Cybersecurity & Privacy

  • May 15, 2024

    Mortgage Co.'s $2.4M Data Breach Settlement Gets Initial OK

    A Connecticut federal judge gave her initial sign-off to a $2.4 million settlement between mortgage firm Planet Home Lending LLC and a consolidated class of customers whose personal data, including their Social Security numbers, was exposed in a cyberattack.

  • May 14, 2024

    Gunster Data Breach Affected 9K Clients' Data, Suit Says

    A former client of Gunster Yoakley & Stewart PA has filed a proposed class action in Florida federal court, alleging the law firm's weak cybersecurity systems allowed outsiders to access clients' personal and sensitive health information and that the firm waited over a year to inform those affected.

  • May 14, 2024

    Davis Wright-Led TikTok Creators Challenge Potential Ban

    Following TikTok Inc.'s lead, a group of creators on Tuesday lodged their own challenge to a new federal law that would exclude the popular app from the U.S. market unless it cuts ties with its Chinese parent company, telling the D.C. Circuit that the measure undermines the First Amendment.

  • May 14, 2024

    Telecoms Settle FCC Probe Into Undersea Cables For $2M

    Two telecoms will pay $1 million each to resolve a Federal Communications Commission probe into an undersea cable system that connected the U.S. with Colombia and Costa Rica without FCC approval.

  • May 14, 2024

    Chamber Cautions FCC Against Making Anti-Arbitration Rules

    Business leaders told the Federal Communications Commission that it cannot bar wireless providers from requiring arbitration clauses with customers to resolve disputes arising from cellphone SIM card and port-out fraud.

  • May 14, 2024

    NIST Finalizes Revised Security Guidelines For Sensitive Info

    The National Institute of Standards and Technology on Tuesday released a final version of revised guidelines for contractors and other entities who handle sensitive unclassified federal information, intended to clarify and streamline those requirements.

  • May 14, 2024

    Casino App User Can't Hide Arbitration Details, Chancery Says

    A mobile app slot-machine player who lost an arbitration dispute with the game's operator may not keep the details of the arbitration award confidential in Delaware court filings, a Chancery Court vice chancellor said Tuesday, denying a request for ongoing confidential treatment.

  • May 13, 2024

    11th Circ. Says Class Attys Self-Dealt In $35M TCPA Settlement

    The Eleventh Circuit on Monday dismissed a proposed $35 million settlement of a class action alleging GoDaddy.com violated the Telephone Consumer Protection Act by sending unwanted marketing texts, saying the deal may have come by through nefarious means.

  • May 13, 2024

    Vt. On Brink Of Enacting Privacy Bill With Lawsuit Mechanism

    The Vermont legislature has sent to the governor's desk a comprehensive data privacy bill that would not only require companies to scale back their data collection efforts and ramp up safeguards for children, but also give consumers the rare opportunity to sue large businesses that violate the law in certain circumstances. 

  • May 13, 2024

    Student Loan Servicer Faces Suit Over Tax Form Data Breach

    An education-focused subsidiary of payment processor Global Payments Inc. faces a proposed class action accusing it of negligence after it disclosed that part of its website allowed bad actors unfettered access to certain student tax documents for months at a time.

  • May 13, 2024

    SEC, FinCEN Propose Money Manager Customer ID Rule

    The U.S. Securities and Exchange Commission and the Treasury Department's Financial Crimes Enforcement Network on Monday proposed a rule that would require money managers such as hedge funds and private equity firms to document and maintain customer identification programs.

  • May 13, 2024

    FTC Can't Modify $5B Meta Privacy Deal, DC Circ. Told

    Meta Platforms Inc. told the D.C. Circuit on Monday that the Federal Trade Commission lacks the ability to unilaterally modify a $5 billion privacy settlement, contending that the courts are the ones responsible for enforcing the agreement.

