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Cybersecurity & Privacy
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March 18, 2024
Conn. Judge Won't Halt Ex-Yale Student's Case After 'Doxxing'
A Connecticut federal judge determined Monday that acquitted former Yale University student Saifullah Khan's decision to reveal his onetime sexual assault accuser's name on X, the social media site formerly known as Twitter, isn't fatal to a defamation lawsuit against the woman despite an anonymity order.
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March 18, 2024
Mass. Law Firm Can't Escape Ex-Client's Data Breach Case
A small Massachusetts law firm will have to face an ex-client's proposed class action claiming it was negligent and failed to protect her and others' personal information from hackers who breached the firm's computers and stole data, a Boston federal judge has ruled.
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March 18, 2024
Google Defeats BIPA Suit Over IBM Face Dataset, For Now
Google has defeated a proposed class action by Illinois residents who accused the company of violating the state's biometric privacy laws with facial data collected by IBM, after a California federal judge said their claims don't establish that Google's alleged violations took place in the Prairie State.
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March 16, 2024
Up Next At High Court: Gov't Jawboning & Retaliatory Arrests
The U.S. Supreme Court has a packed oral arguments calendar this week that includes disputes over the Biden administration's work with social media companies to combat misinformation, the appropriate evidence standard for bringing retaliatory arrest claims and whether the federal government can object to a consent decree entered into by three states.
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March 15, 2024
Man Accused Of Cyberstalking NJ Judge Seeks Release
A man representing himself after being indicted on allegations of cyberstalking a New Jersey judge urged a California federal judge on Friday to release him from custody pending trial, complaining he was initially charged with making threats against numerous officials, but the single cyberstalking count he now faces isn't cause to hold him.
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March 15, 2024
Google Wants Facebook Pact Kept Out Of Ad Tech Discovery
Google urged a Texas federal judge on Friday to reject state-level enforcers' bid to lift a stay on discovery for documents related to a bidding agreement between Google and Facebook in the suit accusing the search giant of monopolizing key digital ad technology, saying the plaintiffs' antitrust claims based on the agreement have already been dismissed.
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March 15, 2024
FTC Inks $26M Deal With Two Cypriot Tech Scheme Cos.
The Federal Trade Commission said it has reached a $26 million settlement in D.C. federal court with two Cyprus-based companies that it accuses of defrauding elderly consumers out of tens of millions of dollars in a tech support scam.
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March 15, 2024
Meta Can't Block FTC Plans To Stop Kids' Data Monetization
Meta filed its second appeal Friday after suffering another D.C. federal court loss against proposed Federal Trade Commission tweaks to a $5 billion data privacy settlement meant to block its monetization of children's data.
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March 15, 2024
Roblox's Casino Games Are 'Preying On Children,' Suit Says
Online game platform Roblox Corp. has been hit with another proposed class action suit in California federal court accusing it and other companies of "preying on children nationwide" through an "illegal gambling ecosystem" that specifically targets minors.
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March 15, 2024
Indian National Admits $6M Elder Tech Support Scam
An Indian citizen pled guilty in New York federal court Friday to participating in a conspiracy to defraud elderly victims of more than $6 million through a telephone technical support scheme that infected their computers with malware.
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March 15, 2024
TikTok Wants 'Bad Copycat' Suit Over Editing App Tossed
TikTok and ByteDance urged an Illinois federal judge to end a proposed class action alleging they secretly collect and profit from data gathered from users of its CapCut video-editing tool, arguing the plaintiffs voluntarily downloaded the app and granted it permission to access certain types of data.
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March 15, 2024
Didi Can't Shake Investor Class Over Regulatory Disclosures
A New York federal judge has ruled that Chinese ride-hailing giant Didi Global Inc. cannot escape a class action suit claiming it misled investors about the risks of a disciplinary crackdown from the Chinese government over alleged data security violations, saying the risk disclosures Didi provided investors were insufficient.
