Cybersecurity & Privacy

  • January 26, 2024

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen Sainsbury’s Supermarkets face patent proceedings over a specific type of mandarin, Alexander Nix, the former chief of Cambridge Analytica, embroiled in further proceedings with Dynamo Recoveries, the sports management arm of Warner Bros raise a red card against crypto exchange Next Hash, and EY targeted in a libel claim by a consultancy firm. Here, Law360 looks at these and other new claims in the U.K.

  • January 25, 2024

    9th Circ. Forms AI Panel With Bradley Arant Atty As A Member

    The Ninth Circuit is forming a committee to guide the court on artificial intelligence issues, according to a Bradley Arant Boult Cummings LLP partner and member of the committee who spoke to Law360 about judicial efforts to address the emerging technology.

  • January 25, 2024

    Petition Watch: Patent Obviousness, ADA Trials, Spoofing

    The U.S. Supreme Court receives thousands of petitions for review each term, but only a few make the news. Here, Law360 looks at four petitions filed in the past two weeks that you might've missed, including questions over pleading standards, the correct obviousness test to apply in patent disputes, whether Americans with Disabilities Act retaliation plaintiffs are entitled to jury trials, and how the government should prosecute spoofing.

  • January 25, 2024

    Israeli Co. Gets Meta's Data Scraping Suit Trimmed

    A California federal judge trimmed Meta's breach of contract claims from its lawsuit alleging Bright Data unlawfully collects information from Meta's social media platforms to sell to third parties, finding that the Israeli company obtained only public data from Facebook and Instagram, and Bright Data isn't bound by Meta's contracts.

  • January 25, 2024

    Eye Care Tech Co. Gets Tentative OK For $8M DIP

    Optometry software maker Eye Care Leaders received tentative approval Thursday from a Texas bankruptcy judge to tap into $8 million of debtor-in-possession financing from a private equity firm looking to buy the company in a Chapter 11 sale.

  • January 25, 2024

    Google Says Publishers' Bid Creates An 'Unfair Advantage'

    Google traded barbs Wednesday and Thursday with Gannett and the Daily Mail over the publishers' bid for expert discovery-sharing between their multidistrict litigation, a case from state attorneys general and a lawsuit brought by the federal government, all targeting the search giant's control over advertising-auction technology.

  • January 25, 2024

    Software Co. Settles Coverage Spat Over Wiretapping Suits

    A software company and its insurers reached an agreement in principle through mediation to resolve a coverage dispute over several wiretapping class actions, roughly three months after a California federal judge determined the insurers must defend it in four of the eight underlying suits.

  • January 25, 2024

    Discovery Row Cuts Ga. Election Official's Testimony Short

    Concerns over what Georgia did or did not reveal in discovery ahead of a trial over the future of its election system took center stage Thursday, with the overseeing judge limiting testimony provided by the state's deputy director of election and voting systems as a result.

  • January 25, 2024

    Music Student Guilty Of Stalking China Democracy Activist

    A Chinese national and former student at Berklee College of Music was convicted Thursday of stalking and making threats against a person who posted a sign on the Boston school's campus in favor of Chinese democracy.

  • January 25, 2024

    Morgan & Morgan Beats Firms To Lead Zoll Data Breach Row

    A Massachusetts federal judge on Thursday tapped Morgan & Morgan PA to lead a proposed class action by customers of Zoll Medical Corp. alleging the company failed to protect their private information in two data breaches, rejecting a competing bid by Hausfeld LLP and DiCello Levitt.

  • January 25, 2024

    FTC Launches Probe Of Big Tech Investments In AI

    The Federal Trade Commission said Thursday that enforcers have requested information from Google, Amazon, Microsoft and others about recent investments and partnerships involving generative artificial intelligence and cloud services to understand their impact on competition.

  • January 24, 2024

    SEC Says Law Firm Clients May Have Info For SolarWinds Suit

    The U.S. Securities and Exchange Commission told a New York federal judge it believes clients from more than a dozen law firms may have discoverable information in the regulator's ongoing suit against software provider SolarWinds Corp. and that five banks and financial firms may also have relevant information.

  • January 24, 2024

    Sens. Press For New Agency To Police BigTech On Privacy, AI

    A bipartisan group of U.S. senators is stepping up its push to establish a new federal agency to regulate the biggest players in the digital technology industry, telling the chamber's leader that "piecemeal efforts" to protect users' data privacy and address issues presented by the rapid rise of artificial technology have failed. 

