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Cybersecurity & Privacy
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April 15, 2025
Dems Back Ex-FTC Commissioners In Firing Suit
Most of the sitting Democrats in Congress have thrown their support behind a lawsuit challenging the president's recent firing of two Federal Trade Commission members, telling a D.C. federal court the commission is meant to be an independent bipartisan agency.
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April 15, 2025
Insurer Says Law Firm's $1.5M Cyber Loss Isn't Covered
A law firm isn't owed additional coverage after hackers allegedly stole more than $1.5 million intended for an attorney who had partnered with the firm on a personal injury case, its cyber insurer said, asking a Washington federal court to dismiss the bulk of the claims.
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April 15, 2025
Public Roads, Public Data, Cos. Say Of Drivers' Privacy Claims
General Motors, OnStar and other companies facing multidistrict litigation accusing them of collecting driving data and selling it without user consent have urged a Georgia federal court to dismiss the claims, arguing that driving data is public because driving happens on public roads.
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April 15, 2025
How An Apple Exec's Attys Turned A Bribe Charge Into 'Vapor'
When jurors ruled this month that an Apple executive's promise to donate iPads to the local sheriff's department was not a bribe, it appeared to vindicate a defense strategy of calling no witnesses and painting the case as fundamentally flawed.
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April 15, 2025
Submarine Cable Rules Need To Follow NIST, Feds Told
Companies that use undersea cables should have flexibility in how they develop their individual cybersecurity plans — as long as those plans comply with the framework laid out by the government's National Institute of Standards and Technology, a trade group is telling the Federal Communications Commission.
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April 15, 2025
NJ Judicial Privacy Law Is Unconstitutional, 3rd Circ. Told
A group of data brokers told the Third Circuit that the New Jersey judicial privacy measure, Daniel's Law, is facially unconstitutional and that a federal district judge effectively "rewrote" it when he found otherwise.
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April 15, 2025
Pharma Tech Firm Hit With Class Claims Over Data Breach
Pharmacy technology company CPS Solutions LLC allegedly failed to implement "basic data security practices" like encrypting patient information before a cybercriminal got into its email system in December, according to a new proposed class action filed in Ohio federal court.
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April 14, 2025
Ransomware Payouts, Forensic Costs Falling, Law Firm Says
The measures that companies are putting in place to guard against ransomware attacks are starting to pay off, with the amount that's being doled out to contain the impact of these incidents and the cost of forensic investigations dropping last year, according to a new BakerHostetler report.
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April 14, 2025
Coinbase Wants 3rd Circ. To Look At Share Traceability Ruling
Coinbase has asked a New Jersey federal judge to let the Third Circuit immediately review the court's decision to allow an investor class action to proceed, saying it runs contrary to Fifth and Ninth circuit rulings concerning the traceability of share purchases, particularly in companies like Coinbase that went public via a so-called direct listing.
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April 14, 2025
Linking Friends No Longer Meta's Focus, Zuckerberg Says
Meta Platforms CEO Mark Zuckerberg testified Monday that the social media giant is no longer solely focused on connecting friends and family, arguing on the first day of the Federal Trade Commission's monopolization trial that the company has broader focus and faces more competition than the FTC claims.
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April 14, 2025
Apple Wants Renewed Cloud Storage Monopoly Suit Tossed
Apple has urged a California federal court to toss the latest version of a proposed class action alleging it gives its iCloud service an advantage over third-party cloud storage providers, saying it limits certain remote-backup features for security and privacy.
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April 14, 2025
Verizon Says Unlocking Rules Are Boon To Crime Rings
Verizon is asking the Federal Communications Commission to allow carriers to wait longer before unlocking customers' devices, telling the agency that device locking is one of the only effective tools for combating phone trafficking crime rings.
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April 14, 2025
Industry Seeks Tougher Laws To Fight Cable Theft, Vandalism
State and local officials should enact more effective laws to fight the growing theft and vandalism of cable infrastructure, according to a new industry report.
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April 14, 2025
4th Circ. Asked To Rethink Credit Union's Liability In Scam
A metal fabricator asked the full Fourth Circuit to rethink a panel decision finding a credit union cannot be held liable for a scammer's use of its services to swindle the fabricator out of $560,000, saying the majority should have deferred to the district court's findings about the scheme.
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April 14, 2025
DOJ Resists Airing Full ICE Pact On Taxpayer Data Sharing
The U.S. government objected Monday to releasing an unredacted copy of a tax-information-sharing agreement between the IRS and immigration enforcement agencies sought by groups seeking to block the disclosure, telling a D.C. federal court that it would reveal sensitive information and law enforcement techniques.
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April 11, 2025
Microsoft, OpenAI Want Out Of Musk's For-Profit Challenge
OpenAI and Microsoft are ready to be done with a lawsuit brought by Elon Musk accusing them of swindling the billionaire by turning OpenAI, the maker of ChatGPT, into a private entity after he and others invested in the artificial intelligence venture.
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April 11, 2025
DOJ Issues Compliance Tips for New Data Security Program
The U.S. Department of Justice published tips Friday on complying with the new national data security program — which was created under the Biden administration and took effect April 8 — to prevent China, Russia, Iran and other foreign entities from exploiting Americans' sensitive personal data through commercial transactions.
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April 11, 2025
Ireland Probes X's Use Of Public Posts To Train AI Tool Grok
Ireland's data protection authority said Friday that it is forging ahead with an investigation into whether efforts by the Elon Musk-owned social media platform X to train its artificial intelligence model Grok on personal data lifted from public posts complied with the European Union's data protection rules.
