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Cybersecurity & Privacy
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April 30, 2024
Berry Dunn McNeil Sued Over Breach Affecting 1M Clients
Maine-based accounting firm Berry Dunn McNeil & Parker LLC faces a proposed class action Tuesday in federal court alleging it failed to adequately protect its clients' personally identifiable information that was compromised during a data breach last year which affected over a million people.
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April 30, 2024
FTC To Help FCC Enforce 'Net Neutrality' Rules
The Federal Communications Commission has called on a sister agency, the Federal Trade Commission, to cooperate on enforcing the FCC's restored "net neutrality" rules to require the free flow of network traffic.
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April 30, 2024
Patients Sue NC Plasma Donation Co. Over Data Breach
A plasma collection company has been hit in North Carolina federal court with at least two proposed class actions as of Monday claiming it failed to safeguard patient data, resulting in a breach in which names, Social Security numbers, addresses and treatment information were allegedly exposed by hackers.
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April 30, 2024
Crypto Exec Denies $2B Laundering Charges, Is Out On Bail
The CEO of crypto mixer Samourai Wallet has pled not guilty to charges he helped facilitate over $2 billion in illegal transactions and was released on $1 million bail after surrendering to federal authorities voluntarily.
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April 30, 2024
Conn. Mortgage Co. Settles Data Breach Claims
A mortgage company settled a consolidated data breach class action that accused the company in Connecticut federal court of being liable for a November 2023 data breach that compromised its customers' personal information.
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April 30, 2024
Ex-DraftKings Exec Blocked From US Role At Rival Fanatics
A Boston federal judge Tuesday blocked a former DraftKings executive from doing the same line of work for rival Fanatics in the U.S., citing his "evasive" testimony about his decampment to Fanatics.
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April 30, 2024
Conn. Firm Settles Copyright Feuds Over Website Photos
The Connecticut consumer law firm Lemberg Law LLC and its managing attorney have agreed to settle two suits tied to a multistate copyright battle with a stock photo provider that arose in 2020 after the firm was accused of using images on its website without permission, and then countered that it was the victim of an extortion attempt.
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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.
Expert Analysis
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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.
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How Consumer Product Cos. Can Keep Up With Class Actions
Recent cases show California's federal courts and the Ninth Circuit remain the preferred arena for consumers pursuing false advertising and trade deception claims against companies — so manufacturers, distributors and retailers of consumer products should continue to watch these courts for guidance on how to fight class actions, say attorneys at Dechert.
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Series
Competing In Triathlons Makes Me A Better Lawyer
While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.
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What's In NY's Draft Guidance On AI Use In Insurance
Last week, the New York State Department of Financial Services released proposed guidance for insurers on the use of artificial intelligence systems and external consumer data and information sources for underwriting and pricing purposes, and these standards will likely help form the basis of an eventual nationwide insurance regulatory framework on AI, say attorneys at Sullivan & Cromwell.
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Mitigating Compliance And Litigation Risks Of Evolving Tech
Amid artificial intelligence and other technological advances, companies must prepare for the associated risks, including a growing suite of privacy regulations, enterprising class action theories and consumer protection challenges, and proliferating disclosure obligations, say attorneys at Eversheds Sutherland.
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Where Justices Stand On Chevron Doctrine Post-Argument
Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.
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Perspectives
6 Practice Pointers For Pro Bono Immigration Practice
An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.
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ECJ Ruling Triggers Reconsiderations Of Using AI In Hiring
A recent European Court of Justice ruling, clarifying that the General Data Protection Regulation could apply to decisions made by artificial intelligence, serves as a warning to employers, as the use of AI in recruitment may lead to more discrimination claims, say Dino Wilkinson and James Major at Clyde & Co.
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Lessons From Country Singer's Personal Service Saga
Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.
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New Tech, Old Tricks: How GCs Can Fight White Collar Crime
As emerging technologies like artificial intelligence and cryptocurrency provide bad actors with new avenues to commit classic crimes, general counsel should develop a strategy to future-proof their organizations against such threats and prepare for regulatory scrutiny, say directors at FTI Consulting.
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5 AI Risks For Corporate Boards To Examine
Whether companies are building their own artificial intelligence technology or leveraging third-party tools, their directors should get educated on certain legal issues and business risks to ensure the adoption of policies that foster responsible use of generative AI, say James Gatto and Tiana Garbett at Sheppard Mullin.
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How Data Privacy Law Cases Are Evolving In UK, EU And US
To see where the law is heading in 2024, it is worth looking at privacy litigation and enforcement trends from last year, where we saw a focus on General Data Protection Regulation regulatory enforcement actions in the U.K. and EU, and class actions brought by private plaintiffs in the U.S., say lawyers at Morgan Lewis.
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Companies Should Beware Greater Scrutiny Of Subscriptions
The New York Attorney General's Office has been utilizing a severe interpretation of the law in enforcement against subscription services, as demonstrated in last month's Sirius XM complaint and Cerebral settlement — and this focus is representative of heightened subscription scrutiny in other states and at the federal level, say attorneys at Venable.