Cybersecurity & Privacy

  • April 04, 2024

    CFPB Says Online Games May Pose Financial Risks To Users

    The Consumer Financial Protection Bureau said Thursday that it sees significant financial and privacy risks facing consumers in the multibillion-dollar digital gaming market and will be keeping a close eye on online game and "virtual world" business practices as these platforms become increasingly financialized.

  • April 04, 2024

    SEC Officials Say Existing Policies Key To Cyber Rule Reports

    Companies grappling with the U.S. Securities and Exchange Commission's new rule to publicly disclose material cybersecurity incidents will have an easier time defending reporting missteps if they work to put robust policies in place before a breach occurs, a pair of agency officials said Thursday. 

  • April 04, 2024

    5th Circ. Scrutinizes Data-Tracking On La. Health Provider Site

    A Fifth Circuit panel questioned Louisiana health care providers Thursday on the use of "tracking pixels" on their website, asking counsel for the providers whether a third party like Facebook could access patient records without patient permission.

  • April 04, 2024

    Oracle Gets Wiretap Claim Cut From Data Collection Fight

    A California federal judge on Wednesday trimmed a proposed class action alleging Oracle illegally sold internet users' "electronic profiles," finding that new allegations that executive Larry Ellison admitted Oracle's new technology was "scaring the lawyers" aren't enough to show tortious intent to plead a viable Electronic Communications Privacy Act claim.

  • April 04, 2024

    Ga. OB-GYN Office Hit With Data Breach Class Action

    An Atlanta OB-GYN practice has been hit with a class action in Georgia federal court over a January data breach that allegedly impacted the personal and protected health information of tens of thousands of patients.

  • April 04, 2024

    Ex-BigLaw Atty's Defamation Injunction Bid Meets Skepticism

    The Florida federal judge overseeing a $150 million defamation case between an ex-Greenberg Traurig LLP partner and a social media personality accused of mounting a harassment campaign against him declined, for now, to issue an injunction against alleged cyberstalking and indicated the petition may be better suited for state court.

  • April 04, 2024

    W.Va. Plaintiff Drops Telemarketing Claim Against Fla. Firm

    A West Virginia woman who alleged in a putative class action that law firms had bombarded her and others with unwanted legal advertising phone calls has announced a joint dismissal with one of the firms involved.

  • April 03, 2024

    FTC Won't Overlook 'Unanticipated' Harms, Slaughter Says

    The Federal Trade Commission won't hesitate to go after companies and their executives that fail to take steps to address the broad range of privacy harms and other risks that can arise from the emergence of new digital technologies, particularly in the wake of a recent federal court ruling that backed this theory, Commissioner Rebecca Kelly Slaughter said Wednesday. 

  • April 03, 2024

    Calif. Privacy Rules Expected By July, Agency's Director Says

    The California Privacy Protection Agency is eyeing July for the launch of the formal process for finalizing its last batch of regulations under the state's landmark consumer privacy law, which include rules that would give consumers more control over private information that could be used by artificial intelligence, the agency's executive director said Wednesday. 

  • April 03, 2024

    Judge Consolidates Wells Fargo Unwanted Products Suits

    A San Francisco federal judge has consolidated five suits asserting proposed class claims that the bank sought to shortchange customers who deserved compensation after they were enrolled in financial products without their knowledge.

  • April 03, 2024

    Models Get $95K Default Win In Strip Club Piracy Suit

    A Washington federal judge ordered a Seattle strip club to pay a group of professional models $95,000 in damages on Wednesday, after finding it had engaged in "amateur piracy" by using their photos without permission and failed to defend itself.

  • April 03, 2024

    Mass. Justices Leery Of Meta, Google Cookie 'Wiretap' Claims

    Justices on Massachusetts' highest court hinted on Wednesday that they are unlikely to open the door to potentially thousands of privacy lawsuits against website operators over their use of tracking cookies like Meta Pixel and others from Google Analytics, in a closely watched case over whether such trackers violate a state wiretap law.

  • April 03, 2024

    Amazon Book Scammer Can't Trim Prison Time

    The Sixth Circuit affirmed a 16-year prison sentence Tuesday for a man who scammed Amazon by renting textbooks from the e-commerce giant and then selling them at a profit, ultimately costing Amazon approximately $3.2 million.

