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Cybersecurity & Privacy
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March 14, 2024
League Of Women Voters Sues Dem Consultant Over Biden AI
A political consultant got slapped Thursday with a League of Women Voters civil rights lawsuit in New Hampshire federal court, claiming that he commissioned a slew of robocalls impersonating President Joe Biden using a "deepfake" voice simulated by artificial intelligence.
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March 14, 2024
Domino's Hit With BIPA Suit Over AI Voiceprint Collection
Domino's Pizza customers hit the restaurant chain with a proposed class action in Illinois federal court Wednesday alleging it secretly collects voiceprints through its artificial intelligence ordering system, saying the pizza chain uses the data to enhance the technology and to boost sales.
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March 14, 2024
FCC Rolls Out Voluntary 'Cyber Trust Mark' For IoT Devices
Devices tied to the Internet of Things will soon start displaying a "U.S. Cyber Trust Mark" if participating manufacturers earn the Federal Communications Commission's approval.
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March 14, 2024
Publisher Must Face Privacy Claims Over Meta Pixel Tool
An Ohio federal judge has ruled that the publisher of The Toledo Blade and the Pittsburgh Post-Gazette can't duck a proposed privacy class action alleging that the newspapers shared the video-viewing history of their website users with Facebook's parent company, Meta Platforms Inc., without their permission.
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March 14, 2024
Judge Applauds Attys' 'Very Awesome' Use Of Google AI Bot
A California federal judge told counsel Thursday it's "very awesome" that their recently amended putative class action complaint alleging privacy violations against Google used Google's own AI tool to argue that Google Analytics illegally scoops personal data from healthcare providers' websites, but he doubted the viability of other pleadings.
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March 14, 2024
Atty Evading Warrant Fights Fingerprinting In Election Case
A Michigan attorney refusing to turn herself in after missing a hearing in a criminal case alleging that she tampered with voting machines urged a state appellate court Wednesday to halt the proceedings against her, saying the trial court's demand that she get fingerprinted violates her privacy.
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March 14, 2024
Bipartisan Senate Duo Releases 'Middle Ground' FISA Bill
A bipartisan pair of senators introduced what they deem a "compromise" bill on Thursday to reauthorize and reform the controversial warrantless foreign surveillance law ahead of the April deadline to renew it.
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March 14, 2024
Near Intelligence's Ch. 11 Plan Gets Court's Approval
A Delaware bankruptcy judge on Thursday confirmed consumer data platform Near Intelligence's Chapter 11 plan, which went through without objection after negotiations resolved outstanding concerns.
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March 14, 2024
Mnuchin Says He's Forming Investor Group To Buy TikTok
Former U.S. Treasury Secretary Steven Mnuchin said Thursday he is forming an investor group to buy TikTok, one day after a measure to separate the social media platform from its Chinese owners passed the House.
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March 14, 2024
Union Member Sues UNITE HERE Over Massive Data Breach
A Detroit-based UNITE HERE member has sued the union in New York federal court on behalf of a proposed class of current and former members, alleging the union acted negligently and breached an implied contract by failing to prevent a data breach that affected nearly 800,000 people.
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March 14, 2024
McDermott Eyes White Collar Growth With Orrick FCPA Pros
McDermott Will & Emery LLP announced Thursday the addition of a seven-partner team from Orrick Herrington & Sutcliffe LLP that will focus on the Foreign Corrupt Practices Act and the False Claims Act, saying it hired the team with an eye toward its white collar and government investigation capabilities.
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March 14, 2024
Health Co. Says Future Harm Risk Falls Short In Breach Suit
New Jersey healthcare provider Capital Health System urged a Garden State federal judge on Wednesday to toss a proposed class action seeking damages as a result of a 2023 data breach, arguing that the plaintiffs failed to allege their personal identifying information was actually misused.
