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Cybersecurity & Privacy
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April 15, 2024
House Rejects Bid To Overturn Spy Bill Authorization
The U.S. House of Representatives on Monday rejected an attempt to overturn legislation reauthorizing a controversial foreign surveillance program after several Republican lawmakers took issue with the exclusion of a warrant requirement for accessing U.S. citizens' information.
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April 15, 2024
Minimize Nat'l Security Regs On Broadband, Verizon Says
Verizon said the Federal Communications Commission should not impose national security reviews that could disrupt existing broadband service when it passes a net neutrality order as expected this month.
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April 15, 2024
L'Occitane Privacy Suit Against Zimmerman Reed Trimmed
A Los Angeles federal court is weighing ending a suit by L'Occitane against Zimmerman Reed LLP and thousands of clients who complained that the company's website tracking tools violated their online privacy, after denying a bid by defendants to compel arbitration and tossing a claim that Zimmerman Reed violated the Computer Fraud and Abuse Act.
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April 15, 2024
Meta, FTC Pause Constitutionality Fight For High Court Ruling
Meta and the Federal Trade Commission agreed Monday to pause Meta's challenge of FTC changes to a 2020 settlement over user privacy until the U.S. Supreme Court issues a ruling on a similar case involving the U.S. Securities and Exchange Commission.
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April 15, 2024
Feds Say $3.5M 'Cryptojacking' Scam Targeted Cloud Services
A Nebraska man defrauded two cloud computing services of $3.5 million and used the proceeds to mine an additional $1 million in cryptocurrency, Brooklyn federal prosecutors said Monday.
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April 15, 2024
Catching Up With Delaware's Chancery Court
Last week, Delaware justices mulled whether one Chancery Court vice chancellor properly voided four company bylaws — just as another vice chancellor voided one more. Fights among Truth Social investors continued, and shareholders launched new cases involving Macy's, United Airlines, and Clayton Dubilier & Rice LLC and Stone Point Capital LLC.
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April 15, 2024
DC Judge Blocks Texas AG's Media Matters Investigation
A D.C. federal judge issued a preliminary injunction blocking Texas Attorney General Ken Paxton from investigating Media Matters over its reporting on the X social media platform, ruling that the probe deterred the progressive media watchdog's "core First Amendment activities."
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April 15, 2024
Conn. Atty Aided $1.4M Transfer Scam, Developer Says
Connecticut attorney Carole W. Briggs "intentionally orchestrated and participated in" a business email compromise scam that stole more than $1.4 million from a New Jersey-based real estate development company last year, according to a civil lawsuit in federal court.
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April 15, 2024
Conn. Attorney Says She'll End Defamation Lawsuit For $750K
A Connecticut attorney who accused an acquaintance of commissioning and disseminating a background check that falsely called her a convicted drug dealer has told a Constitution State court that she would be willing to resolve her defamation claims if that acquaintance agrees to pay her $750,000.
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April 15, 2024
State Farm, HOA Settle Wire Fraud D&O Coverage Dispute
A State Farm unit and a property owners association reached a conditional settlement agreement in the association's suit seeking directors and officers coverage for underlying litigation stemming from a wire fraud incident, they told a California federal court.
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April 15, 2024
Justices Won't Review Elanco's Win In Free-Dinner Fax Suit
The U.S. Supreme Court on Monday declined an Illinois animal hospital's invitation to review the Seventh Circuit's latest interpretation of "unsolicited advertisement" in a ruling that closed the door on the hospital's lawsuit targeting free seminar invitations from Elanco Animal Health Inc.
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April 12, 2024
Feds Rest In $110M Mango Markets Trial Of Crypto Trader
Manhattan federal prosecutors on Friday rested their case against a crypto trader accused of stealing $110 million from Mango Markets investors by pumping the price of the exchange's native token, while the defense argued that the government had failed to show that the crypto derivatives at issue were swaps as alleged in the indictment.
