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Cybersecurity & Privacy
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April 01, 2024
Google Agrees To Delete Data To End 'Incognito' Class Claims
Google LLC on Monday agreed to delete billions of data records that reflect certified class members' private browsing activities as part of a nonmonetary eve-of-trial settlement to resolve allegations that the tech giant surreptitiously tracks Chrome users running the browser's incognito mode.
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April 01, 2024
AT&T's Huge Data Breach Triggers Flood Of Consumer Suits
Telecom giant AT&T Inc. was hit with a wave of litigation accusing the company of failing to safeguard customers' sensitive data just days after it reported that detailed personal information from more than 70 million past and current users surfaced online.
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April 01, 2024
Women Must Arbitrate Suit Over Ex-Coach's Hidden Cam
Newly discovered texts and files on a former Temple University football coach's devices won't help three women revive or revise their lawsuits against the coach and the dog-sitting app he used to recruit them, a Pennsylvania federal judge ruled Friday.
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April 01, 2024
One Set Of Amazon Buyers Can't Cancel Later Antitrust Case
Antitrust lawsuits against Amazon.com in New York and Washington federal court will remain separate after a New York federal judge refused Friday to let online shoppers in the earlier-filed Washington case intervene in — and junk — the other proposed class action filed two years later.
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April 01, 2024
Allstate Liable For Contractors' Illegal Marketing Calls
An Illinois federal judge found that Allstate violated the Telephone Consumer Protection Act when its telemarketing subcontractor made phone calls to a man whose number was on Allstate's internal do-not-call list.
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April 01, 2024
Indicted Crypto Whiz Says Software Development Not A Crime
The founder of the Tornado Cash cryptocurrency exchange told a Manhattan federal judge that the government had wrongly charged him with scheming to launder money and dodge sanctions, saying that the only agreement he'd made with others was to build legal, open-source software.
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March 29, 2024
DC Circ. Rejects Meta's Bid To Delay FTC Privacy Tweaks
A D.C. Circuit panel on Friday refused Meta Platforms Inc.'s bid to delay the Federal Trade Commission from pursuing changes to a $5 billion privacy settlement, saying the social media giant failed to show why it's entitled to an emergency injunction while it's challenging the FTC's structure.
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March 29, 2024
SentinelOne Execs Face Derivative Suit Over Accounting Error
Cybersecurity company SentinelOne was hit with a shareholder derivative suit in California federal court Friday over a 35% stock price drop that the plaintiff claimed was the result of the company's disclosure about its internal controls and subsequent inflation of its annualized recurring revenue.
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March 29, 2024
X Corp. Still Must Face Breach Suit Over 200M Users
A California federal judge on Friday trimmed a proposed class action alleging X Corp., the former Twitter Inc., failed to protect the data of 200 million users whose information was exposed in a data breach, allowing the users to amend some allegations while permanently tossing a California Consumers Legal Remedies Act claim.
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March 29, 2024
BofA Sued After FTC Imposter Steals $2M From Accounts
A 67-year-old Florida woman has sued Bank of America over alleged negligence and violations of several federal laws, claiming in the case that was removed to federal court this week that the financial services company failed to protect her accounts as she fell victim to a sophisticated social engineering scam by a person posing as a Federal Trade Commission investigator who stole $2 million.
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March 29, 2024
4th Circ. Revives Data Breach Suit Against Medical Center
The Fourth Circuit on Friday revived a proposed class action alleging that Sandhills Medical Foundation Inc. failed to protect the personal information of patients whose data was leaked following a cyberattack, saying the health care provider is not shielded under federal immunity and that the government cannot be substituted as a defendant.
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March 29, 2024
GEO Group Brass Agree To Reforms To End Derivative Suit
Shareholders who claimed executives of private prison contractor GEO Group Inc. lied about financing deals with major banks told a Florida federal judge that the company has agreed to a host of corporate reforms to end the derivative suit, which will include the appointment of a chief compliance officer.
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March 29, 2024
Blackbaud Defeats 7 Insurers' Claims For Data Breach Costs
Complaints by seven insurers seeking reimbursement for $2.1 million in expenses paid to insureds following a ransomware attack on software company Blackbaud Inc. were torn apart by a Delaware state judge, who called the insurers' allegations "conclusory," tossing the two cases.
