Cybersecurity & Privacy

  • 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.

  • 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.

  • 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.

  • 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. 

  • 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.

  • March 12, 2024

    Amazon Denies Concealing Texts In Alexa Users' Privacy Suit

    Amazon has rebuffed claims that it withheld text messages in a proposed class action brought by unregistered Alexa users who alleged they were illegally recorded, arguing the plaintiffs accused the technology giant of yet another failure as discovery closes to "cast aspersions on Amazon's diligence and motives."

  • March 12, 2024

    Wells Fargo Shortchanges Its Fake-Account Victims, Suit Says

    Wells Fargo has been hit with another proposed class action alleging that the bank engaged in a "deceptive campaign" by sending letters designed to give the appearance of correcting its practice of opening fake customer accounts and enrolling them in products without their consent, but offering no substantial reparations.

  • March 12, 2024

    Wash. Judge Skeptical Of Models' Strip Club Ad Claims

    A Washington federal judge seemed doubtful Tuesday of models' damages bid against a Seattle cabaret that allegedly used their images without permission, unconvinced that those who spotted the ads would truly believe such elite models worked at the "mediocre" strip club with bad Yelp ratings.

  • March 12, 2024

    OCC's Hsu Says 'Operational Resilience' Regs May Be Coming

    The Office of the Comptroller of the Currency's acting chief, Michael Hsu, said Tuesday that federal regulators are looking at pursuing new rules to bolster larger banks' ability to withstand and recover from external and internal disruptions to their critical operations.

  • March 12, 2024

    Crypto Mixer Operator Found Guilty Of Money Laundering

    A Washington, D.C., jury on Tuesday found the operator of crypto mixing service Bitcoin Fog guilty of facilitating tens of millions of dollars in transactions linked to illicit activities on darknet marketplaces. 

  • March 12, 2024

    Retirees Seek Final OK On $8.7M Data Breach Settlement

    Employer benefit plan members whose sensitive data was exposed in a massive breach at a consulting company have asked a Georgia federal judge to approve an $8.7 million agreement to resolve allegations the firm failed to protect their information.

  • March 12, 2024

    TransUnion Unit Pays $37M On Credit Card Data Misuse Claim

    TransUnion's data unit Argus Information & Advisory Services will pay $37 million to the federal government to resolve allegations it violated the False Claims Act by allegedly misusing anonymized credit card data it obtained from banks under contracts with federal regulators over a decade-long period, the U.S. Department of Justice announced Tuesday.

  • March 12, 2024

    Apple To Allow Direct Downloads Of Apps In EU

    Apple will start allowing developers to distribute apps directly from their websites in Europe, the latest in a string of changes by the tech giant as it comes into compliance with expansive new regulations under the Digital Markets Act.

  • March 12, 2024

    Ga. Judge Says Lin Wood Did Defame Ex-Colleagues

    A Georgia federal judge handed a win to former colleagues of former attorney L. Lin Wood in their defamation suit on Tuesday, ruling that Wood falsely accused them of criminal extortion.

  • March 12, 2024

    Paul Weiss' Digital Tech Chair On AI's Promises And Perils

    While generative artificial intelligence promises to increase access to justice and kill the billable hour, we don't know how to prevent it from unleashing misinformation and disinformation on the electorate, says Katherine Forrest, a former Manhattan federal judge who is now chair of Paul Weiss Rifkind Wharton & Garrison LLP's digital technology group.

  • March 11, 2024

    Biden Calls For More Cybersecurity Funding Across Agencies

    The Biden administration on Monday pushed Congress to make significant monetary investments in efforts to bolster the federal government's cybersecurity posture, including by earmarking $13 billion to support initiatives across civilian agencies and devoting additional funding to help the U.S. Department of Health and Human Services combat a growing scourge of cyberattacks on healthcare providers. 

  • March 11, 2024

    Amazon Prime Video-Viewing Data Sparks Privacy Fears

    Amazon is accused of illegally disclosing a virtual "warehouse" of private customer data, including what movies subscribers watch on Prime, without letting consumers opt out, according to a proposed class action filed in Washington federal court.