  • May 13, 2024

    Wash. Hospital Scores Exit In Facebook Privacy Suit, For Now

    A Washington federal judge has tossed a proposed class action accusing a Seattle-area hospital of sharing patients' confidential health information by using Facebook browser tracking tools, ruling on Monday the plaintiff has failed to show that her own private information was input into the website and shared with a third party.

  • May 13, 2024

    50 Cent, GC Accused Of Federal Wiretap Violations

    A liquor business consultant has told a New York state court that Curtis "50 Cent" Jackson and the rapper's general counsel violated federal and New Jersey wiretap statutes, after the court dismissed an earlier counterclaim lodged under the Illinois Eavesdropping Act.

  • May 13, 2024

    FCC Looks To Declaw 'Royal Tiger' Global Robocall Network

    The Federal Communications Commission says that a gateway provider known for helping funnel illegal robocalls into the United States is once again back to its old tricks and operating under yet another name, this time Royal Tiger.

  • May 13, 2024

    Fed. Circ. Uses Rule 36 To Nix Centripetal Patent Appeals

    A Federal Circuit panel decided Monday to quickly give a stamp of approval to a pair of administrative board rulings killing off two patents that were once at issue in a lawsuit involving cybersecurity software.

  • May 13, 2024

    Corp. Transparency Act An Overbroad Dragnet, 11th Circ. Told

    Congress exceeded its authority in passing the Corporate Transparency Act, which prompted the U.S. Treasury Department to solicit personal information for law enforcement purposes from those that registered and owned state-registered entities, a small-business group told the Eleventh Circuit on Monday.

  • May 13, 2024

    House Bill Seeks More Commerce Dept. Control Of AI Exports

    Technology companies may soon be required to implement security checks before collaborating with Chinese artificial intelligence labs with military ties, under a bipartisan bill introduced last week in the U.S. House of Representatives.

  • May 13, 2024

    Zuckerberg Challenges Basis Of Personal Claims In Meta MDL

    Facebook founder Mark Zuckerberg is asking a California federal court to throw out claims against him in multidistrict litigation over social media platforms' allegedly addictive design, saying the personal injury plaintiffs haven't shown he took affirmative actions that would make him personally liable.

  • May 13, 2024

    EU Designates Booking.com As Gatekeeper, X Ads Escape

    The Dutch company that owns popular travel site Booking.com is the latest company to be hit with the gatekeeper designation by the European Commission, and the social media platform X may be next.

  • May 13, 2024

    2nd Circ. Won't Revive UBS Suit Over Disclosed Account Info

    The Second Circuit declined Monday to revive a couple's suit accusing UBS of fraudulently flagging an account to the Internal Revenue Service, finding that any alleged harm resulting from an audit would have been caused by the agency itself.

  • May 13, 2024

    FCC Defends 'Lead Generator' Robocall Rule To GOP Sens.

    The head of the Federal Communications Commission is defending the agency's new "single seller" rule meant to limit robocalls and texts from comparison shopping sites, telling lawmakers that it will protect consumers from unwanted marketing.

  • May 13, 2024

    USPTO Fights Class Cert. Bid In Suit Over Patent Program

    The U.S. Patent and Trademark Office has said a proposed group of inventors should not receive class certification in a suit alleging that the office's now-defunct program for flagging "sensitive" patent applications for extra review violated the Privacy Act.

  • May 13, 2024

    Justices Reject COVID App Makers' Last-Ditch Apple Appeal

    The U.S. Supreme Court dealt the latest blow Monday to app developers who've struck out at every turn on antitrust allegations over Apple's rejection of COVID-19-tracking and bitcoin apps, refusing to look at a Ninth Circuit's refusal to revive the lawsuit.

  • May 10, 2024

    Bakery To Face Ex-Worker's Finger Scan Suit In State Court

    An Illinois judge has remanded most of a suit accusing Gold Standard Baking Inc. of unlawfully collecting biometric data for timekeeping purposes, finding that claims related to fingerprint scans collected while she was a temporary worker could stand while captures made after she became a company employee were preempted by federal labor-contract law.

