Cybersecurity & Privacy

  • September 27, 2022

    Newsom Signs Slew Of Abortion, Health Care Protection Bills

    California Gov. Gavin Newsom on Tuesday signed a batch of bills into law aimed at protecting patient privacy and access to health care, in the wake of the U.S. Supreme Court's ruling that overturned the federal right to abortion.

  • September 27, 2022

    Navy Engineer, Wife Again Plead Guilty To Secrets Sale Plot

    A former U.S. Navy nuclear engineer and his wife accused of trying to sell submarine secrets to a foreign country again pled guilty on Tuesday, reaching new plea deals with prosecutors after a West Virginia federal judge last month deemed their previously proposed prison terms too lenient.

  • September 27, 2022

    Virgin Media, UK Ministry Slammed For Data Access Missteps

    Britain's privacy authority has rebuked Virgin Media, the Ministry of Defense and five other government organizations for failing to promptly respond to requests from individuals to access their personal information.

  • September 27, 2022

    Australia Wants Tighter Privacy Rules After Optus Breach

    The Australian government has warned telecommunication companies of its plans to crack down on them for lax data security and update the nation's privacy protections, after a cyberattack on Optus, the country's second-largest wireless carrier, compromised the personal information of up to 10 million Australians.

  • September 27, 2022

    McDonald's Beats Korean Customers' Breach Suit For Now

    An Illinois federal judge on Tuesday tossed a proposed class action against McDonald's brought by Korean customers over a data breach.

  • September 27, 2022

    COVID-Screening Kiosk Maker Must Face BIPA Suit

    A maker of screening kiosks used by employers to comply with COVID-19 restrictions can't avoid a privacy lawsuit by seeking immunity under a federal public health emergency law that protects providers of tools used to fight diseases, an Illinois federal judge ruled Monday.

  • September 27, 2022

    Feds Seek To Keep Win Over Purported Surveillance Claims

    U.S. Customs and Border Protection urged the Ninth Circuit to deny an appeal from two immigration attorneys and a documentarian alleging the agency's surveillance program violated their privacy, saying the alleged injuries couldn't be tied to the program.

  • September 27, 2022

    SEC, CFTC Messaging Probes Net $1.8B In Big Bank Penalties

    Federal regulators said Tuesday that a slew of major Wall Street firms have agreed to pay nearly $2 billion in penalties for recordkeeping failures related to their employees' use of personal messaging apps to discuss business matters.

  • September 27, 2022

    Training Software Co. Must Face Video Data BIPA Suit

    Technology company Brainshark Inc. can't escape a sales worker's proposed class lawsuit targeting artificial intelligence the company uses on recorded presentations because her claims plausibly allege Biometric Information Privacy Act violations, an Illinois federal judge said Tuesday.

  • September 27, 2022

    FCC Pushes New Limits On Robotexts

    The Federal Communications Commission released a long-awaited proposed rule on Tuesday that would require wireless providers to block illegal robocalls, nearly a year after agency chair Jessica Rosenworcel first floated the idea.

  • September 27, 2022

    Google, Apple Say Advertiser Can't Expand Collusion Suit

    Google and Apple are urging a California federal court not to let a crane-operator training firm widen its collusion suit against the companies, saying the proposed revisions would be futile because they would not prevent Google from taking the trainer's claims to arbitration.

  • September 27, 2022

    Twins Get 52 Months For $2.1M Apple Product Fraud

    Two Miami men have been sentenced to more than four years in federal prison for participating in a scheme in which they fraudulently accessed roughly 2,366 AT&T mobile accounts to obtain $2.1 million of Apple products.

  • September 27, 2022

    DLA Piper Wants Sanctions For $180M Malpractice Suit

    DLA Piper has asked a New York federal judge to sanction a Chinese investment fund and its attorneys for filing what the firm called an "irresponsible" and "frivolous" $180 million malpractice lawsuit against it that was recently dropped.

  • September 27, 2022

    Trulieve Sent Sales Texts Without Permission, Suit Says

    Florida cannabis giant Trulieve sent unsolicited sales texts to people whose numbers were on a do-not-call registry, according to a proposed class action filed Monday in Florida federal court.