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March 15, 2024
Cybersecurity Co. Co-Founder Must Face SEC Fraud Claims
A New York federal judge determined that the U.S. Securities and Exchange Commission has sufficiently alleged that the co-founder of a now-bankrupt cybersecurity company raked in over $6.2 million in ill-gotten gains by participating in a fraudulent securities scheme that defrauded investors of over $100 million.
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March 15, 2024
Influencer Says Ex-BigLaw Atty Can't Get Stalking Injunction
A social media influencer urged a Florida federal court on Thursday to throw out a request from former Greenberg Traurig LLP patent attorney Allan Kassenoff for an injunction against cyberstalking as the lawyer pursues a $150 million defamation suit against him.
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March 14, 2024
GM, LexisNexis Sued For Sharing Driving Data With Insurers
A Florida driver claims his insurance rate doubled because General Motors and its OnStar unit collected driving data through his Cadillac without permission and shared the information with LexisNexis Risk Solutions, which created a vague driving behavior report that insurance companies use to determine coverage, according to a putative federal class action.
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March 14, 2024
CFPB To Mull Official 'Standard Setters' In Open Banking Push
Consumer Financial Protection Bureau Director Rohit Chopra outlined plans for his agency to start offering formal accreditation for open banking "standard-setting organizations" as it prepares to finalize a landmark new rule on data-sharing between banks and fintech firms.
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March 14, 2024
Petco's $445K BIPA Deal Gets Initial OK
An Illinois federal judge granted preliminary approval Thursday to a $445,000 settlement between Petco and 445 warehouse workers who accused the pet supply chain of unlawfully capturing, storing and using their voiceprints through headsets they used to navigate work tasks.
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March 14, 2024
League Of Women Voters Sues Dem Consultant Over Biden AI
A political consultant got slapped Thursday with a League of Women Voters civil rights lawsuit in New Hampshire federal court, claiming that he commissioned a slew of robocalls impersonating President Joe Biden using a "deepfake" voice simulated by artificial intelligence.
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March 14, 2024
Domino's Hit With BIPA Suit Over AI Voiceprint Collection
Domino's Pizza customers hit the restaurant chain with a proposed class action in Illinois federal court Wednesday alleging it secretly collects voiceprints through its artificial intelligence ordering system, saying the pizza chain uses the data to enhance the technology and to boost sales.
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March 14, 2024
FCC Rolls Out Voluntary 'Cyber Trust Mark' For IoT Devices
Devices tied to the Internet of Things will soon start displaying a "U.S. Cyber Trust Mark" if participating manufacturers earn the Federal Communications Commission's approval.
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March 14, 2024
Publisher Must Face Privacy Claims Over Meta Pixel Tool
An Ohio federal judge has ruled that the publisher of The Toledo Blade and the Pittsburgh Post-Gazette can't duck a proposed privacy class action alleging that the newspapers shared the video-viewing history of their website users with Facebook's parent company, Meta Platforms Inc., without their permission.
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March 14, 2024
Judge Applauds Attys' 'Very Awesome' Use Of Google AI Bot
A California federal judge told counsel Thursday it's "very awesome" that their recently amended putative class action complaint alleging privacy violations against Google used Google's own AI tool to argue that Google Analytics illegally scoops personal data from healthcare providers' websites, but he doubted the viability of other pleadings.
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March 14, 2024
Atty Evading Warrant Fights Fingerprinting In Election Case
A Michigan attorney refusing to turn herself in after missing a hearing in a criminal case alleging that she tampered with voting machines urged a state appellate court Wednesday to halt the proceedings against her, saying the trial court's demand that she get fingerprinted violates her privacy.
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March 14, 2024
Bipartisan Senate Duo Releases 'Middle Ground' FISA Bill
A bipartisan pair of senators introduced what they deem a "compromise" bill on Thursday to reauthorize and reform the controversial warrantless foreign surveillance law ahead of the April deadline to renew it.
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March 14, 2024
Near Intelligence's Ch. 11 Plan Gets Court's Approval
A Delaware bankruptcy judge on Thursday confirmed consumer data platform Near Intelligence's Chapter 11 plan, which went through without objection after negotiations resolved outstanding concerns.
