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Cybersecurity & Privacy
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May 09, 2024
Avid Can't Escape Spoofing Suit From 48 States, Judge Says
A suit from nearly 50 states accusing Avid Telecom of allowing billions of illegal robocalls can proceed to discovery after an Arizona federal judge ruled Wednesday that more fact-finding would be needed to determine whether the company should be considered a common carrier.
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May 09, 2024
DOJ Task Force To Target Healthcare Monopoly, Collusion
The U.S. Department of Justice's Antitrust Division sharpened its focus Thursday on healthcare platforms that combine doctors with insurers, data and more in what the administration's top competition official called the "alarming" accumulation of assets.
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May 09, 2024
AT&T Appeals $57M Fine For Selling Customer Location Data
AT&T is appealing a $57 million fine from the Federal Communications Commission on allegations it failed to protect customer location data, calling the agency order an "abuse of discretion."
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May 09, 2024
Buchanan Ingersoll Adds Marine Corps Cyber Pro As Counsel
A U.S. Marine Corps veteran and cybersecurity expert with more than 25 years of legal experience has come aboard Buchanan Ingersoll & Rooney PC's data privacy practice group as a counsel.
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May 08, 2024
AI Art Cos. Fight Uphill To Toss Artists' Copyright Suit
Attorneys for four companies that make or distribute software that creates images with text prompts urged a California federal judge Wednesday to rethink his tentative opinion to allow some claims by a proposed class of artists to move forward, with one warning it could lead to hundreds of thousands of similar suits.
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May 08, 2024
AGs Blast Federal Data Privacy Law's Proposed State Override
California joined attorneys general from more than a dozen other states and Washington, D.C., on Wednesday to urge Congress to ensure that proposed federal data privacy legislation sets a "floor, not a ceiling" that would preserve more stringent protections states have enacted and allow them to add new laws to address rapid technological developments.
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May 08, 2024
Tribes And Groups Urge 9th Circ. To Uphold TikTok Ban Pause
Free speech and internet advocacy groups, as well a Native American nonprofit and two tribes, are urging the Ninth Circuit to uphold a lower court's decision that blocks Montana from banning social app TikTok, arguing that First Amendment protections include such media platforms.
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May 08, 2024
Biden Signs Law To Protect Children From Online Exploitation
President Joe Biden has signed into law a bipartisan bill aimed at curbing online child sex exploitation by strengthening requirements for social media companies and other service providers to report abuse to the nation's centralized reporting system.
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May 08, 2024
Pa. Panel Scrutinizes Missteps In 2020 Election Machine Fracas
The Pennsylvania Commonwealth Court on Wednesday brought up apparent missteps by both sides of a fight stemming from third-party inspections of a conservative county's voting machines, started by the county commissioners falling in with the hunt for fraud in the 2020 election and the state pushing back.
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May 08, 2024
Bill To Undo SEC Crypto Accounting Bulletin Passes House
Lawmakers in the U.S. House of Representatives on Wednesday voted to overturn the U.S. Securities and Exchange Commission's controversial cryptocurrency accounting guidance despite protests from Democrats to take a more targeted approach to amend the directive and a White House pledge to veto the bill.
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May 08, 2024
Madison Square Garden Escapes Federal Suit Over Facial ID
A proposed class action challenging Madison Square Garden's use of facial recognition to ban attorneys from its properties was dismissed Wednesday, with a New York federal judge ruling that contracting with the third-party provider of the software did not break the law.
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May 08, 2024
9th Circ. Says Calif. Can Give Gun Buyer Info To Researchers
The Ninth Circuit on Wednesday declined to revive a constitutional challenge to a California law requiring the state to provide biographical information about firearm purchasers and those with carry-conceal permits to accredited research institutions studying gun violence, saying the information at issue isn't highly personal and doesn't implicate the right to privacy.
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May 08, 2024
Robins Kaplan File Flub Bad Look For Both Sides, Panel Says
A Manhattan appeals panel expressed concern Wednesday that Robins Kaplan LLP had poked through an opposing party's Dropbox database that was accidentally shared in investor litigation, while also criticizing the other side for failing to catch the error.