  • September 26, 2022

    Mastercard Wants To Trim $10.7M Wawa Data Breach Fee Suit

    Mastercard on Friday urged a New York federal judge to toss several claims in a lawsuit from Wawa, arguing the $10.7 million penalty that trickled down to the convenience store chain after a 2019 data breach was based on a straightforward formula — not an unlawful penalty, as Wawa alleges.

  • September 26, 2022

    BNSF Can't Ditch Vicarious Liability Theory In BIPA Trial

    An Illinois federal judge on Monday refused to exclude evidence, testimony, or arguments suggesting that BNSF Railway can be held liable under the state's biometric privacy law for actions of third parties at trial next month, saying the law's language is broad enough to encompass entities hiring someone else to obtain biometric data on its behalf.

  • September 26, 2022

    Tech Needs To Pay 'Fair Share,' FCC Republican Tells EU

    The Federal Communications Commission's senior Republican told European officials Monday that technology firms must chip in to expand high-speed networks.

  • September 26, 2022

    L'Oréal Wants To Toss Privacy Suit Over Virtual Try-On Tool

    L'Oréal USA asked an Illinois federal judge on Friday to dismiss with prejudice a proposed class action accusing it of violating Illinois' biometric privacy law with its virtual try-on technology, saying the lead plaintiff agreed to arbitrate her claims and gave informed consent before her biometrics were allegedly collected.

  • September 26, 2022

    DirecTV Wants 11th Circ. To Dash Cert. For TCPA Suit

    DirecTV fired back Friday against an appeal from a group of consumers suing the company for violating national do-not-call-list regulations, arguing against class certification because the proposed class' common complaint can be broken down into an "unmanageable variety" of legal issues.

  • September 26, 2022

    TikTok Faces Possible £27M Fine Over Child Data Breaches

    Social media giant TikTok could face a £27 million ($29 million) fine for failing to protect the data of children that use the platform, Britain's privacy watchdog said on Monday.

  • September 23, 2022

    3 Questions As Feds Flesh Out New Breach Reporting Rules

    Federal officials have a bevy of questions to answer as they fine-tune new rules that will require critical infrastructure entities to report cyber incidents, including which businesses will be covered and how they will incentivize companies to comply.

  • September 23, 2022

    Website Wiretap Ruling Fueling Lawsuit Spike, 3rd Circ. Told

    A recent Third Circuit ruling that revived claims that online user tracking violates Pennsylvania's anti-wiretapping law has spurred the filing of at least 10 similar lawsuits against major out-of-state companies such as Meta and GameStop, according to a Friday brief from a pair of companies seeking to overturn the decision.

  • September 23, 2022

    Convicted Twitter Spy Cites Whistleblower In New Trial Bid

    A former Twitter employee found guilty of secretly acting as an agent of the Saudi government should receive a new trial because the government did not disclose a whistleblower complaint by Twitter's former head of security that "undercuts" the prosecution's core theory, his attorneys argued in a California federal court filing Friday.

  • September 23, 2022

    US Agencies Need Top-Level Privacy Officials, GAO Says

    Multiple federal agencies have delegated privacy protection duties to officials already tasked with demanding responsibilities, impeding agency efforts to protect sensitive personal data, according to a new report from the Government Accountability Office. 

  • September 23, 2022

    2nd Insurer Seeks To Nix Ill. DOI Email Fraud Coverage Bid

    A second insurer for the Illinois Department of Insurance asked a federal court to toss the department's $4 million coverage bid for a phishing scheme, saying it had provided social engineering coverage and the agency could not seek additional computer fraud coverage.

Expert Analysis

  • Law Firm Inclusion Efforts Often Overlook Business Staff

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    Law firms committed to a culture of universal inclusion can take steps to foster a sense of belonging in their business services teams, says Jennifer Johnson at Calibrate Consulting.

  • How Contractors Can Avoid Cybersecurity FCA Violations

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    Recent U.S. Department of Justice settlements and remarks underscore heightened focus on cybersecurity liability under the False Claims Act, so government contractors should consider compliance measures such as conducting periodic risk assessments, being responsive to employee concerns, and more, say attorneys at WilmerHale.

