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Cybersecurity & Privacy
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March 26, 2024
Meta Can't Escape Suit Over Collection Of Taxpayers' Data
A California federal judge refused to release Meta from a consolidated class action accusing it of unlawfully collecting sensitive information from tax filing websites H&R Block, TaxAct and Tax Slayer, allowing state and federal wiretapping claims to move forward and permitting the plaintiffs to amend several deficient privacy allegations.
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March 26, 2024
Ally Bank Beats Class Action Over Data Leak For Good
A New York federal judge has permanently thrown out a proposed class action against Ally Bank that sought to hold it liable for a data leak of customer login information, after finding that the suit still fails to show that the leaked data caused any harm to customers.
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March 26, 2024
GOP Bill Would Fund FCC 'Rip And Replace' Program
A pair of Republican senators is hoping to secure funding for the Federal Communications Commission's cash-strapped "rip and replace" program, introducing a bill that would fully fund the replacement of Chinese telecommunications equipment for small network providers.
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March 26, 2024
X Wants Former Twitter Security Head's Claims In Arbitration
X Corp. said a former Twitter security chief's claims that he was fired for protesting massive budget cuts belong in arbitration, arguing it did not waive its right to arbitrate by refusing to pay more than half of the arbitration fees.
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March 26, 2024
Visa, Mastercard Cut Deal In Long-Running Swipe Fee Dispute
Visa and Mastercard reached a settlement Tuesday that merchants in a long-running antitrust case say will reduce fees by $30 billion over the next several years, while eliminating restrictions on steering customers to cheaper payment options.
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March 26, 2024
FCC Partners With Agencies On Privacy Enforcement
The Federal Communications Commission said Tuesday it will ramp up enforcement with other federal and state agencies to protect sensitive data from hackers and foreign adversaries.
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March 26, 2024
Assange Wins Lifeline In Fight Against US Extradition
Julian Assange won a lifeline on Tuesday, prolonging his fight against extradition to the U.S., after an English court delayed ruling on his case to await assurances from American authorities about his safety.
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March 25, 2024
Florida Becomes Latest To Restrict Teens' Social Media Use
Florida's governor signed legislation Monday that bans kids who are 13 and under from creating social media accounts and requires 14- and 15-year-olds to get their parents' permission before joining these sites, a move that comes as similar laws in other states are being struck down on constitutional grounds.
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March 25, 2024
Meta Defends Axon Reading To DC Circ. In Privacy Deal Fight
Meta Platforms Inc. on Friday insisted to the D.C. Circuit that a recent U.S. Supreme Court ruling on structural constitutional challenges supports the social media giant's efforts to block the Federal Trade Commission from pursuing changes to a $5 billion privacy settlement.
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March 25, 2024
X Corp.'s Suit Against Hate Speech Watchdog Axed For Good
A California federal judge firmly rejected X Corp.'s suit against a hate speech watchdog Monday, slamming the case as an attempt to punish the group for exercising its free speech rights and permanently dismissing X's claims.
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March 25, 2024
Judge Skeptical Of Ark. Social Media Law But Doesn't Block It
An Arkansas federal judge appeared skeptical that the state's law limiting minors' social media access would survive a recent constitutional challenge but has allowed the state to continue with limited discovery on whether the law sufficiently targets only platforms that allegedly cause the most harm to underage users.
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March 25, 2024
SolarWinds Makes Renewed Bid To Toss SEC Cyber Suit
SolarWinds Corp. has asked a New York federal court to dismiss an amended suit it is facing from the U.S. Securities and Exchange Commission, saying the agency cites documents that contradict its claims against the government contractor.
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March 25, 2024
GOP Reps. Re-Up Demand For Biden Classified Docs Info
Two top Republicans sent a letter to Attorney General Merrick Garland on Monday threatening to possibly hold him in contempt of Congress if he doesn't answer their subpoena for materials related to the special counsel's investigation of President Joe Biden's handling of classified documents.