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May 08, 2024
Coldwell Banker's Lockboxes Draw BIPA Suit
Coldwell Banker has been sued in Illinois state court by a proposed class of employees who claim it violated Illinois' biometric privacy law by failing to get their informed consent before requiring them to scan their fingerprints to access biometric lockboxes that store keys for rental units shown to potential customers.
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May 08, 2024
NAR Magazine Subscribers Drop Data-Selling Claims
A proposed class has mediated and permanently dismissed claims in Michigan federal court accusing the National Association of Realtors of illegally selling, exchanging and renting the personal data of subscribers to the NAR's Realtor magazine.
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May 08, 2024
Japanese Crypto Exchange Coincheck Eyes US Listing In '24
Simpson Thacher-led Japanese cryptocurrency exchange Coincheck Group BV plans to complete a long-awaited merger with a special-purpose acquisition company by the year's second or third quarter, a combination that would make it the second U.S.-listed crypto venue.
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May 08, 2024
Boston Man Says He Was Chinese Activist, Not Gov't Spy
A Massachusetts resident denied charges of acting as a Chinese government agent by allegedly reporting pro-democracy activity in the Boston area, arguing that he is merely a local community activist whose political beliefs happen to align with those of the People's Republic of China.
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May 08, 2024
Mintz Lands Manatt's Boston Office Founder, 2 Other Attys
Mintz Levin Cohn Ferris Glovsky and Popeo PC announced Wednesday that it has added two new members to its Boston office for its data and privacy litigation and investigations practice.
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May 07, 2024
Google Founder And CEO Eyed In Texas Deposition Push
Texas and allied states have pressed a Texas federal judge not to release Google co-founder Sergey Brin and CEO Sundar Pichai from sitting for depositions in a suit alleging the tech company illegally dominated the online advertising market.
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May 07, 2024
DOJ's 'Dr. Doom' Sees AI's Crime-Fighting Abilities, And Risks
The U.S. Department of Justice is using artificial intelligence to bolster its investigations, including into the Jan. 6 attack on the U.S. Capitol, said U.S. Deputy Attorney General Lisa Monaco on Tuesday at a cybersecurity conference at which she dove into the beneficial uses of AI alongside its threats to security and democracy.
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May 07, 2024
MultiPlan, Insurance Cos. Accused Of Algorithmic Collusion
A medical provider has lodged a proposed class action in Illinois federal court accusing MultiPlan and major insurance companies, including UnitedHealth, Aetna, Kaiser Permanente and Cigna, of using pricing tools to systematically underpay out-of-network providers.
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May 07, 2024
Venable Trade Co-Chair Shares Hot Takes On US Steel-Nippon
Back in December, Venable LLP partner Ashley Craig, co-chair of the firm's international trade group, spoke with Law360 just after U.S. Steel disclosed its agreement to be sold to Nippon Steel. Now, he shares his thoughts on the latest developments, including the White House coming out forcefully against the deal and the U.S. Department of Justice launching a probe into it.
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May 07, 2024
Florida Judge Delays Trump's Classified Docs Trial Indefinitely
The Florida judge overseeing the criminal case that accuses former President Donald Trump of holding onto classified documents upon leaving office extended indefinitely the planned May 20 start of the trial, citing "myriad and interconnected pretrial" issues regarding the Classified Information Procedures Act, according to a federal court order filed on Tuesday.
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May 07, 2024
NTIA To Dole Out $420M For Open RAN Development
The National Telecommunications and Information Administration is putting another $420 million toward the radio equipment needed to develop open radio access networks, which many have pointed to as the solution for pivoting away from Chinese-made technology due to security concerns.
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May 07, 2024
6th Circ. Considers Rebooting Crypto Reporting Challenge
Sixth Circuit judges seemed unsure of whether a group of cryptocurrency users can challenge a pending mandate to report large crypto transactions, as the judges grappled Tuesday with whether the plaintiffs have shown they are harmed by the forthcoming rule and whether the challenge is premature.
