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Cybersecurity & Privacy
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April 30, 2024
ABA Knocks Down 'Implausible' Data Breach Class Action
The American Bar Association members suing the organization over a data breach have not identified any security measures the ABA failed to take, a New York federal judge said Tuesday when nixing what the organization called the members' "implausible" proposed class action.
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April 30, 2024
High Court Won't Stay Texas' Porn Site Age Check Law
The U.S. Supreme Court on Tuesday declined to stay a Fifth Circuit decision that allowed a portion of a Texas law requiring visitors to adult-oriented websites to prove their age before accessing content.
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April 29, 2024
High Court Won't Revisit Class Cert. In Chili's Data Breach Row
The U.S. Supreme Court on Monday refused to review an Eleventh Circuit ruling that kept alive a class action claiming Chili's restaurants failed to protect customer data in a 2018 data breach that revealed millions of credit card records, which class counsel said "enshrines a path" toward compensation for consumers against companies that mishandle their data.
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April 29, 2024
House Passes Bill To Curb Online Child Exploitation
The House by voice vote passed a bipartisan bill on Monday night aimed at better curbing online child sexual exploitation by improving the nation's centralized reporting system, which now goes to the president's desk.
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April 29, 2024
Meta Seeks Pause On Privacy Appeal For High Court Ruling
Meta urged the D.C. Circuit on Monday to pause the company's appellate efforts to block the Federal Trade Commission from pursuing changes to a $5 billion privacy settlement, asking the appeals court to wait for an impending U.S. Supreme Court ruling on a similar case involving the U.S. Securities and Exchange Commission.
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April 29, 2024
Target, Grubhub Say Visa, Mastercard Fee Deal Is A Scam
Visa and Mastercard's settlement to slash their merchant fees by some $30 billion over the next several years has no fans in Target and Grubhub, who told the judge overseeing the long-running antitrust litigation that the deal isn't fair to anyone except the credit titans.
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April 29, 2024
TikTok Law Likely To Withstand Appeal, FCC Member Says
A federal law banning TikTok unless it's divested from its Chinese parent company is likely to survive upcoming judicial challenges because it differs in key ways from a recently blocked Montana law affecting TikTok, a member of the Federal Communications Commission said.
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April 29, 2024
1st Circ. Slashes Atty's Convictions In Email Fraud Case
An Illinois lawyer convicted of receiving proceeds from a business email compromise scheme had three of six counts vacated Monday by the First Circuit, which ruled that Massachusetts wasn't the right venue for those charges.
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April 29, 2024
Apple Says Nothing's Changed To Revive COVID App Suit
Apple urged a California federal judge not to reopen a tossed antitrust lawsuit over the company's refusal to distribute a COVID-19-tracking app on the App Store, arguing that neither new European Union law nor Epic Games' jury win over Google change the dynamics of a case that has favored the iPhone maker at every turn.
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April 29, 2024
UnitedHealth's Cyberattack Response Is 'Inadequate,' AGs Say
Nearly two dozen state attorneys general urged UnitedHealth Group and its subsidiary Change Healthcare "to do more" to address the fallout from a February cyberattack by Russian ransomware group Blackcat that breached their systems and services, noting their response efforts to the outage "have been inadequate."
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April 29, 2024
'Tornado Cash' Crypto Fraud Wasn't Free Speech, Feds Say
The founder of the Tornado Cash cryptocurrency exchange is mistaken in his arguments that First Amendment protections on computer code are grounds to dismiss his money laundering and sanctions-dodging charges, prosecutors told a Manhattan federal judge.
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April 29, 2024
FCC Fines Wireless Carriers $195M For Selling Location Data
The country's top wireless carriers face fines totaling almost $200 million from the Federal Communications Commission after a yearslong probe into the companies' sales of user location data to third parties.
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April 29, 2024
NY Mag Readers Say Privacy Damages Enough For Fed. Court
New York Magazine subscribers told a Michigan federal judge that "simple math" would show they clear a $5 million federal court damages threshold to bring a class action alleging the publisher disclosed their data to third parties, urging the court to ignore the magazine's bid to toss the case.
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April 29, 2024
GM, LexisNexis Hit With Another Driving Data Suit
A Michigan driver told a Georgia federal court that his auto insurance rate increased after General Motors and its OnStar unit collected his driving data without consent and shared it with third parties, including data broker LexisNexis Risk Solutions, which then sold the data to insurers.
