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Cybersecurity & Privacy
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September 20, 2024
Houston Judge Won't Take Up Prosecutor License Issue
A Houston judge declined to take up allegations that a government prosecutor participated in a case against a Texas surgeon while her law license was suspended, denying the doctor's show cause motion in a brief order Thursday.
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September 19, 2024
Dechert Settles Aviation Exec's Hack Cover-Up RICO Claims
An airline mogul has cut a confidential deal with Dechert and two former partners of the firm to let them off the hook in his sprawling civil Racketeer Influenced and Corrupt Organizations Act lawsuit in New York federal court, the settling parties announced Thursday.
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September 19, 2024
FTC's Holyoak Offers 'Alternative Vision' For Privacy, AI Work
The Federal Trade Commission needs to rein in its work on data privacy and artificial intelligence rather than pursue sweeping actions that exceed its regulatory authority and threaten to compromise the support and funding the agency gets from Congress, according to one of its Republican commissioners.
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September 19, 2024
Roblox Can't Ax Negligence Claims In Online Gambling Case
Roblox must face claims it was negligent for failing to shield minor players from gambling through its platform after a California federal judge ruled Thursday that the plaintiffs adequately alleged it was foreseeable that the players would head to online casinos and gamble away their digital currency known as "Robux."
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September 19, 2024
Scammers Bilked At Least $230M In Bitcoin, Feds Say
Two people were arrested and charged with conspiring to steal and launder at least $230 million in bitcoin, allegedly using online monikers like "Anne Hathaway" and "VersaceGod," federal prosecutors said Thursday.
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September 19, 2024
Filing After Bar Lapse Was Honest Mistake, Prosecutor Says
A Texas surgeon facing criminal charges for giving patient data to a media outlet regarding gender-affirming care provided to minors accused the government's lead prosecutor of taking the case while she had a suspended law license, a blunder the attorney called an unintentional error on Thursday.
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September 19, 2024
Insurers Wrestle With 'Cyberwar' Policy Exclusions
The evolving cyberinsurance market could be heading for a seismic shift if more insurers scale back standard business IT breach policies to limit the impact of state-backed cyberattacks on their bottom line.
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September 19, 2024
Tech Giants Falling Far Short On Data Privacy, FTC Says
Facebook, Amazon and other major social media and video streaming platforms are deploying "woefully inadequate" data privacy practices to protect users of all ages, highlighting the urgent need for tighter restrictions on how these companies collect, use and retain personal information, the Federal Trade Commission said in a staff report issued Thursday.
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September 18, 2024
Kids' Online Safety, Privacy Bills Move To House Floor
The House Energy and Commerce Committee on Wednesday advanced a pair of bipartisan bills aimed at enhancing children's digital safety and data privacy, despite several lawmakers voicing concerns with recent changes that a sponsor acknowledged left one measure a "weakened version" of the proposal that passed the U.S. Senate.
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September 18, 2024
AI Musician Denies Purported $10M Streaming Scam
A North Carolina man facing a novel fraud case alleging he used artificial intelligence on platforms like Apple Music, Spotify and YouTube to generate around $10 million in illegal revenues denied wrongdoing at his initial court appearance Wednesday in New York.
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September 18, 2024
FBI Dismantles Chinese Botnet, Urges Victims To Seek Aid
FBI Director Christopher Wray announced Wednesday that the law enforcement agency has knocked out a botnet operated by a Chinese government-sponsored hacker group that was stealing confidential data by infecting internet-connected devices.
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September 18, 2024
Health AI Co. Says Texas AG 'Misrepresents' Compliance Deal
The Texas attorney general's Wednesday announcement of a compliance agreement with a healthcare-focused artificial intelligence company has sparked backlash from the company, which accused the state prosecutor of "dangerously" misrepresenting their agreement.
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September 18, 2024
BIPA Doesn't Conflict With Kids Safety Law, Judge Rules
An Illinois federal judge on Tuesday rejected Meta's bid to dismiss a biometric privacy class action alleging it improperly stored Messenger and Messenger Kids users' facial geometries to apply bunny-ear and other filters, finding a federal child privacy law does not preempt the suit.
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September 18, 2024
Meta Ditches Investor Suit Over Apple Ad Changes For Good
A California federal judge on Tuesday tossed an investor suit against Meta alleging the tech giant hid the financial impact of Apple's privacy changes on its business, finding the suit's allegations weren't detailed enough to avoid dismissal.
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September 18, 2024
Bipartisan Bill Would Boost Acquisition Council's Authority
A bipartisan group of House lawmakers has introduced a bill to boost a federal advisory council that makes recommendations for mitigating risks within federal supply chains, giving the council more funding and the ability to issue binding removal orders for risky technologies.
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September 18, 2024
Groups Seek To Sway FCC's Campaign Ad AI Disclosure Plan
Consumer advocates want the Federal Communications Commission to strengthen its planned rules to require broadcasters to disclose the use of artificial intelligence in political ads, while the effort continues to draw strong conservative opposition.
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September 18, 2024
Staffing Co. Ex-CEO Gets Prison Time For $6M Billing Scheme
The former CEO of a purported Georgia-based staffing company was sentenced to nearly eight years in federal prison after pleading guilty to fraud-related charges in a $6 million scheme using fake payroll invoices he sent to a financing business in Florida while pretending to be someone else.
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September 18, 2024
Ex-Gunster Client Says Firm Can't Shake Data Breach Suit
A former client urged a Florida federal court Tuesday to reject a bid from Gunster Yoakley & Stewart PA to toss a proposed class action related to a data breach in 2022.