Expert Analysis
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Innodata Suit Highlights 'AI Washing' Liability Risk For Cos.
A class action against software company Innodata over so-called AI washing, one of the first of its kind, underscores the litigation and enforcement risks that can arise from the U.S. Securities and Exchange Commission's novel theory about misleading artificial intelligence capabilities, say attorneys at Bracewell.
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For Now, Generative AI Is Risky For Class Action Counsel
Although a recent survey showed most in-house counsel think that their outside counsel should be using generative artificial intelligence "in some way" in class action work, the technology is more a target for class actions than it is a tool to be used in practice at present, says Matthew Allen at Carlton Fields.
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Steps To Reduce CIPA Litigation Risks For Companies
As class action claims brought under the California Invasion of Privacy Act continue to advance new theories under an old law to target companies for commonplace website and app activities, there are steps that organizations can take to reduce exposure and strengthen their defenses against such lawsuits, say attorneys at Hintze Law.
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Banks Should Continue To Prep For CFPB Data Rule Rollout
Consumer Financial Protection Bureau-supervised banks should not expect industry pressure to delay the rollout of proposed Section 1033 open banking rules, which regulate how consumer financial information flows between financial institutions, and prepare their required data access portals and compliance procedures now, say attorneys at Troutman Pepper.
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Tips For Orgs Facing AI Data Privacy Compliance Challenges
Regulators around the world are actively seeking to enforce data privacy and consumer protection laws against companies providing artificial intelligence-related services, raising complex compliance questions in areas like transparency, data minimization, lawfulness of processing, data subject rights and higher risk activities, say attorneys at Hogan Lovells.
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BIPA's Statutory Exemptions Post-Healthcare Ruling
The Illinois Supreme Court's November opinion in Mosby v. Ingalls Memorial Hospital, which held that the Biometric Information Privacy Act's healthcare exemption also applies when information is collected from healthcare workers, is a major win for healthcare defendants that resolves an important question of statutory interpretation, say attorneys at Quinn Emanuel.
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Enforcement Risk Amid Increased Consumer Data Use
While no state has introduced a private right of action for noncompliance with a comprehensive consumer privacy law — except for the California Consumer Privacy Act's data breach provision — organizations and retailers face risk from enforcement actions by state attorneys general and privacy regulators, say attorneys at Dentons.
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Business Litigators Have A Source Of Untapped Fulfillment
As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.
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Opinion
The Problems In Calif. Draft Behavioral Ad Privacy Regs
The California Privacy Protection Agency has an opportunity with its automated decision-making technology and profiling rulemaking to harmonize California's regulation of data-driven advertising, but this will be a failure unless several things are changed in its proposed treatment of behavioral advertising, say Alan Friel and Kyle Fath at Squire Patton.
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Series
Skiing Makes Me A Better Lawyer
A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.
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How Breach Reporting Is Changing For Financial Institutions
In May, the Federal Trade Commission's amended Safeguards Rule will extend the data protections that apply to information held by banks to information held by nonbanking financial institutions — and sweep even more broadly in some critical aspects, say Evan Yahng and Kurt Hunt at Dinsmore.
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High Court Social Media Speech Ruling Could Implicate AI
In Moody v. NetChoice and NetChoice v. Paxton, the U.S. Supreme Court is considering whether certain state laws can restrict content moderation by social media platforms, but the eventual decision could also provide insight into whether the first amendment protects artificial intelligence speech, say Joseph Meadows and Quyen Dang at GRSM50.
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Assessing Chinese Cross-Border Data Transfers
Jet Deng and Ken Dai at Dacheng unpack the regulatory framework for cross-border data transfers in China, detailing the major systems at play, last year's policy adjustments, and an outlook and practice tips for businesses.
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Think Like A Lawyer: Forget Everything You Know About IRAC
The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.
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The Corporate Transparency Act Isn't Dead Yet
After an Alabama federal court's ruling last week rendering the Corporate Transparency Act unconstitutional, changes to the law may ultimately be required, but ongoing compliance is still the best course of action for most, says George Singer at Holland & Hart.