Cybersecurity & Privacy

  • May 18, 2022

    Marriott Identifies 'Tangled Web' Of 10 Cos. In Robocall Suit

    Marriott has amended a trademark infringement suit in Virginia federal court claiming that a network of intertwined companies has abused the hotel giant's brand name by running a deceptive robocall scheme, saying it has identified 10 entities responsible for the fraudulent calls.

  • May 18, 2022

    Top Money Launderer For Ghana 'Fraud Boys' Gets 9 Years

    A Manhattan federal judge on Wednesday hit a Virginia businessman with nine years in prison for a money laundering scheme in which he banked more than $36 million for Ghana-based online fraudsters who worked romance cons, business compromises and pandemic scams.

  • May 18, 2022

    5 Indicted For Alleged China-Run Spying On Activists

    Four intelligence officers from China's Ministry of State Security and a U.S. academic have been indicted over an alleged espionage scheme that targeted Chinese pro-democracy activists, Taiwanese independence advocates and others in the U.S. considered to be adversaries of China's communist party.

  • May 18, 2022

    Class Fights To Land Final OK Of $92M TikTok Privacy Deal

    Class counsel urged an Illinois federal judge Wednesday to give his final blessing to a "tremendous" $92 million settlement resolving biometric and other data privacy claims against TikTok and its parent company over continued objections to the fairness and value of the deal.

  • May 18, 2022

    Firm Wants 2nd Shot At NJ Bank Over $1.4M Hacking Scam

    A commercial real estate financing firm asked a New Jersey federal judge Tuesday to reconsider his decision to dismiss a suit alleging that the lax security measures of a local bank caused it to wrongfully process nearly $1.4 million in fraudulent wire transfers between the real estate firm and a foreign entity as part of a hacking scheme.

  • May 18, 2022

    Twitter Is No State Actor, 9th Circ. Says In Trump Tweets Case

    The Ninth Circuit on Wednesday refused to revive a claim that Twitter violated the First Amendment rights of a Donald Trump supporter by preventing comments on the former president's tweets and suspending his account, saying the social media platform isn't a state actor and can't be held liable for alleged constitutional violations.

  • May 18, 2022

    Senate Democrats Seek FTC Probe Of Facial ID Co.

    The Senate's top tax writer and three of his fellow Democrats pressed the Federal Trade Commission on Wednesday to probe whether identity verification company ID.me's public statements about its facial recognition technology were deceptive.

  • May 18, 2022

    Dems Scrutinize Message Apps Over Spanish Disinformation

    Democratic lawmakers have called on popular messaging platforms to track Spanish-language disinformation targeted at Latino communities and take steps to prevent it from proliferating on their apps.

  • May 18, 2022

    Ex-Clinton GC Says Campaign Didn't Send Sussmann To FBI

    A former top lawyer for Hillary Clinton's presidential campaign told jurors in the criminal trial of ex-Perkins Coie LLP partner Michael Sussmann on Wednesday that he didn't recall anyone in the campaign directing Sussmann to go to investigators with allegations about a potential link between then-candidate Donald Trump and Russia.

  • May 18, 2022

    Insurer Lemonade Reaches $4M Deal In Ill. Biometric Data Suit

    Insurance technology company Lemonade Inc. has reached a $4 million settlement with a proposed class of policyholders who accused it of violating Illinois' biometric privacy law and similar statutes by improperly collecting facial data on video, the policyholders told an Illinois state court.

  • May 18, 2022

    Commerce Wants Input On Crypto Framework

    The U.S. Department of Commerce sought public feedback Wednesday on how it can support and leverage cryptocurrencies, stablecoins and other digital asset technologies as it looks to establish a framework to enhance U.S. economic competitiveness in the field.

  • May 17, 2022

    BIPA Claims Don't Mean Ruinous Damages, Ill. Justices Hear

    The specter of astronomical damages isn't reason to artificially limit how claims accrue under Illinois' biometric privacy statute, a White Castle worker told the state's Supreme Court during oral argument Tuesday, arguing that damages could be calculated more reasonably.

  • May 17, 2022

    Patients Lack Standing To Press Data Breach Suit, Judge Says

    A New York federal judge on Monday axed a putative class action over a data breach that impacted a pair of radiology service providers, rejecting the plaintiffs' argument that they had suffered the type of injury or imminent risk of fraud necessary to press forward with their claims. 