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September 18, 2024
EDNY Prosecutor Joins Faegre Drinker
Faegre Drinker has added a prosecutor from the U.S. Attorney's Office for the Eastern District of New York to its growing white collar litigation practice.
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September 18, 2024
Data Brokers Say NJ Judicial Privacy Law Goes Too Far
A group of data brokers accused of violating the New Jersey judicial privacy measure Daniel's Law has doubled down on its argument to a federal court that the law cannot survive strict constitutional scrutiny and must be thrown out.
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September 18, 2024
Calif. Gov. Signs Suite Of Bills Combating AI Deepfakes
California Gov. Gavin Newsom on Tuesday signed five first-in-the-nation artificial intelligence-related bills giving actors more protections over their digital likenesses and reining in the use of AI-generated deepfakes during elections.
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September 18, 2024
Federal Judge Won't Abstain From Pot Payment Co. Dispute
A Nevada federal judge has declined to abstain from a dispute between a pair of investment firms over the collapse of their joint venture, saying while one company is a subsidiary of a cannabis payment processing company, the dispute can be resolved without dipping into the murky waters of cannabis's federal illegality.
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September 17, 2024
JM Smucker Says Rival Is Spreading Uncrustable Lies
A Los Angeles-based online snack retailer is smearing the image of J.M. Smucker Co.'s signature Uncrustables sandwiches through defamatory social media posts and false claims that its own products are nutritionally superior, the jam giant alleged Monday in an Ohio federal court complaint.
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September 17, 2024
AT&T To Pay $13M Fine Over Vendor's Cloud Data Breach
AT&T has agreed to pay $13 million to resolve a Federal Communications Commission investigation into a January 2023 data breach that exposed information of nearly 9 million AT&T Mobility customers.
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September 17, 2024
Putative Class Says Golf Course Co. Shanked Data Protection
An Illinois-based golf course and hospitality management company failed to adequately protect the personal information of its customers and failed to provide them with timely notice of an April data breach, according to a proposed class action filed Monday in federal court.
Expert Analysis
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Opinion
DOJ Messaging App Warnings Undermine Trust In Counsel
The U.S. Department of Justice Antitrust Division's increasingly ominous warnings to defense and in-house counsel about the consequences of not preserving ephemeral messaging and messages sent using collaboration tools could erode confidence and cooperation, says Mark Rosman at Proskauer.
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Using A Children's Book Approach In Firm Marketing Content
From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.
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Compliance Considerations For New Data Protection Law
Sam Castic at Hintze Law discusses how to determine if your organization is covered by the newly enacted Protecting Americans' Data from Foreign Adversaries Act, the scope of the law's restrictions, and how to go about compliance as its June 23 effective date approaches.
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What The FTC Report On AG Collabs Means For Cos.
The Federal Trade Commission's April report on working with state attorneys general shows collaboration can increase efficiency and consistency in how statutes are interpreted and enforced, which can minimize the likelihood of requests for inconsistent injunctive relief that can create operational problems for businesses, say attorneys at Kelley Drye.
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Crypto Mixer Laundering Case Provides Evidentiary Road Map
A Washington, D.C., federal court’s recent decision to allow expert testimony on blockchain analysis software in a bitcoin mixer money laundering case — which ultimately ended in conviction — establishes a precedent for the admissibility of similar software-derived evidence, say Peter Hardy and Kelly Lenahan-Pfahlert at Ballard Spahr.
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Series
Being An EMT Makes Me A Better Lawyer
While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.
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The Opportunities, Risks And Rewards Of AI Acquisitions
As artificial intelligence acquisitions become an increasing area of focus for investors and technology buyers, entities should pay special attention to target identification, due diligence and more when structuring and executing a transaction with a company that has an AI-centric business model, say attorneys at Foley & Lardner.
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Legal Issues To Watch As Deepfake Voices Proliferate
With increasingly sophisticated and accessible voice-cloning technology raising social, ethical and legal questions, particularly in the entertainment industry and politics, further legislative intervention and court proceedings seem very likely, say Shruti Chopra and Paul Joseph at Linklaters.
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AI And Trade Controls: A Guide To Expanding Restrictions
With restrictions on trade related to commodities, software and technology integral to high-performing artificial intelligence capabilities expected to expand — particularly between the U.S. and China — companies must carefully consider the export classification of the items they design, produce or procure, say attorneys at Hogan Lovells.
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Car Apps, Abuse Survivor Safety And The FCC: Key Questions
A recent request for comment from the Federal Communications Commission, concerning how to protect the privacy of domestic violence survivors who use connected car services, raises key questions, including whether the FCC has the legal authority to limit access to a vehicle's connected features to survivors only, say attorneys at Davis Wright.
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Opinion
'Natural Person' Or Not, AI-Made IP Deserves Protection
The entire legal edifice rests on a determination that an artificial system is not a so-called natural person, and although this may appear to be straightforward on its face, rapid advances in technology may soon force us to revisit our understanding of a natural person, says Manav Das at McDonnell Boehnen.
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Lessons On Challenging Class Plaintiffs' Expert Testimony
In class actions seeking damages, plaintiffs are increasingly using expert opinions to establish predominance, but several recent rulings from California federal courts shed light on how defendants can respond, say Jennifer Romano and Raija Horstman at Crowell & Moring.
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Exploring An Alternative Model Of Litigation Finance
A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.
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A GC's Guide To Multijurisdictional Regulatory Compliance
Overlapping cybersecurity regulation has created an increasingly fragmented regulatory landscape with elevated oversight for organizations across the globe, but general counsel can help develop a best-in-class approach to manage these complexities by building a compliance strategy holistically, say David Dunn and Meredith Griffanti at FTI Consulting.
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Series
Teaching Yoga Makes Me A Better Lawyer
Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.