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Cybersecurity & Privacy
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September 10, 2024
Atlanta Consultant Didn't Deal With Cyber Hackers, Suit Says
An Atlanta-based insurance industry consulting firm failed to negotiate with hackers and didn't pay a ransom to protect user data after its network was compromised, despite promises to keep customer information safe, according to a proposed class action filed Tuesday.
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September 10, 2024
Cybersecurity Pro Jumps From Hogan Lovells To Goodwin
A former partner from Hogan Lovells's privacy and cybersecurity practice has joined Goodwin Procter LLP's data, privacy and cybersecurity group as a partner in New York City, the firm said Tuesday.
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September 10, 2024
UK Watchdogs Link Up To Tackle Cybersecurity Enforcement
The U.K.'s data protection watchdog said Tuesday that it has signed a new cooperation agreement with the country's top criminal investigator to help tackle cybercrime in the U.K.
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September 10, 2024
Cybersecurity Co. Beats Suit Over Med Tech Data Breach
A Massachusetts federal judge declined to hold information security technology company Barracuda Networks Inc. liable over a 2018 data breach that exposed the confidential information of more than 277,000 patients of medical device maker Zoll Medical Corp.
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September 10, 2024
Nelson Mullins Adds Baker Donelson Health Pro In Houston
Nelson Mullins Riley & Scarborough LLP has continued expanding a Houston shop that opened months ago by bringing on a healthcare attorney from Baker Donelson Bearman Caldwell & Berkowitz PC whose wide-ranging practice has included representing hospitals and other providers on cybersecurity and related issues.
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September 10, 2024
Philips Balks At Dentons' Request To Exit IP Case
Dutch health technology conglomerate Philips Medical Systems Nederland BV is balking at Dentons US LLP's request to withdraw as counsel for Transtate Equipment Co. Inc. in a wide-ranging copyright and unfair competition case, insinuating that the move is a stalling tactic to avoid a final judgment.
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September 10, 2024
EU Antritrust Chief Resists Softer Telecom Merger Rules
The European Union's outgoing competition chief pushed back at a pitch to loosen the bloc's competition rules Tuesday, saying that merger control rules for telecom markets must continue to look at competition at the national level rather than enlarging the examination to the entire 27-country bloc.
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September 10, 2024
Kennedys Opens New Offices In LA, Seattle Amid US Growth
Kennedys Law LLP said Tuesday it has opened new offices in Los Angeles and Seattle as the firm looks to build on its accelerating U.S. growth.
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September 17, 2024
Cooley Hires Team For Emerging Companies And VC Practice
Cooley LLP said Tuesday that it has recruited the head of Taylor Wessing LLP's emerging companies and venture capital practice, one of three partner hires as it seeks to boost its transactional ability in London, part of a broader plan for growth in the English capital.
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September 09, 2024
Cybersecurity Co. Founders To Pay $1.6M In SEC Fraud Suit
The co-founders of a now-bankrupt cybersecurity firm have agreed to pay nearly $1.6 million to end the U.S. Securities and Exchange Commission's claims that they used doctored financial records to convince investors to fund their company to the tune of $100 million.
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September 09, 2024
Yodlee Privacy Class Cert. Bid Faces Uphill Climb
A California federal judge on Monday said she is "inclined" to find that three consumers claiming Yodlee Inc. unlawfully collected their banking data did not have standing to pursue claims or represent proposed classes alleging their transaction information was sold, even though the idea of the stored data is "creepy."
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September 09, 2024
Judge Again Says Yearbook Site Can't Force Arbitration
A Washington federal judge has said the company behind Classmates.com can't force a privacy rights suit into arbitration, in a ruling that determined the plaintiff's attorney opted out of a terms-of-service provision.
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September 09, 2024
The Atlantic Must Face Writer's Trimmed Defamation Suit
A D.C. federal judge on Monday trimmed some claims from a freelance writer's suit alleging The Atlantic tarnished her professional reputation by retracting an investigative article she wrote about the Ivy League admissions process, but kept the bulk of the writer's defamation case alive.
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September 09, 2024
Dental Co. Can't Polish Off Suit Over Tracking-Pixel Use
An Illinois federal judge pared down a proposed class action Monday alleging Aspen Dental Management used tracking pixels and other technology on its website to collect protected health information from customers searching online for dental care and transmit it to third parties like Facebook and Google.
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September 09, 2024
House OKs Bill To Bar Contracts With Chinese Biotech Cos.
Driven by concerns about U.S. genetic data being shared with the Chinese government, House lawmakers passed a bill on Monday to bar federal agencies from buying certain biotechnology linked to the Chinese government or from contracting with firms that use those products.