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April 29, 2024
Pa. County Counters Sanctions Bid In Dominion Suit
Local officials in Fulton County, Pennsylvania, have urged a federal judge to punish Dominion Voting Systems Inc. for its motion filed last month calling for sanctions against two county commissioners for filing an amended complaint in a breach of contract suit.
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April 29, 2024
Security Startup Founder Joins Greenberg Traurig From MoFo
Greenberg Traurig LLP has added a former Morrison & Foerster LLP technology litigator and data security software startup founder to its San Francisco office, the firm announced Monday.
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April 26, 2024
Law360 Reveals Titans Of The Plaintiffs Bar
In the past year, plaintiffs have won settlements and judgments for millions and billions of dollars from companies such as Wells Fargo, Goldman Sachs, Facebook and Fox News, with many high-profile cases finally wrapping up after years of fighting. Such cases — involving over-the-top compensation packages, chemical contamination, gender discrimination and data mining — were led by attorneys whose accomplishments earned them recognition as Law360's Titans of the Plaintiffs Bar for 2024.
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April 26, 2024
TikTok Ban Reveals Congress' Power In Place Of CFIUS Limits
The new law calling for TikTok's Chinese parent company to sell the app or get banned in the U.S. reflects the limits of national security reviews and shows how Congress and the president may bolster, or circumvent, them going forward.
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April 26, 2024
L'Occitane's Claim Zimmerman Reed Weaponized Law Tossed
A California federal judge has thrown out L'Occitane's allegations that Zimmerman Reed LLP and thousands of clients conspired to "weaponize" a California wiretapping law against the luxury retailer, while chastising both sides' counsel in a footnote for their "overwrought, unjustified and misguided" arguments during litigation.
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April 26, 2024
CFTC Receives Competing Visions For AI's Regulatory Future
Business lobbyists have urged the U.S. Commodity Futures Trading Commission to lean on existing regulations to address the financial industry's use of artificial intelligence, while skeptics say those regulations don't go far enough to guard against the technology's potential to spur market crashes and data breaches.
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April 26, 2024
Ex-Walmart Worker Files Ill. BIPA Suit Over Fingerprint Scans
Walmart is violating biometric privacy laws by gathering employees' fingerprint scans when clocking in for shifts and sharing them with various third-party identity service providers without written consent, a former employee alleges in a putative class suit.
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April 26, 2024
TikTok GC To Step Down, Work On Overturning US Law
The global general counsel for TikTok and parent company ByteDance will be stepping down from his role in June to take on a different job within the social media giant, the company announced Friday: fighting a new federal law requiring ByteDance to divest in TikTok or face a ban in the U.S.
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April 26, 2024
Ill. Hospital Wins Dismissal Of Genetic Privacy Case
An Illinois state court judge has thrown out a proposed class action accusing Advocate Health and Hospitals Corp. of violating the state's decades-old genetic information privacy law, saying Wednesday the lead plaintiff not only released the hospital system from liability, but was largely asked about her own medical status after she was already offered a job.
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April 26, 2024
50 Cent's GC Beats Wiretap Claim In Liquor Feud, For Now
A Manhattan judge on Friday threw out a claim that the general counsel for rapper Curtis "50 Cent" Jackson illegally recorded a former Beam Suntory Inc. sales contractor during an embezzlement investigation, but allowed the consultant to revise his pleading.
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April 26, 2024
Cox Says Insurers Must Pay For Settled DMCA Suit
Cox Enterprises Inc. sued two of its insurers this week over allegations they failed to cover the company's more than $15 million in expenses in defending, and ultimately settling, a novel lawsuit that aimed to hold the internet service provider liable for users' illegal downloads.
Expert Analysis
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Directors And Officers Face Unique AI-Related Risks
As privacy, intellectual property and discrimination lawsuits focusing on artificial intelligence increase, corporate directors and officers must stay aware of associated risks, including those related to compliance, litigation and cybersecurity, says Jonathan Meer at Wilson Elser.
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Series
Playing Competitive Tennis Makes Me A Better Lawyer
My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.
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New Strain Of Web Tracking Suits Pose Risks For Retailers
Amid an ongoing surge of California state and federal lawsuits that are using novel theories to allege companies used certain recording technologies to illegally track website users, retailers should take steps to develop a potential argument that customers consented to any alleged uses of these devices, say attorneys at Benesch.
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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.