, with one attorney saying the service awards conflict with controlling precedent while limiting the 124 million other individuals affected to just 73 cents per person.
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March 07, 2024
Wash. Justices Won't Hear Unions' Wage Clawback Case
Washington's highest court has rejected three unions' request for justices to decide how private employers may respond when they erroneously overpay employees, clearing the way for a jury to hear the case contesting a healthcare system's wage clawback after its payroll system was hit by a cyberattack.
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March 07, 2024
Deputy AG Unveils DOJ Whistleblower Rewards Pilot Program
Deputy Attorney General Lisa Monaco on Thursday said the U.S. Department of Justice will soon begin a pilot program to financially reward whistleblowers who alert prosecutors to significant corporate misconduct.
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March 07, 2024
Mich. Atty Faces Arrest After Skipping Vote Tamper Hearing
A Michigan attorney accused of tampering with voting machines after the 2020 election must turn herself in by the end of the day Friday or risk being arrested after failing to show up for a hearing in her criminal case Thursday.
Expert Analysis
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AI Can Help Lawyers Overcome The Programming Barrier
Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.
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Cos. Must Adapt To Calif. Immigration Data Privacy Law
California’s recently signed A.B. 947 expands the California Consumer Privacy Act and brings the state in line with other comprehensive privacy laws that address immigration status, meaning companies should make any necessary updates to their processes and disclosures, say Kate Lucente and Matt Dhaiti at DLA Piper.
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How Legal Teams Can Prep For Life Sciences' Tech Revolution
The life sciences and health care industries are uniquely positioned to take advantage of new efficiencies created by cloud computing and generative artificial intelligence, but the sensitivity of their data also demands careful navigation of an expanding legislative and regulatory landscape, say Kristi Gedid, Zack Laplante and Lisa LaMotta at Ernst & Young.
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Key Takeaways From CFPB's Proposed Data-Sharing Rules
The Consumer Financial Protection Bureau's recently announced proposed rule for regulating personal financial data rights sheds light on the bureau's stance regarding practices like screen-scraping and may presage further activity that could involve more concrete enforcement actions, say attorneys at Wilson Sonsini.
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Transparency And Explainability Are Critical To AI Compliance
Although there is not yet a comprehensive law governing artificial intelligence, regulators have tools to hold businesses accountable, and companies need to focus on ensuring that consumers and key stakeholders understand how their AI systems operate and make decisions, say Chanley Howell and Lauren Hudon at Foley & Lardner.
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Opinion
What 5th Circ. Uncrewed Aircraft Systems Ruling Got Wrong
The Fifth Circuit’s recent ruling in National Press Photographers Association v. McGraw threatens to dilute the First Amendment rights of photographers using uncrewed aircraft systems and undermine federal control of the airspace, and is indicative of how other courts may misinterpret the Federal Aviation Administration's new fact sheet down the line, say attorneys at Wiley Rein.
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Breaking Down The SEC's 2024 Examination Priorities
The U.S. Securities and Exchange Commission’s recently released examination priorities for the year ahead signal a steady course from prior years, but they also include some specific new concerns and important twists on perennial risk areas, say Kurt Gottschall and Kit Addleman at Haynes Boone.
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Preparing Law Students For A New, AI-Assisted Legal World
As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.
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SolarWinds Ushers In New Era Of SEC Cyber Enforcement
The U.S. Securities and Exchange Commission's recent lawsuit against software company SolarWinds Corp. and its chief information security officer is the first time the SEC has ever filed suit over scienter-based fraud involving cybersecurity failures, illustrating that both companies and CISOs need to be extra cautious in how they describe their cybersecurity practices, say attorneys at Jenner & Block.
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General Counsel Need Data Literacy To Keep Up With AI
With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.
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A Look At Successful Bid Protests In FY 2023
Attorneys at Sheppard Mullin look beyond the statistics in the U.S. Government Accountability Office’s recent annual report on bid protests, sharing their insights about nine categories of sustained protests, gained from reading every fiscal year 2023 decision in which the protester had a positive result.
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AI Isn't The Wild West, So Prepare Now For Bias Risks
In addition to President Joe Biden's recent historic executive order on safe, secure and trustworthy artificial intelligence, there are existing federal and state laws prohibiting fraud, defamation and even discrimination, so companies considering using or developing AI should take steps to minimize legal and business risks, says civil rights attorney Farhana Khera.
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Navigating Discovery Of Generative AI Information
As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.
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First-Of-Its-Kind Artist AI Ruling Offers Liability Guidance
A California judge recently became the first federal judge in Andersen v. Stability AI to rule at the pleading stage on a challenge to claims that training artificial intelligence models involves mass-scale copyright infringement, providing insight into the potential legal exposure of AI-enabled products, say attorneys at Fenwick.
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Finding Focus: Strategies For Attorneys With ADHD
Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.