  • May 17, 2022

    Trump Keeps Up Fight For More Fees In Stormy Daniels' Case

    Donald Trump is defending the reasonableness of his bid for an additional $127,000 in attorney fees to cover the Ninth Circuit appeal brought by adult film actress Stormy Daniels, who tried and failed to beat an initial $292,053 in fees Trump won after defeating her defamation suit.

  • May 17, 2022

    Gov't Targets 'Privilege' Of Clinton-Linked Atty In Trial Opener

    Ex-Perkins Coie LLP partner Michael Sussmann's criminal trial kicked off Tuesday with federal prosecutors painting the former attorney to Hillary Clinton's presidential campaign as a well-heeled Washington, D.C., insider with the "privilege" to try to use the FBI as a political tool during the 2016 campaign.

  • May 17, 2022

    Musk Threatens To Halt Twitter Deal Over 'Bots' Dispute

    Tesla Inc. CEO Elon Musk said Tuesday his prospective $44 billion acquisition of Twitter Inc. will not proceed unless the social media platform's CEO can prove that "bots" represent less than 5% of Twitter users.

  • May 16, 2022

    Feds Secure 2 More Guilty Pleas In Amazon Bribery Scheme

    Two merchant consultants accused of conspiring to pay Amazon employees $100,000 in bribes in exchange for reinstating blocked businesses and gaining other unfair advantages agreed to plead guilty to their roles in the purported scheme Monday, according to plea deals filed in Washington federal court.

  • May 16, 2022

    Insurer Asks 11th Circ. To Uphold Wire Fraud Coverage Win

    A real estate title company is not entitled to coverage for its wire fraud loss, a Chubb unit told the Eleventh Circuit on Monday, saying a Florida court rightfully held that the title company's policy only offered cybercrime protection under specific, clearly defined circumstances.

  • May 16, 2022

    Users Want Cambridge Analytica Docs In Meta Antitrust Case

    Facebook consumers asked a California federal judge Friday to force parent company Meta to turn over material from its internal investigation into the Cambridge Analytica data harvesting scandal, arguing the social media giant's control over data is directly relevant to their antitrust allegations.

  • May 16, 2022

    DOJ To Lodge Charges Over Using Crypto To Evade Sanctions

    A D.C. federal magistrate judge signed off on the Justice Department's criminal prosecution of an individual for allegedly using cryptocurrency to help customers evade U.S. sanctions, according to documents filed in D.C. federal court.

  • May 16, 2022

    Catching Up With Delaware's Chancery Court

    Elon Musk kept himself in the spotlight with a cold-feet tweet, a Delaware municipality defended its ordinance on the disposal of fetal tissue, and a law firm got taken to task for leaving too many details out of a court filing. In case you missed any of it, here's a wrap-up of the news last week out of Delaware Chancery Court.

  • May 16, 2022

    Trial Looms For Ex-Perkins Coie Atty Accused Of Lying To FBI

    Veteran cybersecurity attorney and ex-Perkins Coie LLP partner Michael Sussmann is set to face trial this week for allegedly hiding his affiliation with Hillary Clinton's presidential campaign when he approached investigators in the run-up to the 2016 election about potential ties between then-candidate Donald Trump and a Russian bank.

  • May 16, 2022

    SEC's Gensler Steps Up Calls For Tougher Crypto Regulations

    U.S. Securities and Exchange Commission Chair Gary Gensler said Monday his agency is collaborating with commodities regulators to rein in trading of digital tokens, amplifying his calls for greater oversight a week after crypto markets plunged.

  • May 16, 2022

    White Castle Aims To Whittle Down BIPA's Scope

    The Illinois Supreme Court on Tuesday will hear White Castle's argument that state biometric privacy claims accrue only one time in a case that could dramatically rein in the potential scope and damages size of claims that companies violated individuals' privacy.

  • May 16, 2022

    Payment Processors Ask 11th Circ. To Uphold CFPB Sanction

    Payment processing and telephone service providers have urged the Eleventh Circuit to uphold a sanction that dismissed part of the Consumer Financial Protection Bureau's robocall case against them and others, saying it was warranted because of the agency's repeated refusal to comply with depositions.

Expert Analysis

  • Nev. Case Highlights Settlement Authority Dilemmas For Cos.

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    A Nevada federal court's recent decision in Ceja v. The Vons Companies illustrates the pitfalls of misinterpreting a court order requiring a representative with full settlement authority to be present at negotiations, and is a reminder to consider that courts differ as to what full settlement authority means in practice, says Richard Mason at MasonADR.