  • April 03, 2024

    Pillsbury Adds BakerHostetler Data Privacy Duo In SF

    Pillsbury Winthrop Shaw Pittman LLP is growing its data security team, announcing Wednesday it is bringing in a pair of BakerHostetler data privacy and technology experts as partners in its San Francisco office.

  • April 03, 2024

    FCC Says Repeat 'Slammer' Can't Collect From Victim

    The Federal Communications Commission is once again ordering Clear Rate Communications to remove charges to a subscriber who the agency says was a victim of the telecom provider's "slamming," less than two months after issuing a similar finding against the company in February.

  • April 03, 2024

    Houston Firm Ditches Proposed Data Breach Class Action

    A Texas federal judge threw out a proposed class action accusing Fleming Nolen & Jez LLP of waiting a month to disclose a cyberattack that exposed more than 100 clients' protected health information, citing the lead plaintiff's admission that she didn't even know if any of her data was compromised.

  • April 03, 2024

    FCC To Vote On Net Neutrality Plan At Late April Meeting

    The Federal Communications Commission said Wednesday the agency will vote April 25 on a Democratic proposal floated in October to restore net neutrality rules last imposed on internet services during the Obama administration, but repealed by Republicans in 2017.

  • April 02, 2024

    Crypto Co. Beats RICO But Not Fraud Claim Over $186M Hack

    A Delaware federal judge has significantly trimmed a proposed class action accusing companies behind a blockchain system that enabled users to transfer crypto of running an illegal money-transmitting business and misrepresenting the system's security measures before a $186 million hack, saying the suit's racketeering, negligence and conversion claims all fail.

  • April 02, 2024

    Calif. Regulator Urges Cos. To Only Collect Needed Data

    The California Privacy Protection Agency on Tuesday cautioned businesses to only collect or use consumers' personal information when it's needed and to avoid collecting anything beyond that, issuing its first of several planned advisories clarifying companies' obligations under the California Consumer Privacy Act.

  • April 02, 2024

    Amazon Driver Took, Shared Pics of Actor's Home, Suit Says

    Actor Deon Cole sued Amazon in California state court alleging that one of its delivery drivers took photos of the inside of his home and shared them in a group chat while dropping off groceries, saying Amazon negligently and recklessly hired the driver.

  • April 02, 2024

    Citi Says 'Misguided' NY Fraud Protection Suit 'Mangles' Law

    Citibank NA on Tuesday urged a New York federal court to throw out the Empire State attorney general's suit claiming it lacks necessary online security measures, slamming the complaint as "misguided" and arguing that it "mangles" the text of the Electronic Fund Transfer Act.

  • April 02, 2024

    DC Circ. Says FCC Must Rethink Terms For Chinese Video Ban

    The D.C. Circuit ordered the Federal Communications Commission to revise its definition of "critical infrastructure," but still upheld the agency's decision to ban the marketing and sale of video surveillance equipment from two Chinese manufacturers in a new ruling Tuesday.

  • April 02, 2024

    DC Judge Grapples With Malice Claim In Nunes' WaPo Suit

    A D.C. federal judge on Tuesday questioned whether former California Rep. Devin Nunes had shown The Washington Post acted with actual malice in publishing a 2020 article that discussed the congressman, as the judge weighed the newspaper's bid for summary judgment in defamation litigation brought by Nunes.

  • April 02, 2024

    Jon Stewart Reveals Apple's Heavy Hand In Lina Khan Chat

    Federal Trade Commission Chair Lina Khan appeared on "The Daily Show" on Monday night for a wide-ranging conversation in which host Jon Stewart revealed that Apple wouldn't allow him to speak with her on a podcast related to his Apple TV+ show.

  • April 02, 2024

    IT Firm Decries Commerce's 'Unilateral' $1.5B Award Redo

    An IT consulting firm told the Federal Circuit on Monday that its right to challenge a $1.5 billion U.S. Commerce Department procurement in the claims court was undermined when the agency took corrective action before seeking permission from the court.

Expert Analysis

  • Despite Risks, AI Is A Worthy Tool For Healthcare Industry

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    Artificial intelligence appears to provide a productive path forward for the healthcare industry, improving economic and human health outcomes, though companies must continue to address certain technology and compliance pain points, says Sarah Abrams at Bowhead Specialty Underwriters.

