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Cybersecurity & Privacy
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May 23, 2024
Bungie Cheat Code Sellers Dinged At Trial For Deleting Docs
A Seattle federal judge overseeing a trial of Bungie's copyright claims against a group of cheat code sellers instructed jurors Thursday that the defendants intentionally destroyed evidence by deleting records they had a duty to preserve once they were aware of the game studio's claims.
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May 23, 2024
TikTok, YouTube Must Produce European Privacy Data In MDL
A California federal magistrate judge overseeing discovery in multidistrict litigation over whether social media platforms' design is addictive ordered TikTok and YouTube on Thursday to give American personal injury plaintiffs certain technical documents regarding the companies' safety features implemented in Europe and Australia, which have tougher consumer privacy laws.
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May 23, 2024
Ex-Bank CEO Cops To Embezzling $47M To Pay Crypto Scam
Heartland Tri-State Bank's former chief executive pled guilty Thursday in Kansas federal court to embezzling $47 million that he wired to cryptocurrency accounts controlled by fraudsters after falling victim to a "pig butchering" scam, which led to the bank's collapse and subsequent shutdown last summer.
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May 23, 2024
House Panel Moves Data Privacy Bill, While Vowing Revisions
A U.S. House of Representatives subcommittee on Thursday advanced a bipartisan proposal to create a nationwide framework for how companies use and share consumers' personal information, despite lawmakers on both sides of the aisle acknowledging that more work needs to be done to further refine the measure.
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May 23, 2024
AdTech Co. Faces Suit As Google's Cookie Support Crumbles
Advertising company Direct Digital Holdings Inc. faces a proposed investor class action alleging it mismanaged its response to an impending major technological change affecting how digital advertisers can target consumers.
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May 23, 2024
Charges Tossed For Army Doc, Wife In Russia Data Leak Case
A Maryland federal judge dismissed all charges against a U.S. Army physician and her wife who were accused of trying to leak military patients' medical information to Russia, finding the government violated the Speedy Trial Act and bungled the defense's request for access to classified information.
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May 23, 2024
Joint Venture Says Defense Agency Errors Thwarted Contract
An Alabama joint venture hauled the U.S. government into the U.S. Court of Federal Claims, alleging it was shut out of a Missile Defense Agency deal due to multiple errors the agency made when assessing the joint venture.
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May 23, 2024
'I Just Don't Buy It': Judge Rips Google's Injunction Argument
A California federal judge considering the scope of a potential injunction against Google following Epic Games' antitrust jury trial win told Google's economist Thursday that the tech giant keeps arguing that more app store options for consumers will create a "terrifying world of chaos and anarchy," but "I just don't buy it."
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May 23, 2024
FCC Aims To Reduce Risk From China-Controlled Test Labs
The Federal Communications Commission pushed Thursday for new rules to prevent foreign adversaries, mainly the Chinese Communist Party, from playing a role in testing and certifying communications equipment in the U.S. market.
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May 23, 2024
Man Behind NH Primary Deepfake Faces Charges, FCC Fines
The Democratic consultant accused of making robocalls with a cloned voice of President Joe Biden discouraging voters from taking part in the New Hampshire primary faces a state indictment on 13 felony voter suppression charges and $6 million in potential federal fines.
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May 23, 2024
Legal Marketer, Ark. Firm Agree To End Trade Secrets Suit
A legal marketing business has agreed to dismiss a Georgia federal lawsuit accusing an Arkansas law firm and others of stealing and profiting off its trade secrets, including a database of client leads for mass torts over talcum powder and heartburn medication.
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May 23, 2024
NC High Court Sees No DA Conflict In Cyberstalking Case
North Carolina's highest court ruled Thursday that a county prosecutor was improperly disqualified from a criminal case in which the alleged victim is a county manager, reasoning that the scenario didn't meet conflict-of-interest parameters established by the court's decades-old precedent.