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April 12, 2024
Patreon Takes Aim At Constitutionality Of Video Privacy Law
Content monetization platform Patreon pressed a California federal judge Friday to toss a proposed class action claiming it violated the Video Privacy Protection Act by sharing members' video-watching data with Meta, arguing that the "poorly drafted" federal law unconstitutionally restricts its speech and imposes damages unrelated to any actual harm.
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April 12, 2024
Sports Co.'s Logistics Shutdown Suit Survives Dismissal Bid
A Washington federal judge has partially rejected a logistics company's dismissal bid in a manufacturer's lawsuit over a cyberattack that allegedly stunted operations, criticizing the "obtuse" argument that their deal didn't explicitly require the contractor to shield the client from such breaches.
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April 12, 2024
'Much More Is Coming': Experts See Wave Of AI-Related Suits
Legal experts speaking Friday at the University of California, Berkeley School of Law's symposium on artificial intelligence and evidence in civil litigation warned that broadening usage and increased regulation will lead to a wave of litigation over the technology, leaving courts to analyze the "black box" of corporate AI algorithms to determine liability.
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April 12, 2024
Ill. Court Affirms $300K Revenge Porn Award
A man who repeatedly uploaded an intimate video of his ex-girlfriend to pornography sites, identifying her by name and location, cannot shirk the $300,000 in damages that an Illinois judge slapped him with, a state appeals court has ruled.
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April 12, 2024
Epic Wants Google Play Store Reforms After Antitrust Verdict
Following Epic Games' jury win on antitrust claims related to the Google Play Store and Android apps, the "Fortnite" maker has asked a California federal judge to force Google to allow consumers to download apps from wherever they want and bar the tech giant from restricting in-app purchase options.
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April 12, 2024
Software Co. Hit With Patent Suit Over Data Tracker
A software developer has accused a rival of infringing patents that allow businesses to track a website user's browsing data without using third-party cookies, costing the developer profits.
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April 12, 2024
House To Retry Spy Bill After Warrant Measure Fails By 1 Vote
The U.S. House of Representatives on Friday voted to reauthorize government surveillance of foreigners without warrants, only to have a Florida Republican call for a reconsideration vote for Monday to require warrants for spying on Americans' communications caught up in the surveillance.
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April 12, 2024
Mogul Aims To Trace Part Of Alleged $35M Hack Payout To Atty
An airline mogul has doubled down on a bid to access the bank records of a North Carolina attorney and ex-FBI agent, saying those records will help "follow the money" to prove a large-scale hacking conspiracy against him that he claims involves a $35 million payout.
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April 12, 2024
Ex-Amazon Engineer Gets 3 Years For $12M Crypto Hacks
The former technical lead of Amazon's "bug bounty" program was sentenced in Manhattan federal court Friday to three years in prison for using his specialized computer engineering skills to steal more than $12 million from two decentralized cryptocurrency exchanges.
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April 12, 2024
Zoll Says 'Cookie-Cutter' Hack Claims Don't Show Harm
Zoll Medical Corp. is asking a Boston federal judge to toss a proposed class action brought by medical device customers whose personal information was released during a ransomware attack last year and an earlier data breach in 2019, arguing the consumers weren't actually injured.
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April 11, 2024
Proposed BIPA Penalty Reforms Advance In Ill. Legislature
The Illinois Senate on Thursday passed legislation that would update the Biometric Information Privacy Act as well as tweak its liability guidelines, a clarification that proponents say is needed to protect businesses from costly, frivolous litigation.
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April 11, 2024
FTC Curtails Treatment Provider's Sharing Of Health Data
The Federal Trade Commission took its latest step Thursday to crack down on the mishandling of sensitive health information, announcing a settlement that requires a New York-based alcohol addiction treatment service to obtain affirmative consent before sharing this data with third parties and bars the company from disclosing this information for advertising purposes.
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April 11, 2024
Auto Tech Group Floats Bill To End Abusers' Car Access
An auto technology group is pressing Congress to pass legislation that would make it easier for domestic violence survivors to cut off abusers' access to vehicles that use advanced wireless connectivity and could be used to track abused partners.