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March 25, 2024
Ga. Judge Slams Attys Over 'Incredible' House Arrest Request
A Georgia federal judge on Monday postponed the sentencing of a cybersecurity contractor convicted of hacking into a hospital's computer systems after tearing into his attorneys over their request for nearly five years of home confinement instead of prison, for which the judge found "no basis."
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March 25, 2024
US Accuses 7 Chinese Nationals Of Hacking Conspiracy
The Biden administration filed criminal charges and issued economic sanctions on Monday against Chinese nationals who allegedly attempted hack into the accounts of government officials and defense companies under the auspices of a cyberespionage program supposedly backed by China.
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March 25, 2024
3 BIPA Pros Join Blank Rome In Chicago From Taft Stettinius
Blank Rome LLP announced the additions of three former Taft Stettinius & Hollister LLP attorneys to its corporate litigation group on Monday, touting the Chicago-based trio's experience with biometric privacy laws in a state that has often led the charge on them.
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March 25, 2024
Catching Up With Delaware's Chancery Court
Last week in Delaware's Court of Chancery, litigants battled as Truth Social went public, Carl Icahn and Tripadvisor hit a roadblock, and more shareholders wailed about "invasive" bylaws. Oil drilling and pharmaceutical mergers sparked new lawsuits, and a sewing machine trademark owner sued to end a contract.
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March 25, 2024
NFL Hits Consumers With Unsolicited Texts, Suit Says
A New York woman alleges the NFL continues to spam her with unsolicited texts even after she opted out of the unwanted marketing messages, according to a proposed class action filed in New York federal court.
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March 25, 2024
FTX Clawbacks Unlikely To Help Bankman-Fried At Sentencing
FTX founder Sam Bankman-Fried probably won't find much success in arguing for a shorter prison term based on the billions of dollars recovered by the shuttered crypto exchange's bankruptcy estate, experts told Law360 ahead of this week's much-anticipated sentencing hearing.
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March 25, 2024
Tech Giants Face 1st Probe Under EU Digital Markets Rules
Alphabet, Apple and Meta are being investigated by the European Union over whether they comply with the Digital Markets Act, the first probes launched under regulations aimed at reining in the power of Big Tech, the bloc's executive arm said Monday.
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March 22, 2024
Ford Ditches Suit Over Vendor's Access To Website Chat Data
A California federal judge has tossed a putative class action accusing Ford Motor Co. of allowing a third-party software provider to eavesdrop on consumers who use the chat feature on the automaker's website, finding that the plaintiff hadn't shown that Ford had aided and abetted its vendor's allegedly unlawful interception and monetization of chat data.
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March 22, 2024
Meta Can't Stop FTC Privacy Tweaks, Feds Say
The Federal Trade Commission told the D.C. Circuit that Meta Platforms Inc. cannot nitpick the agency's structure to dodge in-house proceedings over proposed revisions to a $5 billion data privacy settlement between the commission and the social media giant.
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March 22, 2024
Marketers Want FCC Robocall Rule Put On Ice During Appeal
A trade group has asked the Federal Communications Commission to hold off on a rule approved in December clamping down on robocalls and texts while the organization pursues an Eleventh Circuit challenge to the new regulations.
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March 22, 2024
Google Can Arbitrate Collusion Claims While Apple Beats Suit
For the second time, a California federal judge has forced into arbitration antitrust claims brought by a Golden State crane operator training school accusing Google of paying off Apple to not develop its own search engine while dismissing the rest of the claims against both tech behemoths.
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March 22, 2024
Artists Fight Image Generator Cos.' Bid To End Copyright Suit
Artists suing four companies that make or distribute software that creates images with text prompts urged a California federal court to keep their proposed class action alive, telling a judge who dismissed most of their copyright claims that their amended complaint withstands the defendants' arguments for dismissal.
Expert Analysis
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Series
The Pop Culture Docket: Judge Djerassi On Super Bowl 52
Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.