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March 29, 2024
FCC Looks To Stamp Out Call Routing Security Breaches
The protocols that mobile telecom operators use to talk to each other leave their customers particularly vulnerable to location tracking, according to the Federal Communications Commission, which says it's time to take a closer look at the matter.
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March 29, 2024
Up Next After Bankman-Fried Sentencing: FTX Cooperators
Now that FTX founder Sam Bankman-Fried has been sentenced to 25 years in prison for an $11 billion fraud on the collapsed crypto exchange, it's time for the three top lieutenants who testified against him at trial to face their own judgments — and experts say the cooperators are well positioned to avoid jail time.
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March 29, 2024
Dominion Wants County Sanctioned In Voting Machine Row
Dominion Voting Systems Inc. wants a Pennsylvania county to pay its legal bills over allegedly rehashed claims that its voting machines had security issues in violation of the county's contract, since a federal court had already tossed those claims.
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March 29, 2024
DraftKings Rips Former Exec's 'Lies' In Ongoing Fanatics Spat
Former DraftKings executive Michael Hermalyn lied in his opposition last week to its preliminary injunction request, just as he had during his departure to rival Fanatics and throughout a trade secrets and breach of contract suit against him, the company has told a Massachusetts federal court in defending its injunction request.
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March 29, 2024
8 States Seek $122M After Robocaller Allegedly Ignored Ban
Attorneys general from eight states urged a federal judge to modify an existing injunction barring a businessman from engaging in robocalling or telemarketing campaigns, asserting he has violated that order, should be held in contempt and must pay $122 million.
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March 28, 2024
White House Directs Agencies To Install AI Risk Safeguards
The White House on Thursday issued a new directive requiring all federal agencies to address safety and civil rights risks in their use and procurement of artificial intelligence in an array of settings, including conducting screenings at airports and making decisions affecting Americans' healthcare, employment and housing.
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March 28, 2024
Judge Doubts NBA NFT Licensors Belong In Meta Privacy Suit
The developer of non-fungible token marketplace NBA Top Shot must face a proposed class action claiming it violated state and federal laws aimed at protecting video consumers, with the National Basketball Players Association and NBA Properties Inc., which handles the NBA's merchandising and licensing, escaping the suit for now.
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March 28, 2024
Centripetal Rips Palo Alto Bid To Scrap $151.5M Patent Verdict
Centripetal Networks has urged a Virginia federal judge to reject Palo Alto Networks' request to discard a $151.5 million jury verdict against it for infringing cybersecurity patents or order a new trial, saying the evidence supports the infringement finding and the damages award.
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March 28, 2024
Oracle Exec Admitted Tech 'Scaring The Lawyers,' Judge Told
Consumers urged a California federal judge Thursday to keep alive Federal Wiretap Act and Florida common law claims in a proposed class action alleging Oracle illegally sold internet users' "electronic profiles," arguing that executive Larry Ellison admitted to the alleged misconduct by stating Oracle's new technology was "scaring the lawyers."
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March 28, 2024
Judge Rejects Amazon's Bid To 'Backpedal' In BIPA Suit
A Delaware federal judge will allow more plaintiffs to join a proposed class action accusing Amazon of violating Illinois' Biometric Information Privacy Act by collecting their voice data during calls to a financial services provider without consent, overriding the tech giant's apparent attempt to backtrack on standing concerns by instead seeking summary judgment.
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March 28, 2024
Texas Judge Lifts Discovery Stay On Google's Bidding Deals
A Texas federal judge agreed to lift a discovery stay in the Texas-led antitrust suit challenging Google's ad technology, allowing the 16 plaintiff states and Puerto Rico access to additional information about a network bidding agreement between Google and Facebook that they claim stymied competition in the digital advertising market.
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March 28, 2024
FinCEN Eyes Relaxing Bank Duties For Customer ID Numbers
The U.S. Treasury Department's anti-financial crimes unit moved Thursday to revisit a long-standing requirement for banks to collect full Social Security numbers from people at account sign-up, saying it is looking at possibly relaxing this identity verification measure amid fintech calls for more flexibility.
