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Cybersecurity & Privacy
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March 07, 2024
Wash. Justices Won't Hear Unions' Wage Clawback Case
Washington's highest court has rejected three unions' request for justices to decide how private employers may respond when they erroneously overpay employees, clearing the way for a jury to hear the case contesting a healthcare system's wage clawback after its payroll system was hit by a cyberattack.
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March 07, 2024
Deputy AG Unveils DOJ Whistleblower Rewards Pilot Program
Deputy Attorney General Lisa Monaco on Thursday said the U.S. Department of Justice will soon begin a pilot program to financially reward whistleblowers who alert prosecutors to significant corporate misconduct.
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March 07, 2024
Mich. Atty Faces Arrest After Skipping Vote Tamper Hearing
A Michigan attorney accused of tampering with voting machines after the 2020 election must turn herself in by the end of the day Friday or risk being arrested after failing to show up for a hearing in her criminal case Thursday.
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March 07, 2024
Mixed Feelings On AI At Cyberinsurance Symposium
Panelists at the Professional Liability Underwriting Society's cyber symposium in New York City on Tuesday and Wednesday were both excited and scared about generative artificial intelligence, acknowledging that it may be used in more complicated cyberattacks yet curious about the possibility the new market could bring.
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March 07, 2024
New Big Tech 'Gatekeeper' Rules Go Live In Europe
Apple, Google, Microsoft and other digital "gatekeepers" faced a deadline Thursday to implement changes required by Europe's expansive new regulations aiming to rein in the power of Big Tech through rules intended to promote competition and give consumers more choice.
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March 07, 2024
FTC Extends Telemarketing Fraud Rule To Protect Businesses
The Federal Trade Commission on Thursday unveiled new initiatives to protect businesses from telemarketing fraud, a move it said will help to protect small businesses from deceptive marketers.
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March 07, 2024
Judge Doubts 'Dead-End' Google BIPA Fight Over IBM Dataset
A California federal judge said Thursday she'll likely allow limited discovery in a proposed class action alleging Google violated Illinois residents' biometric privacy rights with facial data collected by IBM Corp., but she doubted the case "has legs" given that another federal judge has thrown out similar "dead-end" litigation.
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March 07, 2024
Deals Rumor Mill: Reddit, Cisco, LeBron James-PGA Tour
Reddit's IPO could fetch a $6.5 billion valuation, European antitrust regulators are likely to approve Cisco's $28 billion acquisition of cybersecurity firm Plunk, and LeBron James is among parties interested in investing up to $3 billion combined to support the PGA Tour. Here, Law360 breaks down these and other notable deal rumors from the past week.
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March 07, 2024
Netflix, Privacy Plaintiffs Scolded For 'Entirely Deficient' Filing
An Indiana federal judge has scolded Netflix Inc. and three women for filing an "entirely deficient" summary judgment hearing agenda in a suit accusing the streaming giant of revealing the women's identities in a documentary about a fertility doctor who used his own sperm to impregnate his patients.
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March 07, 2024
DLA Piper Wins Sanctions Bid In NY Malpractice Suit
A New York federal judge has sanctioned a Chinese investment fund and its attorneys for filing a frivolous malpractice lawsuit against DLA Piper, instructing the fund and New York boutique firm Felicello Law PC to pay DLA Piper's attorney costs and its fees for the underlying litigation.
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March 07, 2024
Illinois Judge OKs $870K Deal In Database Privacy Suit
A Cook County judge said Thursday she would award preliminary approval to an $870,000 settlement between B2B platform Apollo.io and a class of Illinois residents who say the company unlawfully used their personal identifying information to advertise its paid subscriptions.
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March 07, 2024
Tarter Krinsky's Cybersecurity Co-Chair Joins Norton Rose
Tarter Krinsky & Drogin LLP's former privacy and cybersecurity co-chair is moving to Norton Rose Fulbright, bringing a former associate with her to the firm's New York office.
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March 06, 2024
Top Calif. Antitrust Atty Says Criminal Cases On The Horizon
California is poised to start prosecuting criminal antitrust cases under a Golden State law that is "broader" than federal law, a senior assistant attorney general for the California Department of Justice said Wednesday at a San Francisco conference.
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March 06, 2024
Ex-Northeastern Coach Gets 5 Years In Nude Photo Ploy
A former Northeastern University track and field coach was sentenced by a federal judge to five years in prison Wednesday for a series of schemes to trick young women into providing him with nude or semi-nude photos that he used for his own gratification and shared for clout in online forums that traded in surreptitiously-obtained images.
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March 06, 2024
Garland On AI Crime, And A Taylor Swift Tune For DOJ
U.S. Attorney General Merrick Garland on Wednesday told a group of lawyers gathered in San Francisco that the U.S. Department of Justice is ramping up its hiring of computer scientists to fight artificial intelligence-driven crime and also revealed which Taylor Swift song he thought should be the department's anthem.
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March 06, 2024
Meta Must Tackle Increased Account Hijackings, 41 AGs Say
A bipartisan group of 41 attorneys general have urged Meta Platforms Inc. to tackle the "dramatic" increase in hackers taking over Facebook and Instagram accounts, saying the attacks have caused financial harm to victims and their families and friends.
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March 06, 2024
Epic's Clash With Apple Over App Store Keeps Simmering
Epic Games said Wednesday that Apple is flouting new European rules by terminating its developer account and blocking it from launching its own iOS app store, but Apple said it made the move because of Epic's "hotfix" that sparked litigation in the U.S. several years ago.
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March 06, 2024
States Expand Privacy Law Patchwork As Shake-Up Looms
New Jersey and New Hampshire opened 2024 by passing privacy laws that take a largely familiar approach to protecting consumers' personal data, but promising proposals in Maine, Maryland and other states stemming in part from a failed federal effort signal that a new playbook may be on the way.