  • January 24, 2024

    Canadian Court Tosses Data Breach Suit Against Pot Store

    A mom-and-pop dispensary can't sue a larger rival chain for allegedly relying on leaked financial information when deciding to open a nearby "predatory" location after an attempt to buy out the dispensary's owners fell through, a Canadian court ruled, calling the $40 million action frivolous and vexatious.

  • January 24, 2024

    BofA Fell For $2.1M Check Fraud Despite Red Flags, Suit Says

    A Kansas-based insurance exchange said Wednesday that Bank of America missed several "clear and conspicuous" indicators that a $2.1 million check purportedly submitted by its customer was actually fraudulent, instead providing the money to a medical group that illegally altered the check's address and date.

  • January 24, 2024

    LoanDepot Sued Over Data Breach Affecting 16.6M People

    LoanDepot's "willful failure" to prevent a data breach gave hackers likely access to the Social Security numbers, bank account numbers and other sensitive information of about 16.6 million people in the company's system, according to a proposed class action filed Tuesday in California federal court.

  • January 24, 2024

    Delaware Jury Awards $45M In Data Security IP Trial

    A Delaware jury found in a verdict posted Wednesday that Vector Flow Inc. willfully infringed rival security company HID Global Corp.'s data security patent and misused two of its trade secrets, awarding HID Global a grand total of $45 million between the two claims.

  • January 24, 2024

    Software Co. Says Data Breach Victims Aren't Customers

    NextGen Healthcare is asking a Georgia federal court to dismiss a proposed consolidated class action because the plaintiffs don't have a relationship with the software company that would make it liable for damages, even as it acknowledged their health information was compromised by a cyberattack. 

  • January 24, 2024

    Staff Duped GSA To Buy Banned Chinese Cameras, IG Finds

    U.S. General Services Administration personnel gave a contracting officer "egregiously flawed information" so they would approve buying dozens of Chinese videoconference cameras, despite a federal law barring federal agencies from sourcing products from China, the agency's inspector general has reported.

  • January 24, 2024

    Not Hanging Up Doesn't Kill TCPA Suit, Fla. Judge Says

    Not hanging up on an unsolicited robocall is not evidence that the call was wanted for the purposes of escaping a Telephone Consumer Protection Act suit, a Florida federal judge has ruled.

  • January 24, 2024

    LA District Atty Cuts $5M Deal In 'Election Deniers' Arrest Suit

    The Los Angeles Board of Supervisors on Tuesday approved a $5 million deal to resolve an election-logistics software company's civil rights lawsuit, accusing L.A. County District Attorney George Gascón of relying on bogus claims by right-wing "election deniers" to falsely charge the company's founder with stealing poll workers' sensitive information.

  • January 24, 2024

    Apple Can Pursue NSO Group Phone-Hacking Suit In Calif.

    Apple's lawsuit claiming Israeli surveillance software company NSO Group remotely hacked users' iPhones and allowed its clients to monitor and record unwitting targets can stay in California, a federal judge ruled Tuesday, saying NSO has not shown that Apple should have filed suit in Israel.

  • January 24, 2024

    Ga. Elections Director Says Paper Ballots Have Problems Too

    Georgia's elections director pushed back Wednesday on claims that hand-marked paper ballots would serve voters in the state more reliably than the ballot-marking devices currently used at the polls, explaining why the state will not upgrade its voting system until after the 2024 presidential election.

  • January 24, 2024

    FTX Inches Toward Ch. 11 Examiner Appointment

    A Delaware bankruptcy judge began on Wednesday to lay out a course for picking an independent examiner in the Chapter 11 case of defunct cryptocurrency exchange operator FTX, explaining that the court's focus was on moving quickly, avoiding big expenses and not having to "reinvent the wheel."

  • January 24, 2024

    Split 5th Circ. Says Cops Immune In Texas Free Speech Suit

    A sharply divided full Fifth Circuit ruled that Laredo, Texas, police were immune from a citizen journalist's suit alleging they violated her free speech rights by arresting her for asking for undisclosed details of a suicide and vehicle crash, with the dissenters warning the ruling could "destroy" the First Amendment.