Expert Analysis

  • Handling Customer Complaints In Bank-Fintech Partnerships

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    As regulators mine consumer complaint databases for their next investigative targets, it is critical that fintech and bank partners adopt a well-defined and monitored process for ensuring proper complaint handling, including by demonstrating proficiency and following interagency guidance, say attorneys at Jenner & Block.

  • Opinion

    Requiring Leave To File Amicus Briefs Is A Bad Idea

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    A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.

  • Comparing The UK And EU Approaches To AI Regulation

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    While there are significant points of convergence between the recently published U.K. approach to artificial intelligence regulation and the EU AI Act, there is also notable divergence between them, and it appears that the U.K. will remain a less regulatory environment for AI in the foreseeable future, say lawyers at Steptoe.

  • 4 Ways To Motivate Junior Attorneys To Bring Their Best

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    As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.

  • Decoding The FTC's Latest Location Data Crackdown

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    Following the Federal Trade Commission's groundbreaking settlements in its recent enforcement actions against X-Mode Social and InMarket Media for deceptive and unfair practices with regards to consumer location data, companies should implement policies with three crucial elements for regulatory compliance and maintaining consumer trust, says Hannah Ji-Otto at Baker Donelson.

  • Defense Attys Must Prep For Imminent AI Crime Enforcement

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    Given recent statements by U.S. Department of Justice officials, white collar practitioners should expect to encounter artificial intelligence in federal criminal enforcement in the near term, even in pending cases, say Jarrod Schaeffer and Scott Glicksman at Abell Eskew.

  • Series

    Serving As A Sheriff's Deputy Made Me A Better Lawyer

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    Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.

  • 10 Ransomware Issues GCs Should Have On Their Radar

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    As the ransomware threat landscape rapidly evolves, in-house counsel should expect to face a number of challenging dynamics, including the need to justify any ransom payments both to internal and external stakeholders, and data extortion demands that are bypassing the encryption stage, say attorneys at Alston & Bird.

  • Parsing Chinese Governance On AI-Generated Content

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    As essential risk-mitigation, companies with a China reach should be aware of recent developments in Chinese oversight of AI-generated content, including the latest rulings and regulations as well as the updated ambit for supervisory bodies, say Jet Deng and Ken Dai at Dacheng.

  • Series

    NJ Banking Brief: All The Notable Legal Updates In Q1

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    Early 2024 developments in New Jersey financial regulations include new bills that propose regulating some cryptocurrency as securities and protecting banks that serve the cannabis industry, as well as the signing of a data privacy law that could change banks’ responsibility to vet vendors and borrowers, say attorneys at Chiesa Shahinian.

  • Former Minn. Chief Justice Instructs On Writing Better Briefs

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    Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.

  • Unpacking The Complicated Question Of CIPA's Applicability

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    As the number of California Invasion of Privacy Act cases increases, more and more companies with little-to-no California presence are being hauled into California court, raising questions of when CIPA applies and to whom, says Matthew Pearson at BakerHostetler.

  • Stay Interviews Are Key To Retaining Legal Talent

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    Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.

  • What To Know About State-Level Health Data Privacy Laws

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    Companies that handle consumer health data, including those in the retail sector, should take a conservative approach when interpreting the scope of new health privacy laws in Washington, Nevada and Connecticut, which may include development of privacy notices, consent procedures, rights request response processes and processor contracts, say attorneys at Hunton.

  • HHS' Updated Tracking Tech Guidance Offers Little Clarity

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    The U.S. Department of Health and Human Services' Office for Civil Rights' updated guidance on the use of online tracking technologies appears more focused on legal issues raised in ongoing litigation with the American Hospital Association and less on practical guidance for covered entities, say attorneys at Sheppard Mullin.

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