Expert Analysis
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How Legal Teams Can Prep For Life Sciences' Tech Revolution
The life sciences and health care industries are uniquely positioned to take advantage of new efficiencies created by cloud computing and generative artificial intelligence, but the sensitivity of their data also demands careful navigation of an expanding legislative and regulatory landscape, say Kristi Gedid, Zack Laplante and Lisa LaMotta at Ernst & Young.
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Key Takeaways From CFPB's Proposed Data-Sharing Rules
The Consumer Financial Protection Bureau's recently announced proposed rule for regulating personal financial data rights sheds light on the bureau's stance regarding practices like screen-scraping and may presage further activity that could involve more concrete enforcement actions, say attorneys at Wilson Sonsini.
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Transparency And Explainability Are Critical To AI Compliance
Although there is not yet a comprehensive law governing artificial intelligence, regulators have tools to hold businesses accountable, and companies need to focus on ensuring that consumers and key stakeholders understand how their AI systems operate and make decisions, say Chanley Howell and Lauren Hudon at Foley & Lardner.
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Opinion
What 5th Circ. Uncrewed Aircraft Systems Ruling Got Wrong
The Fifth Circuit’s recent ruling in National Press Photographers Association v. McGraw threatens to dilute the First Amendment rights of photographers using uncrewed aircraft systems and undermine federal control of the airspace, and is indicative of how other courts may misinterpret the Federal Aviation Administration's new fact sheet down the line, say attorneys at Wiley Rein.
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Breaking Down The SEC's 2024 Examination Priorities
The U.S. Securities and Exchange Commission’s recently released examination priorities for the year ahead signal a steady course from prior years, but they also include some specific new concerns and important twists on perennial risk areas, say Kurt Gottschall and Kit Addleman at Haynes Boone.
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Preparing Law Students For A New, AI-Assisted Legal World
As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.
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SolarWinds Ushers In New Era Of SEC Cyber Enforcement
The U.S. Securities and Exchange Commission's recent lawsuit against software company SolarWinds Corp. and its chief information security officer is the first time the SEC has ever filed suit over scienter-based fraud involving cybersecurity failures, illustrating that both companies and CISOs need to be extra cautious in how they describe their cybersecurity practices, say attorneys at Jenner & Block.
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General Counsel Need Data Literacy To Keep Up With AI
With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.
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A Look At Successful Bid Protests In FY 2023
Attorneys at Sheppard Mullin look beyond the statistics in the U.S. Government Accountability Office’s recent annual report on bid protests, sharing their insights about nine categories of sustained protests, gained from reading every fiscal year 2023 decision in which the protester had a positive result.
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AI Isn't The Wild West, So Prepare Now For Bias Risks
In addition to President Joe Biden's recent historic executive order on safe, secure and trustworthy artificial intelligence, there are existing federal and state laws prohibiting fraud, defamation and even discrimination, so companies considering using or developing AI should take steps to minimize legal and business risks, says civil rights attorney Farhana Khera.
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Navigating Discovery Of Generative AI Information
As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.
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First-Of-Its-Kind Artist AI Ruling Offers Liability Guidance
A California judge recently became the first federal judge in Andersen v. Stability AI to rule at the pleading stage on a challenge to claims that training artificial intelligence models involves mass-scale copyright infringement, providing insight into the potential legal exposure of AI-enabled products, say attorneys at Fenwick.
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Finding Focus: Strategies For Attorneys With ADHD
Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.
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AI Use May Trigger False Claims Act's Public Disclosure Bar
The likely use of publicly available artificial intelligence tools to detect government fraud by combing through large data sets will raise complex questions about a False Claims Act provision that prohibits the filing of claims based on previously disclosed information, say Nick Peterson and Spencer Brooks at Wiley Rein.
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How Cos. Can Protect Privacy In The Age Of AI
The rapidly developing landscape of generative AI and the related legal and regulatory concerns means that what is compliant today may not be tomorrow, and companies must take a pragmatic approach to compliance that anticipates future legal changes, say attorneys at Goodwin.