Expert Analysis

  • SEC's New Rules Likely Will Affect Cyber, D&O Insurance

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    The U.S. Securities and Exchange Commission recently adopted cybersecurity incident disclosure rules that could create new challenges that affect how public companies assess the risk of securities, corporate governance and cyber-related lawsuits, which may implicate novel insurance coverage issues, say attorneys at Reed Smith.

  • Schumer Framework May Forge US Model On AI Governance

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    Senate Majority Leader Chuck Schumer's proposed SAFE Innovation Framework may have the potential to generate thoughtful understanding and governance of artificial intelligence within a meaningful time frame, say Alan Charles Raul and Rimsha Syeda at Sidley.

  • Covington Ruling Strengthens SEC's Enforcement Powers

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    A Washington, D.C., federal court’s recent order that Covington & Burling provide the U.S. Securities and Exchange Commission with the identities of its clients in response to a subpoena reinforces the agency’s broad authority to investigate cybersecurity violations, and suggests law firms must take steps to strengthen data privacy, say Elisha Kobre and Ryan Dean at Bradley Arant.

  • Top 4 Employer AI Risks And How To Mitigate Them

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    The use of generative artificial intelligence by employees to perform their job duties presents significant challenges to their employers, so companies are now left to adapt their businesses, processes and procedures to address this useful but potentially disruptive technology, say Randi May and John Walpole at Tannenbaum Helpern.

  • For Radiation Oncology Units, Cyber Vigilance Is Crucial

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    Recent cyberattacks highlight the unique cybersecurity challenges faced by radiation oncology departments and the importance of implementing policies and procedures to safeguard operations and patient data, says Paul Schmeltzer at Clark Hill.

  • The Basics Of Being A Knowledge Management Attorney

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    Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.

  • Perspectives

    'True Threat' Ruling May Ensnare Kids' Online Speech

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    The U.S. Supreme Court’s recent Counterman v. Colorado decision correctly held that a showing of intent is required to prosecute someone for true threats, but the amorphous standard adopted by the court risks overcriminalizing children’s use of social media and text-based communications, say Adam Pollet at Eversheds Sutherland and Suzanne La Pierre at Human Rights for Kids.

  • To Hire And Keep Top Talent, Think Beyond Compensation

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    Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.

  • Automakers Must Prep For California's Car Data Privacy Probe

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    With California recently announcing its intent to probe how automotive companies are collecting and using data from internet-connected vehicles, automakers and their suppliers must act quickly to create flexible, dynamic data management and compliance programs, say Melissa Ventrone and Myriah Jaworski at Clark Hill.

  • 4 Mistakes To Avoid After A Cybersecurity Incident

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    As threat-actor tactics transform, companies must bypass common errors that are often made after a cybersecurity incident, which is when organizations are best poised to identify improvement areas, say Kaylee Cox Bankston and Jud Welle at Goodwin, and Kyung Kim at FTI Consulting.

  • Perspectives

    More States Should Join Effort To Close Legal Services Gap

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    Colorado is the most recent state to allow other types of legal providers, not just attorneys, to offer specific services in certain circumstances — and more states should rethink the century-old assumptions that shape our current regulatory rules, say Natalie Anne Knowlton and Janet Drobinske at the University of Denver.

  • Balancing SEC Cyber Compliance And Trade Secret Protection

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    The U.S. Securities and Exchange Commission’s recently adopted rules requiring the disclosure of material cybersecurity incidents could implicate trade secrets, meaning companies should consider how to comply without compromising confidential information, say Daniel Garrie at Law & Forensics and Bradford Newman at Baker McKenzie.

  • How Health Cos. Can Brace For Tracking Tech Scrutiny

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    A joint letter sent by the U.S. Department of Health and Human Services Office for Civil Rights and Federal Trade Commission last month highlights the agencies' concerns about tracking technologies, and may foreshadow a spike in enforcement actions, say attorneys at Moses Singer.

  • Identifying Trends And Tips In Litigation Financing Disclosure

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    Growing interest and controversy in litigation financing raise several salient concerns, but exploring recent compelled disclosure trends from courts around the country can help practitioners further their clients' interests, say Sean Callagy and Samuel Sokolsky at Arnold & Porter.

  • 10 Legal Subject Matters Popping Up In AI Litigation

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    The past five years have brought judicial opinions addressing artificial intelligence in many different legal areas, so a study of existing case law is an important first step for in-house counsel addressing how to advise on the uncertainty driving many of the AI legal disputes, says Mark Davies at Orrick.

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