  • 11th Circ. Ruling Emphasizes Article III Struggles After Spokeo

    The Eleventh Circuit's element-comparison test in Hunstein v. Preferred Collection to determine when intangible harm meets Article III standing sparked a sharp divide in the court, showing the struggle with this analysis will likely continue in the wake of the U.S. Supreme Court's Spokeo v. Robins decision, say attorneys at Hinshaw & Culbertson.

  • Precautions For New Wave Of Digital Privacy Class Actions

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    Consumer class actions attempting to expand existing laws to cover new online activities have recently targeted companies that use source code-based tools on their websites to interact with visitors — emphasizing the importance of transparency about information collection, say attorneys at Crowell & Moring.

  • The Murky Status Of TCPA Standing In The 11th Circ.

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    The Eleventh Circuit's lack of clarity regarding Telephone Consumer Protection Act standing, which it acknowledged in its recent Drazen v. Pinto decision, may be rooted in a number of cases involving different subsections of the TCPA, say Aaron Weiss and Charles Throckmorton at Carlton Fields.

  • An Associate's Guide To Rebounding After A Layoff

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    Law firm associates laid off due to economic conditions can recuperate and move forward by practicing self-care, identifying key skills to leverage during the job search, engaging in self-reflection and more, say Kate Sheikh at Major Lindsey and wellness consultant Jarrett Green.

  • AML Regulation Of Lawyers Is Imminent And Controversial

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    The U.S. House of Representatives' recently passed National Defense Authorization Act subjects lawyers engaged in certain financial-related activities to anti-money laundering regulation under the Bank Secrecy Act, which could pit lawyers against clients in ways harmful to the rule of law and administration of justice, says Jeremy Glicksman at the Nassau County District Attorney’s Office in New York.

  • Del. Ruling Highlights Challenges Of Data Breach Biz Disputes

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    The District of Delaware’s recent ruling in Doehler v. Davis provides key insight into how data breach accusations might be weaponized in high-stakes litigation between businesses, and highlights how the specter of a data breach alone is likely not enough for a plaintiff to obtain relief, say attorneys at Squire Patton.

  • EU Regulation Highlights AI Issues For Digital Health Cos.

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    As the regulation of artificial intelligence is high on the agenda for EU and U.K. policymakers and regulators, and likely imminent in the U.S., now is the time for providers in the digital health space to consider how compliance may need to change, and safeguard their position in the market, say Chris Eastham and Olivia Morgan at Fieldfisher.

  • Biden Order's New Lens Puts Foreign Transactions In Focus

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    President Joe Biden's landmark executive order on national security factors that will be considered by the Committee on Foreign Investment in the United States provides a new perspective for parties addressing questions and concerns on transactions, and reaffirms the role of CFIUS in national security, say attorneys at Simpson Thacher.

  • SEC's 'Regulation By Enforcement' Vision Coming Into Focus

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    Remarks by U.S. Securities and Exchange Commission leadership at the recent SEC Speaks conference suggest that the commission's "regulation by enforcement" strategy has important implications for market participants on many different fronts, say attorneys at Perkins Coie.

  • FTC Privacy Suit Tests Agency's Regulatory Authority

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    The Federal Trade Commission's recent lawsuit against Kochava — which the agency claims is unlawfully selling geolocation information — pits an issue of great public concern against the statutory limits of the FTC's authority and the ability of the president to authorize executive agency action, say attorneys at McDermott.

  • The Pros And Cons Of US-China Auditing Oversight Deal

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    A recent agreement between the Public Company Accounting Oversight Board and Chinese securities regulators opens the door for U.S.-listed companies audited by China-based accounting firms to continue trading on U.S. exchanges, but may also increase companies' enforcement risk, say attorneys at Morgan Lewis.

  • Key Adaptations For Law Firms Amid Quiet Quitting Movement

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    While quiet quitting may not be sustainable at law firms with billable hour requirements, there are specific steps law firms should take to maintain engagement and otherwise respond to the trend's underlying message that associates won't spend all their waking hours at work if they don't feel it's worthwhile, says Meredith Kahan at Whiteford Taylor.

  • Creating A Hybrid Work Policy? Be Intentional And Inclusive

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    The pandemic has changed expectations for the future of work forever, and as more employees demand hybrid working options, law firms must develop policies and models that are intentional, inclusive and iterative to lead the industry into the future, says Manar Morales at the Diversity & Flexibility Alliance.

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