  • Unpacking OFAC's New Russian Accounting Services Ban

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    New determinations issued by the Office of Foreign Assets Control put a broad swath of accounting, trust and corporate formation, management consulting, legal service providers, and others at heightened risk for strict liability sanctions violations for dealings with Russia, requiring affected entities to update their procedures, say Cari Stinebower and Dainia Jabaji at Winston & Strawn.

  • The Fastest Federal Trial Courts: A Look At Virginia, Florida

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    The Eastern District of Virginia rocket docket and the Northern District of Florida were last year’s fastest civil trial courts in the nation, and interviews with two of their judges reveal they have some of the same practices to keep litigation moving efficiently, says Robert Tata at Hunton.

  • Post-Ramirez Courts Split Over Data Breach Standing Issues

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    In the aftermath of last year's U.S. Supreme Court decision in TransUnion v. Ramirez, lower courts' inconsistency on standing in data breach class actions has left litigants unsure about the type of harm required to press such claims, say attorneys at Arnold & Porter.

  • Tips For Evaluating Machine Learning For Contracts Review

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    Law firms considering machine learning and natural language processing to aid in contract reviews should keep several best practices in mind when procuring and deploying this nascent technology, starting with identifying their organization's needs and key requirements, says Ned Gannon at eBrevia.

  • Opinion

    Courts Must Tackle Lack Of Diversity In Class Counsel

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    When federal courts appoint lead lawyers in federal class actions, the counsel chosen are almost always white and male — but if courts adopt a broader view of what kind of experience is relevant for class counsel appointments, the class action bar can be diversified, says Alissa Del Riego at Podhurst Orseck.

  • Ruling Casts Doubt On Illinois Biometric Class Action Defense

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    An Illinois federal court's recent finding in Sosa v. Onfido that faceprints derived from photographs are biometric identifiers regulated by the state's Biometric Information Privacy Act casts doubt on a defense used by many companies targeted in BIPA class actions, and clarifies the scope of potential BIPA liability exposure, says David Oberly at Squire Patton.

  • In Del. Chancery, A Cautionary Tale Of Hacked M&A Payouts

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    A recent Delaware Chancery Court decision in Sorenson v. Continental provides guidance on who is liable when legal counsel's emails are hacked and a stockholder's merger consideration is paid to the hackers, say attorneys at Fried Frank.

  • How To Efficiently Deploy Your Professional Growth Strategy

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    Lana Manganiello at Equinox Strategy Partners discusses how time-strapped legal professionals can efficiently implement a professional growth framework by focusing on only the most effective actions to build the reputation and relationships key to their ideal practice.

  • Nonpublic Info Compliance After SEC's Fund Manager Alert

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    A recent U.S. Securities and Exchange Commission risk alert shows heightened scrutiny of investment advisers' material nonpublic information compliance, so firms should pay attention to four key points that could influence their MNPI-related policies, say attorneys at Simpson Thacher.

  • A 6-Step Framework For Legal Industry Professional Growth

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    Lana Manganiello at Equinox Strategy Partners discusses how implementing a professional growth framework will help legal professionals gain expertise in a relevant niche to build credibility, focus marketing efforts and build an ideal practice.

  • Ransomware Risks For Health Cos. And How To Avoid Them

    Excerpt from Practical Guidance
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    As the health care industry is a particularly valuable and vulnerable target of ransomware attacks, it's important for companies to understand possible attack methodologies and best steps for mitigating risks, says Nathan Kottkamp at Williams Mullen.

  • How New Framework Could Ease EU-US Data Transfer Burden

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    The recently proposed Trans-Atlantic Data Privacy Framework would facilitate the transfer of personal data between the EU and participating U.S. companies and leave the U.K. to play catch-up, but there remain risks of the same legal challenges that invalidated previous data transfer arrangements, says Fred Saugman at WilmerHale.

  • Why Contempt May Be Apt Punishment For High Court Leaker

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    Contempt of court is an overlooked but potentially effective tool to punish whoever leaked the draft opinion overruling Roe v. Wade and protect the integrity of the U.S. Supreme Court, says Michael Zuckerman at Zuckerman Dispute Resolution.

  • Antitrust Law As A Tool Against Privacy Abuses

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    As consumer protection statutes prove insufficient in combating privacy harms, regulators and courts increasingly recognize privacy violations as anti-competitive harm — with potentially momentous effects, say William Reiss and Matthew Geyer at Robins Kaplan.

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