Expert Analysis
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Series
Texas Banking Brief: All The Notable Legal Updates In Q4
Among the most noteworthy developments in the Texas banking sphere in the last quarter of 2023 were the Texas Department of Banking's extension of the state banking commissioner's authority, a recommendation to implement an updated ransomware self-assessment tool, and ongoing litigation in the state involving the Consumer Financial Protection Bureau, says Patrick Hanchey at Alston & Bird.
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6 AI Cases And What They Mean For Copyright Law
Artificial intelligence cases filed last year, some decided and others pending, demonstrate how the appellate courts that set binding precedent look at the intersection between copyright and AI, so legal frameworks must adapt and provide clarity in order to foster innovation, protect creators, and ensure fair and equitable outcomes, say attorneys at Crowell & Moring.
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Cybersecurity Issues For Financial Industry To Track In 2024
In 2024 financial institutions will confront new federal, state and industry regulations around cybersecurity that require additional procedures, enhanced proactive security measures, and timely disclosure of security incidents, say Alex Koskey and Matt White at Baker Donelson.
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How AI Is Changing The Game Of Professional Sports
As more professional sports teams and organizations employ the use of artificial intelligence, counsel should keep a critical eye on several legal issues, including both state and federal regulatory developments, data privacy concerns, and how AI tools could potentially affect applicable intellectual property rights, say attorneys at Squire Patton.
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What To Expect From The CFPB This Year
The potential for upheaval at the Consumer Financial Protection Bureau will be greater during an election year, and there are several opportunities and challenges ahead for the bureau in 2024, say Eric Mogilnicki and David Stein at Covington.
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Law Firm Strategies For Successfully Navigating 2024 Trends
Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.
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10 Privacy Compliance Areas To Focus On In 2024
The fast pace of change in the cybersecurity realm means reactive approaches to new laws, regulations and enforcement actions are not effective ways to build or scale privacy programs, so companies should plan strategically and prepare for a few emerging risks and requirements in the first half of this year, says Sam Castic at Hintze Law.
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The Most-Read Legal Industry Law360 Guest Articles Of 2023
A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.
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Artificial Intelligence Is In Need Of Regulation — But How?
Since most of the artificial intelligence-related laws in 2023 were part of more extensive consumer privacy law, the U.S. still has a lot of work to do to build consensus on how to oversee AI, and even who should do the regulating, before moving forward on specific and reasonable guidelines as AI's capabilities grow, say Nick Toufexis and Paul Saputo at Saputo Toufexis.
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Inside Higher Education's New FCA Liability Challenges
As the educational sector expands its use of government funding, schools are at increased risk under the False Claims Act, but recent settlements offer valuable lessons about new theories of liability they may face and specific procedures to reduce their exposure, say James Zelenay and Jeremy Ochsenbein at Gibson Dunn.
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5 Most Notable Class Action Standing Cases Of 2023
Key appellate class action decisions this past year continued the trend of a more demanding approach to the threshold issue of standing during each phase of litigation, say attorneys at MoFo.
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How SEC And NY Cyber Reporting Rules Affect Key Industries
The new U.S. Securities and Exchange Commission and New York State Department of Financial Services cybersecurity disclosure requirements, and their competing obligations, reveal the increasing complexity for organizations evaluating and reacting to cybersecurity incidents — particularly those in the healthcare and financial services industries, say attorneys at Manatt.
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Attorneys' Busiest Times Can Be Business Opportunities
Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.
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Reviewing 2023's Global AI Landscape Across Practice Areas
2023 stands out as a landmark year for artificial intelligence, both domestically and internationally, so legal professionals should brace for an increasingly complex future shaped by AI's integration into a multitude of sectors, including intellectual property, data privacy and cybersecurity, and ethics, say Fran Faircloth and May Yang at Ropes & Gray.
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In The World Of Legal Ethics, 10 Trends To Note From 2023
Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.