Cybersecurity & Privacy

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

Expert Analysis

  • Inside The Current State Of International Crypto Compliance

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    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.

  • Knicks Suit Shows Need For Leagues To Protect Big Data

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    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.

  • 5 Telecom Issues To Watch Amid FCC Broadband Proposal

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    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.

  • 3 Tips For Defending Against Data Breach Litigation

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    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.

  • Best Practices For Cos. Navigating US-China Investigations

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    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.

  • 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.

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