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Cybersecurity & Privacy
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June 05, 2024
Attys Get Third Of $1.4M Webster Bank Breach Deal
A New Jersey federal judge on Wednesday granted final approval to a $1.4 million settlement, including $476,000 in fees for class counsel, in a suit from a class of account holders that sought to hold Webster Bank and its fraud detection services provider liable for a ransomware attack.
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June 05, 2024
CFPB Opens Door To Open Banking 'Standard Setters'
The Consumer Financial Protection Bureau made more progress Wednesday in its efforts to lay the groundwork for open banking in the U.S., adopting a mechanism that will allow "open" and "balanced" organizations to begin setting official, industry-wide technical standards for financial data sharing.
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June 05, 2024
$6M KeyBank Breach Settlement 'Very Good,' Ga. Judge Told
The leading class counsel in a lawsuit over alleged data breaches that occurred at several regional banks and a technology contractor urged a Georgia federal judge Wednesday to reject a last-ditch bid by one segment of the proposed class to block a "very good" $6 million settlement on the table.
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June 05, 2024
Womble Bond Adds Calif. Cyber Presence With Orrick Atty
Womble Bond Dickinson announced Wednesday that it is expanding its privacy and cybersecurity team to the West Coast with the addition of a former Orrick Herrington & Sutcliffe LLP attorney in Los Angeles.
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June 05, 2024
DLA Piper Atty, Ex-UK Official On Practicing Across The Pond
In returning to the United States after nearly two decades in London, former Serious Fraud Office official Judy Krieg says DLA Piper was the ideal place to serve clients and leverage the skills she has gained from working on both sides of the Atlantic.
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June 04, 2024
Microsoft Failing To Protect Students' Data, EU Watchdog Told
A prominent Austrian advocacy group is urging the country's data protection authority to take a closer look at how Microsoft is protecting children's personal information, arguing the tech giant is unfairly trying to "shift" its responsibility under European Union privacy law to the schools that use its educational software and is secretly tracking minors' online activities.
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June 04, 2024
Meta, Texas Strike Deal To End State's Biometric Privacy Suit
Meta Platforms Inc. and Texas' attorney general have agreed to settle the state's suit accusing the social media giant of using its facial recognition technology to illegally collect Facebook users' biometric information without their consent, the parties told a state court.
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June 04, 2024
Top 3 Groups Lobbying The FCC
The Federal Communications Commission heard from advocates nearly 200 times in May on issues ranging from cybersecurity in schools and libraries to tribal broadband funding and deployment, net neutrality rules and captioning for the hearing- and speech-disabled.
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June 04, 2024
Mondelez, BCLP Must Face Negligence Claims Over 2023 Breach
An Illinois federal judge has trimmed the majority of claims in proposed data privacy class actions brought by Mondelez workers against their employer and Bryan Cave Leighton Paisner LLP stemming from a 2023 data breach, although the company and law firm couldn't shake the cases entirely.
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June 04, 2024
Ohtani's Ex-Interpreter Cops To Stealing $17M From MLB Star
Shohei Ohtani's former interpreter pled guilty Tuesday to bank and tax fraud charges in a packed Santa Ana, California, federal courtroom, admitting he stole nearly $17 million from the MLB superstar to help pay off massive gambling debts.
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June 04, 2024
Tech-Focused Firm Raises $460M Across 2 New Funds
Technology-focused investment firm and holding company WndrCo on Tuesday announced that it secured more than $460 million in new capital across two funds, a seed and a venture fund.
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June 03, 2024
TikTok Profits Off Of Child Sex Trafficking, Utah Alleges
Utah's Division of Consumer Protection hit TikTok Inc. with a lawsuit in state court Monday, accusing the social media giant of intentionally profiting off of child sex trafficking by implementing an unregulated virtual currency system in its live-streaming feature that allows children to be sexually exploited by adult viewers.
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June 03, 2024
California Pizza Kitchen Hack Deal Is Half Baked, 9th Circ. Told
An attorney for objectors to a settlement between a class of current and former California Pizza Kitchen employees and the restaurant chain over a data breach told a Ninth Circuit panel on Monday that the district court did not properly scrutinize the deal or allegations of collusion between the parties.
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June 03, 2024
Navy Federal Lets AI Co. Monitor Calls, Suit Says
Navy Federal Credit Union has been letting an artificial intelligence software company intercept, analyze and record all its customer calls, according to a new lawsuit accusing the nation's largest credit union of putting its members' confidential, personal and financial information at risk.
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June 03, 2024
Clear Rate Faces 4 New FCC Complaints Over 'Slamming'
Michigan-based Clear Rate Communications is yet again in the Federal Communications Commission's crosshairs over allegations of "slamming," with the commission ordering the company to wipe new customers' charges for the third time this year.
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June 03, 2024
Put Net Neutrality On Ice During Court Reviews, FCC Urged
Nine industry groups are calling on the Federal Communications Commission to delay making net neutrality rules effective until the federal appeals courts have a chance to review them, and to act quickly so the groups can seek a court order if needed.
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June 03, 2024
NY 'No-Fault' Insurance Fraudster Gets 10 Years
A federal judge on Monday sentenced the ringleader of an insurance fraud scheme to the maximum term of 10 years in prison for what prosecutors say was a bribery-fueled, 14-year, $60 million scam that exploited New York's no-fault laws.
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June 03, 2024
Treasury Aims To Salvage Corp. Transparency Act At 11th Circ.