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April 11, 2025
CFPB To Pull Medical Debt Opinion, May Ax Nonbank Registry
The Consumer Financial Protection Bureau said Friday that it will scrap recent guidance aimed at reining in medical debt collectors and may close out its new national nonbank enforcement registry, extending the agency's pullback from its Biden-era policies.
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April 11, 2025
Coinbase 'Mining Pools' Scam Case Heads To Arbitration
Cryptocurrency exchange Coinbase and its subsidiary Toshi Holdings Ltd. are moving ahead with arbitration of a Virginia man's claims that he saw $50,000 drained from his Coinbase wallet by means of a "malicious smart contract" that appeared to be a liquidity mining pool.
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April 11, 2025
Tether-Backed Crypto Co. Can't Duck Swan's Trade Secrets Suit
A California federal judge has ruled that an entity backed by cryptocurrency Tether can't escape a trade secrets suit from crypto trading firm Swan Bitcoin, which claims the entity reneged on a commitment to provide financing for a bitcoin mining deal and induced Swan employees to quit and steal the firm's proprietary information.
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April 11, 2025
FTC Democrat Members Seek Quick Win In Trump Firing Suit
Recently fired Federal Trade Commission Democrat members Rebecca Kelly Slaughter and Alvaro M. Bedoya on Friday asked a D.C. federal court for an expedited summary judgment ruling in their case challenging their removals, arguing that President Donald Trump's attempted firings run afoul of decades-old precedent and the FTC Act.
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April 11, 2025
Chancery Tosses Exabeam Stockholder's Appraisal Suit
A former stockholder of cybersecurity venture Exabeam Inc. saw his suit for Court of Chancery share appraisal shot down on Friday, after a vice chancellor concluded that the suit was launched as an unsupported workaround to secure documents unavailable to him on the company's merger with LogRhythm Inc.
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April 11, 2025
Telehealth Co. Sued Over 2024 Data Breach
A company that helps healthcare providers manage after-hours patient calls was hit with a proposed class action in New York federal court Friday alleging that it failed to secure user data prior to a 2024 breach that exposed the sensitive information of nearly 1 million people.
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April 11, 2025
Alex Jones' Sandy Hook Atty Lands 7-Day Suspension Credit
Alex Jones' former lead Connecticut attorney will be suspended for only one additional week because of a prior sit-out in 2023, a state court judge has clarified, saying she hadn't considered that Norm Pattis was previously benched while he appealed his discipline for his role in transferring Sandy Hook families' confidential records to another Jones attorney.
Expert Analysis
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Series
NY Banking Brief: All The Notable Legal Updates In Q4
In 2024's final quarter, the New York State Department of Financial Services published guidance on mitigating the rising cybersecurity risks of artificial intelligence and remote technology workers with North Korean ties, and the state attorney general launched an antitrust investigation into Capital One's proposed Discover merger, say attorneys at Haynes Boone.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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Reviewing The High Court's Approach To Free Speech Online
As the U.S. Supreme Court began addressing the interplay between the First Amendment and online social media platforms, its three opinions from last term show the justices adopting a nuanced approach that recognizes that private citizens, public employees and online platforms all have First Amendment rights, say attorneys at Jenner & Block.
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Predicting What's Next For SEC By Looking At Past Dissents
While Paul Atkins' nomination to be the next chair of the U.S. Securities and Exchange Commission has taken center stage, an analysis of Republican Commissioners Hester Peirce and Mark Uyeda's past votes and dissents provides a preview of where enforcement may shift in the new administration, say attorneys at Gibson Dunn.
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Takeaways From 2024's Emerging IP Licensing Trends
Themes in intellectual property licensing from the past year – including artificial intelligence; risk management; and name, image and likeness rights – highlight key considerations for navigating an evolving landscape, say attorneys at Ballard Spahr.
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Top 10 Legal Issues This Year For Transportation Industry GCs
General counsel must carefully consider numerous legal and policy challenges facing the automotive and transportation industry in the year to come, especially while navigating new technologies, regulations and global markets, says Francesco Liberatore at Squire Patton.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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New Year, New Risks: 8 Top Cyber Issues For Finance In 2025
As financial institutions forge ahead in 2025, they must strike a delicate balance between embracing technological innovation and guarding against its darker threats, which this year could include everything from supply chain vulnerabilities to deepfakes, say attorneys at Baker Donelson.
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A Guide To Significant 2024 Data Broker Legal Developments
2024 saw notable developments in U.S. data broker regulation and enforcement, and this momentum will likely carry into 2025, despite hypothetical efforts to the contrary under the new administration, say attorneys at Frankfurt Kurnit.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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The 6 Most Significant FCRA Litigation Developments Of 2024
From a key sovereign immunity decision at the U.S. Supreme Court to a ruling on creditworthiness out of the Seventh Circuit, several important Fair Credit Reporting Act cases wound their way through the courts in 2024, each offering takeaways for both plaintiffs and defendants, say attorneys at Shipkevich.
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Identifying Deepfakes During Evidence Collection, Discovery
Excerpt from Practical Guidance
Attorneys must familiarize themselves with the tools used to create and detect deepfakes — media manipulated by artificial intelligence to convincingly mimic real people and events — as well as best practices for keeping this fabricated evidence out of court, says Bijan Ghom at Saxton & Stump.
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Health Tech Regulatory Trends To Watch In 2025
With an upcoming change in administration and the release of some long-awaited rules, the healthcare industry should prepare for shifting trends, including a growing focus on health data and interest in technology-enabled delivery of healthcare, say attorneys at Orrick.
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The Securities Litigation Trends That Will Matter Most In 2025
2025 is shaping up to be a significant year for securities litigation, as plaintiffs and defendants alike navigate shifting standards for omission theories of liability, class certification, risk disclosure claims and more, say attorneys at Willkie.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.