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May 23, 2024
House Passes Bill To Block Fed-Issued Digital Dollar
The U.S. House of Representatives on Thursday passed a bill that would prohibit the Federal Reserve from issuing a digital dollar in a vote that fell starkly along party lines, with Democrats decrying the bill as fearmongering over privacy concerns and a departure from the previous day's bipartisan passage of a regulatory framework for digital assets.
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May 23, 2024
Ark. Judge Sides With Insurer's Cyber Policy Interpretation
An Arkansas federal judge ruled an insurer correctly evaluated a telemarketing company's losses from a cyberattack, agreeing that "normal operating expenses" the company paid from revenue during that period aren't included in the loss and that any other interpretation would give the company a windfall.
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May 23, 2024
High Court Urged To Rule On FCC Question In TCPA Dispute
A chiropractic practice group is asking the U.S. Supreme Court to take another crack at the question of whether district courts must adhere to a Federal Communications Commission's legal interpretation of the Telephone Consumer Protection Act, in a bid to revive its proposed class action against McKesson over junk faxes.
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May 23, 2024
NFL Says Unsolicited-Text Suit Belongs In Arbitration
The NFL wants to force into arbitration a lawsuit filed by a New York woman frustrated with her inability to stop unwanted text messages from the football organization, citing a binding agreement she consented to when registering to receive notifications about the 2023 draft.
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May 23, 2024
Alex Jones Atty Escapes Suspension, For Now
The Connecticut Appellate Court on Thursday threw out the six-month suspension of Norm Pattis, the lead attorney in Infowars host Alex Jones' Sandy Hook Elementary School defamation trial, ordering new proceedings against the attorney for supervising the transmission of the victims' confidential records to other Jones lawyers.
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May 22, 2024
Neb. Takes Aim At TikTok For 'Exploiting' Teen Users
Nebraska's attorney general has become the latest to accuse TikTok of operating a service that is addictive and harmful to teens, alleging in a complaint filed in state court Wednesday that the popular video-sharing site has misled consumers about how safe and appropriate the platform is for minors.
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May 22, 2024
Caesars Escapes Privacy Suit Over Online Video Games
A New Jersey federal judge on Wednesday tossed without prejudice a proposed class action accusing Caesars of illegally sharing the personal identifying information of those who played video games on its casino website, saying the online games are not covered under the law the plaintiff alleges the casino violated.
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May 22, 2024
Ex-Citi Exec Says She Was Asked To Lie To OCC
A former Citibank NA managing director hired to bring the bank into compliance with regulatory obligations has accused the bank and its chief operating officer of wrongful termination and retaliation in a suit Wednesday, alleging she was fired for not reporting false information to authorities.
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May 23, 2024
Sunsetting Section 230 Gains Traction On Both Sides Of Aisle
Everyone at Wednesday's House subcommittee hearing, from left to right, seemed to agree that it's time to ditch the Communications Decency Act's hotly contested Section 230, which shields online platforms from liability for content posted by third parties.
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May 22, 2024
Justices' CFPB Alliance May Save SEC Courts, Not Chevron
A four-justice concurrence to the U.S. Supreme Court's decision upholding the Consumer Financial Protection Bureau's unique funding scheme last week carries implications for other cases pending before the court that challenge the so-called administrative state, or the permanent cadre of regulatory agencies and career government enforcers who hold sway over vast swaths of American economic life.
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May 22, 2024
Assange Appeal May Put US Constitution In UK Crosshairs
Julian Assange's latest appeal, in which he claims he would be denied free speech protection if he is put on trial in the U.S., could break new ground in extradition cases and end up having to be decided by Britain's highest court, legal experts say.
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May 22, 2024
WeChat Users Must Arbitrate Privacy Row, Calif. Panel Says
California appellate justices said Monday that WeChat users must arbitrate their proposed class action accusing Tencent of using politically motivated practices to censor their communications, saying plaintiffs can't argue they never agreed to terms of service with the arbitration provision while also basing their complaint on those same terms of service.