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March 06, 2024
Ex-Google Software Engineer Stole AI Secrets, Feds Say
A former Google software engineer was arrested Wednesday on accusations he illegally downloaded alleged trade secrets involving machine learning and taking them to startups he was involved with in China, according to the U.S. Department of Justice.
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March 06, 2024
X Gets Investors' 'Puzzling' Cybersecurity Suit Axed For Good
The social media site X, formerly known as Twitter, does not have to face shareholders' claims that they were misled and kept in the dark about the platform's cybersecurity concerns, a California federal judge ruled while scolding the shareholders for filing an "unnecessarily lengthy, puzzling and burdensome complaint."
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March 06, 2024
DC Asks Appeals Court To Undo Facebook's Privacy Suit Win
A D.C. judge "blindly" accepted Facebook's side of the story in granting the social media giant an early win in litigation brought by the D.C. attorney general in the wake of the Cambridge Analytica data harvesting scandal, the district told a D.C. appeals court.
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March 06, 2024
Rape Accuser Says Ex-Yale Student Flouted Anonymity Order
An anonymous woman facing defamation claims from a former Yale University student she accused of sexually assaulting her in 2015 has asked a Connecticut federal judge to issue a new protective order, saying her alleged attacker had "repeatedly, intentionally, and maliciously" exposed her name and cannot be trusted with confidential documents.
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March 06, 2024
North Carolina Probing RealPage Over Antitrust Issues, Too
The North Carolina Attorney General's Office is probing RealPage Inc. over concerns that its software helps property owners coordinate rent increases, adding to pressure on a company already facing private litigation and enforcement actions for allegedly violating antitrust law.
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March 05, 2024
Zimmerman Reed Rips L'Occitane Privacy 'Shakedown' Suit
Zimmerman Reed LLP has asked a California federal court to toss L'Occitane's suit claiming the firm and thousands of its clients have conspired to "weaponize" a California wiretapping law against the luxury retailer, arguing that there's no "legitimate factual basis" backing the allegations.
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March 05, 2024
'Secret Informant Love' Accused Of Divulging Classified Info
A retired U.S. Army officer arrested for allegedly divulging classified defense information on a dating website gave secret information on Russia's war against Ukraine to a woman who called him her "secret informant love," according to a newly unsealed indictment.
Expert Analysis
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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.
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Beware Privacy Risks In Training AI Models With Health Data
Because data used to train artificial intelligence models may be protected by the Health Insurance Portability and Accountability Act or other regulations, users of these models should conduct proper diligence to avoid costly compliance failures, say Neha Matta and Barbara Bennett at Frost Brown.
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White House AI Order Balances Innovation And Regulation
President Joe Biden’s recently issued executive order on artificial intelligence lays out a sprawling list of directives aimed at establishing standards for safety, security and privacy protection, and may help strike the balance between the freedom to innovate and the need to impose regulation in this rapidly evolving space, say Kristen Logan and Martin Zoltick at Rothwell Figg.
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How Biden's AI Order Stacks Up Against Calif. And G7 Activity
Evaluating the federal AI executive order alongside the California AI executive order and the G7's Hiroshima AI Code of Conduct can offer a more robust picture of key risks and concerns companies should proactively work to mitigate as they build or integrate artificial intelligence tools into their products and services, say attorneys at Jenner & Block.
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Safe-Harbor Period Change Could Hinder TCPA Compliance
A proposed rule change under consideration by the Federal Communications Commission would require businesses to honor do-not-call requests within 24 hours of receipt for calls and texts that are subject to the Telephone Consumer Protection Act, and companies have already called it unreasonable, say Aaron Weiss and Danny Enjamio at Carlton Fields.
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Cos. Must Address Growing Chatbot Class Action Risk
Following a new wave of chatbot-related consumer data privacy litigation and expanding compliance obligations created by state legislatures, businesses using such technology face a high-risk environment for wiretapping allegations, with inconsistent court rulings to date and uncertain legal holdings ahead, say attorneys at Pierce Atwood.
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Key Points From NY Regulators' Crypto Listing Update
Virtual currency entities should review the New York State Department of Financial Services' recently proposed guidance for self-certification of coins, which features heightened listing standards and a new delisting framework, and evaluate its impact on their existing practices and coin-listing procedures, say attorneys at WilmerHale.
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Attorneys, Law Schools Must Adapt To New Era Of Evidence
Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.
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Inside The Current State Of International Crypto Compliance
A recent Financial Action Task Force report regarding adoption of international virtual asset compliance standards reflects a fairly grim state of affairs, but a broader look at providers' risk mitigation efforts and developments is encouraging, say Leah Moushey and Franco Jofré at Miller & Chevalier, and Meredith Fitzpatrick at Forensic Risk Alliance.
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Knicks Suit Shows Need For Leagues To Protect Big Data
The New York Knicks' recent lawsuit alleging a former employee took trade secrets to the Toronto Raptors shows sports leagues — both professional and amateur — should prepare for future litigation in this realm, given the growth of analytics and statistics in front offices, says Kevin Paule at Hill Ward Henderson.
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5 Telecom Issues To Watch Amid FCC Broadband Proposal
The Federal Communications Commission's recent proposal to restore net neutrality rules and reassert its regulatory authority over broadband providers is likely to spark debate over certain issues, including privacy rules and questions surrounding the commission's legal authority, says Matthew DelNero at Covington.
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3 Tips For Defending Against Data Breach Litigation
As cyberattacks become more prevalent, companies responding to data breaches must consider several strategies to better position themselves in the event of litigation even during their preliminary investigations and breach notifications, say attorneys at Davis Wright.