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March 14, 2024
Courthouse News Sues DC Court Clerk Over Filing Delays
National litigation news outlet Courthouse News launched a suit in D.C. federal court Wednesday, accusing the capital city's superior court of delaying public access to new civil complaints, often for one to three days, as they are processed by staff.
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March 14, 2024
Italy Fines TikTok €10M For Harmful Content
Italy's antitrust authority fined TikTok €10 million ($11 million) on Thursday for failing to protect children from potentially dangerous content on the platform.
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March 13, 2024
Treasury Says Crypto Mixer Is 'Corporation In All But Name'
The U.S. Department of the Treasury told the Fifth Circuit on Wednesday that it was justified in sanctioning crypto mixer Tornado Cash because the crypto project "is a corporation in all but name" rather than ownerless computer code, as its users contend.
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March 13, 2024
Google, Apple Beat Video Data Retention Fight At 9th Circ.
The Ninth Circuit refused Wednesday to revive allegations that Google and Apple violated state privacy laws in New York and Minnesota by retaining data about consumers' streaming video rentals, finding that the state statutes don't create a private right of action for the purported data-retention violations.
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March 13, 2024
HHS To Investigate Whether Cyberattack Exposed Patient Data
The U.S. Department of Health and Human Services opened an investigation Wednesday into the cyberattack on Change Healthcare to determine whether the hack exposed patients' confidential data or violated other privacy protections.
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March 13, 2024
Peloton Beats Wiretapping Suit Over Chat Feature, For Now
Peloton defeated, for now, a proposed privacy class action alleging it uses third-party software to eavesdrop on its website users' communications via its chat function after a California federal judge found the plaintiff doesn't assert that any chat contents were intercepted or that personal, sensitive information was shared.
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March 13, 2024
Meta's 'Expense & Annoyance' Not Enough To Stop FTC Tweak
A D.C. Circuit panel refused late Tuesday to temporarily block proposed Federal Trade Commission tweaks to a $5 billion data privacy settlement aimed at blocking Meta's monetization of children's data — finding the social media giant has not shown it is likely to succeed in its appeal of the changes, nor that it will suffer irreparable harm.
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March 13, 2024
Atty Who Skipped Vote-Tampering Hearing Can't Ditch Warrant
A Michigan judge on Wednesday urged counsel for a lawyer evading a bench warrant to direct his client to turn herself in, rejecting claims previous counsel didn't adequately inform her of a hearing she skipped in a case where she's alleged to have tampered with voting machines after the 2020 election.
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March 13, 2024
HP Says It's Upfront About Blocking Ink Cartridges
HP has urged an Illinois federal judge to throw out consumers' claims that it has a monopoly over the replacement-ink cartridge market and used software updates to block consumers from using cheaper rival cartridges in HP printers, saying it "goes to great lengths" to disclose that its printers are intended to work only with cartridges that have an HP security chip.
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March 13, 2024
EU Parliament Overwhelmingly Passes Landmark AI Law
European Union lawmakers voted overwhelmingly on Wednesday in favor of a first-of-its-kind artificial intelligence law, in a bid to help facilitate innovation while safeguarding the bloc's fundamental rights.
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March 13, 2024
House OKs TikTok Divestment Bill Despite Free Speech Worry
The House voted 352-65 on Wednesday to pass legislation that would require ByteDance Ltd. to divest TikTok or face a ban in the United States, in a vote that transcended party lines.
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March 12, 2024
1st Amendment Only The Start Of Woes Facing TikTok Ban
Federal lawmakers are making an aggressive push to exclude TikTok from the U.S. market unless it severs ties with its Chinese parent company, but First Amendment concerns and questions over the proposal's breadth and its interplay with a recent executive order restricting certain foreign data sales threaten to hinder these efforts.
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March 12, 2024
Wells Fargo Can Arbitrate Cardholders' Suit, Conduent Can't
New Mexico residents who claim Wells Fargo mishandled reports of fraud involving their state-issued debit cards will see their proposed class action claims against the bank sent to arbitration — but their claims against a third-party contractor can stay in court, a federal magistrate judge has determined.