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Unraveling The Bundled Benefits Of Retail Memberships
The recent prevalence of paid retail memberships and the associated findings of a consumer survey suggest that assessing consumer preferences and welfare may be important when considering resolution mechanisms in antitrust contexts, say Rosa M. Abrantes-Metz at Berkeley Research Group, Mame Maloney at The Brattle Group and Jeff Brazell at the University of Utah.
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NC TikTok Order Holds Lessons On Handling State AG Probes
Earlier this month, a North Carolina appeals court compelled TikTok to give the state attorney general information relating to 98,000 recorded Zoom meetings, reminding companies that successful civil litigation strategies may have the opposite effect in the state or regulatory investigation context, say attorneys at Troutman Pepper.
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Takeaways From SEC's Aggressive Cybersecurity Moves
The U.S. Securities and Exchange Commission's intensifying policy on cybersecurity and securities violations in the wake of a data breach — like its enforcement action against SolarWinds and its security officer — has emboldened shareholders to file related suits, creating a heightened threat to public companies, say attorneys at Baker McKenzie.
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Considerations For Lawyer Witnesses After FTX Trial
Sam Bankman-Fried's recent trial testimony about his lawyers' involvement in FTX's business highlights the need for attorney-witnesses to understand privilege issues in order to avoid costly discovery disputes and, potentially, uncover critical evidence an adversary might seek to conceal, says Lawrence Bluestone at Genova Burns.
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How Merck Settlement Can Inform Cyberinsurance Approach
This month's settlement in Merck v. ACE spotlights how cyber exclusions have evolved since the significant decision in the case — allowing for insurance coverage despite the presence of a policy war exclusion — and where else corporate risk managers may look for coverage in case of a cyberattack, say attorneys at McGuireWoods.
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What Businesses Should Know About NJ Privacy Bill
New Jersey’s recently passed comprehensive privacy bill S.B. 332 presents businesses with a nuanced framework and compliance obligations, including opt-in consent requirements for sensitive data, with recommendations for businesses to organize data, review consent requirements and more, says Trisha Sircar at Katten.
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Staying Ahead Of The AI Policymaking Curve
With artificial intelligence poised to be the hottest legislative and regulatory topic in 2024, expect the AI policymaking toolbox to continue to expand and evolve as stakeholders in the U.S. and abroad develop, deploy, use and learn more about these technologies, say attorneys at Hogan Lovells.
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The 7th Circ.'s Top 10 Civil Opinions Of 2023
Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2023, and explain how they may affect issues related to antitrust, constitutional law, federal jurisdiction and more.
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Employee Experience Strategy Can Boost Law Firm Success
Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.
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And Now A Word From The Panel: A Strong Year For MDLs
While the Judicial Panel on Multidistrict Litigation granted even fewer MDL petitions last year than in 2022, hitting a 21st-century low, a closer look at the record-setting number of total actions encompassed within current proceedings reveals that MDL practice is still quite robust, says Alan Rothman at Sidley.
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What Cos. Can Learn From 2023 Export Enforcement Report
A January report summarizing key actions and policy changes undertaken at the Office of Export Enforcement in 2023 is a valuable indicator of future government priorities and the factors companies should consider as they conduct export operations amid what may be a turbulent international trading environment in 2024, says Thaddeus McBride at Bass Berry.
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How Consumer Product Cos. Can Keep Up With Class Actions
Recent cases show California's federal courts and the Ninth Circuit remain the preferred arena for consumers pursuing false advertising and trade deception claims against companies — so manufacturers, distributors and retailers of consumer products should continue to watch these courts for guidance on how to fight class actions, say attorneys at Dechert.
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Series
Competing In Triathlons Makes Me A Better Lawyer
While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.
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What's In NY's Draft Guidance On AI Use In Insurance
Last week, the New York State Department of Financial Services released proposed guidance for insurers on the use of artificial intelligence systems and external consumer data and information sources for underwriting and pricing purposes, and these standards will likely help form the basis of an eventual nationwide insurance regulatory framework on AI, say attorneys at Sullivan & Cromwell.