  • Bitcoin ETF Approval Doesn't Mean SEC Approves Of Crypto

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    While the U.S. Securities and Exchange Commission's approval last month of 11 applications for spot exchange-traded funds tracking bitcoin is a landmark moment for the crypto-asset industry, investors who are hopeful that the SEC will approve similar crypto-based ETFs may be disappointed, says attorneys at Mintz.

  • Key Considerations For Evaluating An AI Vendor

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    As artificial intelligence technology advances across industries, businesses can mitigate risks, while maximizing the value of their investment, by evaluating technology, expertise, support services, transparency and more when selecting an AI vendor, say Rahul Kapoor and Shokoh Yaghoubi at Morgan Lewis.

  • SAG-AFTRA Contract Is A Landmark For AI And IP Interplay

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    SAG-AFTRA's recently ratified contract with the Alliance of Motion Picture and Television Producers introduced a framework to safeguard performers' intellectual property rights and set the stage for future discussions on how those rights interact with artificial intelligence — which should put entertainment businesses on alert for compliance, says Evynne Grover at QBE.

  • FTC AI Inquiry Signals Intensified Focus On Emerging Tech

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    The Federal Trade Commission's recent inquiry into investments and partnerships between Big Tech companies and artificial intelligence startups appears to be directed at guiding future enforcement decisions in competition, privacy and consumer protection — and three principles discussed at a related tech summit give insight on the agency's approach, say attorneys at Skadden.

  • Reimagining Law Firm Culture To Break The Cycle Of Burnout

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    While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Amazon's €32M Data Protection Fine Acts As Employer Caveat

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    The recent decision by French data privacy regulator CNIL to fine Amazon for excessive surveillance of its workers opens up a raft of potential employment law, data protection and breach of contract issues, and offers a clear warning that companies need coherent justification for monitoring employees, say Robert Smedley and William Richmond-Coggan at Freeths.

  • Series

    Competing In Dressage Makes Me A Better Lawyer

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    My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.

  • Potential Defendant Strategies Amid Calif. Privacy Questions

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    Although the current case law surrounding the California Consumer Privacy Act is in its infancy, courts have begun addressing important issues related to the notice-and-cure provisions of the statute, and these decisions show defendant-businesses would be wise to assert their notice rights early and repeatedly, say Viola Trebicka and Dan Humphrey at Quinn Emanuel.

  • Legal Issues Loom For Driverless Trucking

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    Companies' recent experiments with driverless trucking technology herald a transformation of the logistics sector — but stakeholders must reckon with increasing regulatory scrutiny, emerging liability issues, and concerns around ethical guidelines, insurance and standardization, say Zal Phiroz at Pier Consulting Group and Nicolas Bezada at Unishippers.

  • The Double-Edged Sword Of Biometrics In Financial Services

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    Financial institutions are increasingly turning to biometrics for identity verification and fraud prevention, and while there are many benefits to such features, banks must remain vigilant against growing AI technologies that could make users' information vulnerable to biometrics hackers, say Elizabeth Roper at Baker McKenzie and Chris Allgrove at Ingenium Biometric Laboratories.

  • How 2 CFPB Advisory Opinions Affect Reporting Agencies

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    The Consumer Financial Protection Bureau issued two advisory opinions last month that demonstrate a continued commitment to address inaccuracies in background check reports and consumer file disclosures through broad interpretation of the Fair Credit Reporting Act, expanding on a coordinated federal agency effort, say attorneys at Cooley.

  • A Close Look At The FCC's Revised SIM Card Fraud Rules

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    Carolyn Mahoney and John Seiver at Davis Wright break down recently proposed revisions to the Federal Communications Commission's customer proprietary network information and local number portability rules for wireless providers, discuss the revisions' implications on artificial intelligence regulation, and provide tips to prevent SIM swap and port-out fraud.

  • What Retailers Should Note In Calif. Web Tracking Suits

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    As retailers face a deluge of class actions alleging the use of conventional web analytic tools violate wiretapping and eavesdropping provisions of the California Invasion of Privacy Act, uncovering the path toward a narrow interpretation of the law will largely depend on how these cases proceed, say Matthew Pearson and Kareem Salem at BakerHostetler.

  • Copyright Lessons Following Ruling In Artist AI Suit

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    The recent California district court ruling in Andersen v. Stability AI — that artists needed to specify how the training of artificial intelligence tools violated their copyrights — shows that lawyers on either side of generative AI matters must carefully navigate copyright issues including temporary copying and data sourcing, says Carlos Araya at Magnolia Abogados.

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