Expert Analysis
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Inside The Current State Of International Crypto Compliance
A recent Financial Action Task Force report regarding adoption of international virtual asset compliance standards reflects a fairly grim state of affairs, but a broader look at providers' risk mitigation efforts and developments is encouraging, say Leah Moushey and Franco Jofré at Miller & Chevalier, and Meredith Fitzpatrick at Forensic Risk Alliance.
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Knicks Suit Shows Need For Leagues To Protect Big Data
The New York Knicks' recent lawsuit alleging a former employee took trade secrets to the Toronto Raptors shows sports leagues — both professional and amateur — should prepare for future litigation in this realm, given the growth of analytics and statistics in front offices, says Kevin Paule at Hill Ward Henderson.
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5 Telecom Issues To Watch Amid FCC Broadband Proposal
The Federal Communications Commission's recent proposal to restore net neutrality rules and reassert its regulatory authority over broadband providers is likely to spark debate over certain issues, including privacy rules and questions surrounding the commission's legal authority, says Matthew DelNero at Covington.
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3 Tips For Defending Against Data Breach Litigation
As cyberattacks become more prevalent, companies responding to data breaches must consider several strategies to better position themselves in the event of litigation even during their preliminary investigations and breach notifications, say attorneys at Davis Wright.
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Best Practices For Cos. Navigating US-China Investigations
Given recent enforcement trends and the broad jurisdictional reach of U.S. laws, companies with operations in China must enhance their compliance programs in order to balance new corporate enforcement expectations with Chinese data protection and privacy requirements, say attorneys at Paul Hastings.
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Tips For Litigating Against Pro Se Parties In Complex Disputes
Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.
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Opinion
Justices Should Nix Section 230 Immunity For Tech
The U.S. Supreme Court recently agreed to decide two new cases that present another opening to curtail the broad immunity enjoyed by tech company-owned social media platforms under Section 230, and it's long past time for online publishers to be treated the same as traditional ones, says Douglas Mirell at Greenberg Glusker.
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Unpacking The FAR Council's Cybersecurity Rules Proposal
New reporting and information sharing requirements in the Federal Acquisition Regulatory Council's recently proposed cybersecurity regulations would create new False Claims Act enforceability risks, and could be a focus for the U.S. Department of Justice's Civil Cyber Fraud Initiative, say Townsend Bourne and Lillia Damalouji at Sheppard Mullin.
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How Ill. Supreme Court Could Shape Statutory Violation Cases
In Fausett v. Walgreens, the Illinois Supreme Court will take up the question of whether a violation of the Fair and Accurate Credit Transactions Act satisfies the injury-in-fact requirement, and any outcome could significantly change the litigation landscape in Illinois, say Donald Patrick Eckler and Joshua Zhao at Freeman Mathis.
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Pro Bono Work Is Powerful Self-Help For Attorneys
Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.
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Rebuilding The Construction Industry With AI
Artificial intelligence in the construction industry will usher in a new era of innovation and efficiency, leading to cheaper, safer and more environmentally conscious building practices, but it will also bring concerns related to data security, workforce training and job displacement, say Josephine Bahn and Jeffery Mullen at Cozen O'Connor.
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What To Watch As The FCC Leans Into National Security
Information and communications technology and services operators and investors should keep a close eye on the Federal Communications Commission's increasing activity in national security matters, which could slow transactions and subject providers to additional oversight, say David Plotinsky and Patricia Cave at Morgan Lewis.
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Series
Playing In A Rock Cover Band Makes Me A Better Lawyer
Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.
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Series
The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'
The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.
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New DOJ Roles Underscore National Security Focus
The U.S. Department of Justice’s recent creation of two new leadership positions signals to the private sector that federal law enforcement is pouring resources into corporate investigations to identify potential national security violations, say attorneys at Ballard Spahr.