  • March 11, 2024

    States Want Info On Google-Facebook Pact In Ad Tech Case

    State-level enforcers accusing Google of monopolizing key digital ad technology are asking a Texas federal court to lift a stay on discovery for documents related to an agreement between Google and Facebook that allegedly tipped the scales of auctions in Facebook's favor to discourage use of other ad exchanges.

  • March 11, 2024

    Judge OKs Eye Care Tech Co.'s $8M DIP Request

    A Texas bankruptcy judge on Monday approved optometry software company Eye Care Leaders Portfolio Holdings LLC's request to draw on the remainder of its $8 million in debtor-in-possession funds for its Chapter 11 case, saying the company had given good reason to believe it was poised for a rewarding auction.

  • March 11, 2024

    Senate Could Be Hurdle To House Plan For TikTok Limits

    A bill to clamp down on TikTok that was unanimously approved by a House committee is expected to come to the House floor this week, but its fate in the U.S. Senate looks dicier.

  • March 11, 2024

    FCC Can't Make ISPs Pay Into Universal Fund Yet, Group Says

    An affordable broadband advocacy nonprofit has told the Federal Communications Commission it doesn't need to promise broadband carriers that it will not make them pay into the Universal Service Fund if they are reclassified, because there are other steps the agency must take before it could start charging them anyway.

  • March 11, 2024

    DOD Expands Contractor Cybersecurity Info Sharing Program

    The U.S. Department of Defense on Monday finalized a rule revising the criteria for defense contractors to participate in a voluntary program for sharing information on cybersecurity threats among themselves, saying it expects to attract thousands of new participants.

  • March 11, 2024

    US Appeals Corporate Transparency Act Ruling To 11th Circ.

    The U.S. Department of the Treasury is moving quickly to appeal an Alabama federal judge's ruling that the Corporate Transparency Act is unconstitutional, filing a notice of appeal to the Eleventh Circuit on Monday.

  • 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.

  • 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.

Expert Analysis

  • Tips For Litigating Against Pro Se Parties In Complex Disputes

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    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.

  • Opinion

    Justices Should Nix Section 230 Immunity For Tech

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    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.

  • Unpacking The FAR Council's Cybersecurity Rules Proposal

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    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.

  • How Ill. Supreme Court Could Shape Statutory Violation Cases

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    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.

  • Pro Bono Work Is Powerful Self-Help For Attorneys

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    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.

  • Rebuilding The Construction Industry With AI

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    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.

  • What To Watch As The FCC Leans Into National Security

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    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.

  • Series

    Playing In A Rock Cover Band Makes Me A Better Lawyer

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    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.

  • Series

    The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'

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    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.

  • New DOJ Roles Underscore National Security Focus

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    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.

  • How Hamas' Attack May Further Complicate Sanctions Risk

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    In the wake of Hamas' attack on Israel, we anticipate that Western governments' attempts to further target Hamas and its enablers will make sanctions compliance for organizations operating within Gaza and the West Bank even more challenging, say Jason Prince and Sophie Davis at Crowell & Moring.

  • ESG's Silent C: Make Cybersecurity A Governance Priority

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    With regulators actively releasing guidance on data privacy measures and best practices, cybersecurity has become an uncontroversial issue lurking quietly beneath the turbulent environmental, social and corporate governance waters, say attorneys at Kutak Rock.

  • Hollywood Labor Negotiations Provide AI Road Map

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    Sigma Khan at Henein Hutchison uses the recent Hollywood labor strikes — one of the first instances of a mass entertainment industry legal conflict where concerns over artificial intelligence's intrusion into the workspace has become a crucial issue — to analyze how litigation, legislation and contracts can aid in a landscape transformation precipitated by AI.

  • Unearthing The Lesser-Known 'Buried Facts' Doctrine

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    A New York federal judge’s recent suggestion that the “buried facts” doctrine may be applicable in the fraud trial of FTX cofounder Sam Bankman-Fried should serve as a reminder to attorneys in all kinds of cases involving corporate disclosures that this lesser-known rule could torpedo their defense, say Corban Rhodes and Li Yu at DiCello Levitt.

  • Opinion

    Newman Suspension Shows Need For Judicial Reform

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    The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.

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