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May 22, 2024
NYSE Parent Agrees To $10M SEC Fine Over Cyber Breach
The U.S. Securities and Exchange Commission announced Wednesday that the Intercontinental Exchange Inc. has agreed to pay $10 million to settle allegations that it failed to timely report a data breach that impacted the New York Stock Exchange and eight other subsidiaries.
Expert Analysis
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Compliance Considerations For New Data Protection Law
Sam Castic at Hintze Law discusses how to determine if your organization is covered by the newly enacted Protecting Americans' Data from Foreign Adversaries Act, the scope of the law's restrictions, and how to go about compliance as its June 23 effective date approaches.
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What The FTC Report On AG Collabs Means For Cos.
The Federal Trade Commission's April report on working with state attorneys general shows collaboration can increase efficiency and consistency in how statutes are interpreted and enforced, which can minimize the likelihood of requests for inconsistent injunctive relief that can create operational problems for businesses, say attorneys at Kelley Drye.
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Crypto Mixer Laundering Case Provides Evidentiary Road Map
A Washington, D.C., federal court’s recent decision to allow expert testimony on blockchain analysis software in a bitcoin mixer money laundering case — which ultimately ended in conviction — establishes a precedent for the admissibility of similar software-derived evidence, say Peter Hardy and Kelly Lenahan-Pfahlert at Ballard Spahr.
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Series
Being An EMT Makes Me A Better Lawyer
While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.
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The Opportunities, Risks And Rewards Of AI Acquisitions
As artificial intelligence acquisitions become an increasing area of focus for investors and technology buyers, entities should pay special attention to target identification, due diligence and more when structuring and executing a transaction with a company that has an AI-centric business model, say attorneys at Foley & Lardner.
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Legal Issues To Watch As Deepfake Voices Proliferate
With increasingly sophisticated and accessible voice-cloning technology raising social, ethical and legal questions, particularly in the entertainment industry and politics, further legislative intervention and court proceedings seem very likely, say Shruti Chopra and Paul Joseph at Linklaters.
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AI And Trade Controls: A Guide To Expanding Restrictions
With restrictions on trade related to commodities, software and technology integral to high-performing artificial intelligence capabilities expected to expand — particularly between the U.S. and China — companies must carefully consider the export classification of the items they design, produce or procure, say attorneys at Hogan Lovells.
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Car Apps, Abuse Survivor Safety And The FCC: Key Questions
A recent request for comment from the Federal Communications Commission, concerning how to protect the privacy of domestic violence survivors who use connected car services, raises key questions, including whether the FCC has the legal authority to limit access to a vehicle's connected features to survivors only, say attorneys at Davis Wright.
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Opinion
'Natural Person' Or Not, AI-Made IP Deserves Protection
The entire legal edifice rests on a determination that an artificial system is not a so-called natural person, and although this may appear to be straightforward on its face, rapid advances in technology may soon force us to revisit our understanding of a natural person, says Manav Das at McDonnell Boehnen.
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Lessons On Challenging Class Plaintiffs' Expert Testimony
In class actions seeking damages, plaintiffs are increasingly using expert opinions to establish predominance, but several recent rulings from California federal courts shed light on how defendants can respond, say Jennifer Romano and Raija Horstman at Crowell & Moring.
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Exploring An Alternative Model Of Litigation Finance
A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.
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A GC's Guide To Multijurisdictional Regulatory Compliance
Overlapping cybersecurity regulation has created an increasingly fragmented regulatory landscape with elevated oversight for organizations across the globe, but general counsel can help develop a best-in-class approach to manage these complexities by building a compliance strategy holistically, say David Dunn and Meredith Griffanti at FTI Consulting.
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Series
Teaching Yoga Makes Me A Better Lawyer
Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.
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A Vision For Economic Clerkships In The Legal System
As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.
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Examining Illinois Genetic Privacy Law Amid Deluge Of Claims
After a federal court certified an Illinois Genetic Information Privacy Act class action in August, claims under the law have skyrocketed, so employers, insurers and others that collect health and genetic information should ensure compliance with the act to limit litigation risk, say attorneys at Squire Patton.