The Corporate Transparency Act is a valid exercise of congressional authority to curb money laundering under the commerce clause and the necessary and proper clause in the Constitution, the U.S. Treasury Department told the Eleventh Circuit on Monday in a bid to restore the law's reporting requirements.
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June 03, 2024
Epoch Times CFO Charged With $67M Laundering Scheme
The chief financial officer of the Epoch Times was charged with orchestrating a scheme to launder about $67 million of illicit proceeds to benefit himself and the newspaper, according to an indictment unsealed in New York federal court Monday.
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June 03, 2024
New Mexico AG Beats Meta's Bid To Toss Child Abuse Suit
Social media company Meta can't escape a lawsuit claiming sexual predators were allowed to abuse children on Facebook and Instagram, after a New Mexico state judge rejected Meta's claims for immunity under Section 230 of the Communications Decency Act.
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June 03, 2024
Google Must Face Online Tax Filer's Privacy Suit
An Illinois woman who prepared her taxes online through H&R Block and then sued Google, claiming the search engine's tracking tool effectively eavesdropped on her confidential tax information, can move forward with her proposed class action, a California federal judge ruled Monday.
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June 03, 2024
Sens. Say DOD Risks Security With Reliance On Microsoft
Lawmakers told the U.S. Department of Defense that they want information on a reported plan to require an expensive Microsoft software upgrade for department components, expressing concern the Pentagon will risk security by increasing dependence on the technology company.
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June 03, 2024
Catching Up With Delaware's Chancery Court
Delaware's Court of Chancery pushed out tons of decisions last week, along with a second round of new rules and letters of concern over pending changes to the state's corporate law code. The court's docket was as busy as ever, with new cases involving Tesla CEO Elon Musk, FTX cryptocurrency claims, and more. In case you missed it, here's the latest from Delaware's Chancery Court.
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June 01, 2024
Blockbuster Summer: 10 Big Issues Justices Still Must Decide
As the calendar flips over to June, the U.S. Supreme Court still has heaps of cases to decide on issues ranging from trademark registration rules to judicial deference and presidential immunity. Here, Law360 looks at 10 of the most important topics the court has yet to decide.
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May 31, 2024
Live Nation Confirms Data Breach Days After Consumer Suit
Live Nation confirmed in a U.S. Securities and Exchange Commission filing Friday that there was "unauthorized activity" in a third-party database and that a hacker claimed to have Ticketmaster consumer data for sale on the dark web, days after a lawsuit alleged the companies failed to secure customer data.
Expert Analysis
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Social Media Free Speech Issues Are Trending At High Court
The U.S. Supreme Court's recent decision examining what constitutes state action on social media can be viewed in conjunction with oral arguments in two other cases to indicate that the court sees a need for more clarity regarding how social media usage implicates the First Amendment, say attorneys at Kean Miller.
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Opinion
CFPB Could, And Should, Revise Open Banking Rulemaking
In light of continued global developments in open banking, the Consumer Financial Protection Bureau should evaluate whether it actually should use its proposed rule on Section 1033 of the Dodd-Frank Act to amplify personal financial data rights in the U.S., says Brian Fritzsche at the Consumer Bankers Association.
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.
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Series
Walking With My Dog Makes Me A Better Lawyer
Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.
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Key Issues Raised By Colorado's Brain Data Privacy Bill
Colorado recently became the first state to provide consumer privacy protections for data generated from a person's brain waves, and despite the bill’s ambiguity and open questions introduced, the new law has helped turn the spotlight on neurodata, says Sara Pullen Guercio at Alston & Bird.
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.
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Compliance Strategies To Mitigate 3 New Areas Of AI Risk
The era of artificial intelligence-assisted corporate crime is here, but several concrete mitigation strategies can allow companies to address the new, rapidly evolving threats posed by deepfakes, information barrier evasion and AI model manipulation, say attorneys at Debevoise.
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How Cos. Can Prep For New Calif. Privacy Regulations
The California Privacy Protection Agency has been very active in the first quarter of 2024 and continues to exercise its rulemaking authority with proposed draft regulations, so retailers should prepare for California Consumer Privacy Act enforcement and figure out how best to comply, say attorneys at Dentons.
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9th Circ. Arbitration Ruling Could Have Int'l Implications
In Patrick v. Running Warehouse, the Ninth Circuit's recent matter-of-fact invocation of an unusual California rule in a domestic arbitration context raises choice of law questions, and could make California law a strategic option for some international arbitration parties, says Jerry Roth at FedArb.
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Series
Being An Equestrian Makes Me A Better Lawyer
Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.
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Opinion
Cyber Regulators Should Rely On Existing Sources Cautiously
New incident reporting rules proposed by the Cybersecurity and Infrastructure Security Agency illustrate how the use of definitions, standards and approaches from existing sources can create a complex patchwork of regulations, demonstrating that it is essential for agencies to be clear about expectations and not create unnecessary confusion, says Megan Brown at Wiley.
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.
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Tips For Balanced Board Oversight After A Cyberincident
The U.S. Securities and Exchange Commission's cybersecurity disclosure rules, as well as recent regulatory enforcement actions bringing board governance under scrutiny, continue to push boards toward active engagement in relation to their cyber-oversight role, despite it being unclear what a board's level of involvement should be, say attorneys at Alston & Bird.
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What Cos. Are Reporting Under New SEC Cybersecurity Rule
Four months after its effective date, 14 companies have made disclosures under the U.S. Securities and Exchange Commission's mandatory cybersecurity incident reporting rule, and some early trends are emerging, including a possible rush to file, say attorneys at Debevoise.