Expert Analysis
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EU GDPR Ruling Reiterates Relative Nature Of 'Personal Data'
The Court of Justice of the European Union recently confirmed in Gesamtverband v. Scania that vehicle identification number data can be processed under the General Data Protection Regulation, illustrating that the same dataset may be considered "personal data" for one party, but not another, which suggests a less expansive definition of the term, say lawyers at Van Bael.
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Energy Sector Takeaways From Biden's AI Executive Order
While the U.S. Department of Energy begins to establish rules in accordance with President Joe Biden's recent executive order on artificial intelligence, in-house counsel can work with business lines and executive teams to consider implementing their own AI governance process, say Joel Meister and James De Vellis at Foley & Lardner.
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How AI Executive Order Aims To Compete For Foreign Talent
Immigration provisions within the Biden administration's executive order on artificial intelligence take a strategic approach to promoting the U.S. as a destination for AI and STEM talent by streamlining visa processing, enhancing educational and exchange programs, and improving current visa programs and pathways to permanent residency, says Eric Bord at Morgan Lewis.
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Series
The Pop Culture Docket: Judge D'Emic On Moby Grape
The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.
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The Basics Of Law Firm Cyber Liability Insurance Applications
Cyber liability insurance has become a common consideration for law firms as cyber threats have escalated, but these insurance forms can be quite complicated given the nature of the industry and associated risks, so simply filling out the form won't necessarily result in an ideal policy for your firm, says Kevin Haight at WAMS.
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Series
Performing Music Makes Me A Better Lawyer
The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.
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Private Industry Is Taking The Lead On AI Governance
Although no mature body of law for artificial intelligence exists yet, businesses promoting responsible AI governance are responding in real time to real-world concerns about the risks of this emerging technology, instead of relying on regulators and lawmakers, whether driven by altruistic motivations, competitive concerns or regulatory tactics, says Chris Wlach at Huge.
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Expect CFPB Flex Over Large Nonbank Payment Cos.
A recent enforcement action and a new rule proposal from the Consumer Financial Protection Bureau indicate a growing focus on the nonbank payment ecosystem, especially larger participants, in 2024, say Felix Shipkevich and Jessica Livingston at Shipkevich.
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Breaking Down High Court's New Code Of Conduct
The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.
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AI Brings New Insurance Concerns For Healthcare Providers
As the healthcare industry increasingly invests in medical artificial intelligence tools, it confronts a variety of liability risks that necessitate careful consideration and potential recalibration of providers' insurance programs, say Marialuisa Gallozzi and Megan Mumford Myers at Covington.
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7 Critical Copyright And AI Questions Courts Need To Address
U.S. courts have yet to rule on many copyright issues regarding generative artificial intelligence technologies, so developers and users should consider several questions when evaluating risks, developing risk mitigation plans and making decisions about particular use cases, say John Delaney and Sean West at Perkins Coie.
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What New DHS Cybersecurity Policy Means For Bid Protests
The U.S. Department of Homeland Security's recently unveiled policy of factoring cybersecurity self-assessments into its overall evaluation of contractors could raise novel bid protest considerations for offerors in both the pre-award and post-award contexts, say Amy Hoang at Seyfarth and Sandeep Kathuria at L3Harris Technologies.
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Why E-Commerce Tools Are Under Fire Amid Privacy Lawsuits
As lawsuits try to shoehorn new technologies into decades-old privacy laws never intended for the digital age, e-commerce tools and the companies that use them are increasingly at risk, and retailers should act now to minimize their potential exposure, say attorneys at Benesch.
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Opinion
Metaverse Regs Pose Risks To Consumer Safety And Privacy
The U.K.'s recently passed Online Safety Act, and other pending proposals globally, could remove metaverse users' anonymity — with potentially catastrophic ramifications for virtual world activity, consumer privacy and safety, and the line between government authority and platform decision making, says attorney Donna Etemadi.
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Opinion
Legal Profession Gender Parity Requires Equal Parental Leave
To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.