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September 09, 2024
AIG Unit Sees Recovery Funds Dispute With RealPage Pared
A federal judge trimmed a lawsuit an AIG unit filed seeking to recover over $1 million it paid to property management software company RealPage after a phishing attack, rejecting both the insurer's stance that the covered fees fell under a recovery provision and RealPage's accusations of Texas Insurance Code violations.
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September 09, 2024
Ally Bank Hit With Negligence Suit Over Data Breach
Ally Bank faces a proposed class action filed Saturday in North Carolina federal court by a customer who said its negligence and failure to implement basic data security practices led to the leaking of customers' sensitive information onto the dark web following a data breach earlier this year.
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September 06, 2024
DC Circ. Considers Age Of Ex-Trump Aide's Surveillance Claims
Even after more than an hour of argument, the D.C. Circuit didn't seem convinced Friday that ex-Trump 2016 campaign adviser Carter Page timely accused the Justice Department, the FBI and several individuals of various violations tied to their surveillance of him as they probed Russian election interference.
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September 06, 2024
Abortion Provider Says Activist Group Intercepted Patient Info
A Massachusetts reproductive health clinic says an anti-abortion group operating a "pregnancy resource center" next door is secretly intercepting messages from patients trying to schedule treatment, then taking steps to cancel appointments or divert the patients to its own offices.
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September 06, 2024
Calif. Takes AI Reins With Looming Safety, Transparency Laws
A pair of groundbreaking legislative proposals aimed at ensuring the safe and transparent deployment of artificial intelligence systems are headed to the California governor's desk, raising questions about whether lawmakers are taking the right approach to regulating the emerging technology and how the state's privacy regulator will respond.
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September 06, 2024
NJ Medical Co. Claims Ex-Employees Conspired To Form Rival
A New Jersey medical communications agency said Friday that four of its former employees and the onetime U.S. president of biopharmaceutical company PharmaEssentia used its confidential information in a scheme to form a rival firm and steal millions of dollars of work from it.
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September 06, 2024
$111M Tax Fraud Scheme's Ringleader Sentenced To 14 Years
The leader of a scheme to steal the identities of taxpayers and pose as their accountants to commit $111 million in tax fraud was sentenced Friday to more than 14 years in prison by a Texas federal judge, according to the U.S. Department of Justice.
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September 06, 2024
Software Co. Targets Validity Of Data Tracker Patents
A software company pressed a North Carolina federal court to throw out a rival's patent infringement claims concerning software that allows businesses to track a website user's browsing without third-party cookies, arguing the patents are invalid.
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September 05, 2024
GitLab's AI Hype Was Too Optimistic, Investor Suit Says
Software development collaboration platform GitLab is the latest company to face claims that it misguided investors about how artificial intelligence might bolster its fortunes as it faced other headwinds, including mounting costs for a China-based joint venture, that caused its share price to sink.
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September 05, 2024
Judge Orders Jury Trial Over Arbitration Bid In TCPA Fight
An Ohio federal judge declined to rule on whether a proposed Telephone Consumer Protection Act class action against a Maryland-based healthcare company should go to arbitration, ordering that a jury should decide whether the plaintiff had an applicable arbitration agreement.
Expert Analysis
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Lead Like 'Ted Lasso' By Embracing Cognitive Diversity
The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.
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3 Areas Of Enforcement Risk Facing The EV Industry
Companies in the EV manufacturing ecosystem are experiencing a boom in business, but with this boom comes increased regulatory and enforcement risks, from the corruption issues that have historically pervaded the extractive sector to newer risks posed by artificial intelligence, say attorneys at MoFo.
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Nat'l Security Considerations For Telecom Products Counsel
An increase in federal national security measures in the telecommunications space, particularly from the Federal Communications Commission, means that products counsel need to broaden their considerations as they advise on new products and services, says Laura Stefani at Venable.
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Preparing For Increased Scrutiny Of Tech Supply Chains
The U.S. Department of Commerce's recent action prohibiting sales of a Russia-based technology company's products in the U.S. is the first determination under the information technology supply chain rule, and signals plans to increase enforcement of protections that target companies in designated foreign adversary jurisdictions, say attorneys at Debevoise.
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5 Steps To Protect Your Business From Spoofed Email Fraud
In today's digital landscape, spoofed email fraud poses a significant threat to businesses, so specifying clear payment instructions and implementing robust verification protocols, among other steps, can significantly reduce the risk of falling victim to email fraud, says Bill Wagner at Taft.
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Cyber Incident Response Checklist For SEC Compliance
In light of recent guidance from the U.S. Securities and Exchange Commission, which clarified the distinction between two types of cybersecurity incident disclosures, companies should align their materiality assessment, incident response and disclosure control processes to bolster compliance and provide a measure of protection, say attorneys at Troutman Pepper.
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Playing The Odds: Probing Sports Betting Allegations
With gambling-related controversies becoming a mainstay of the athletics landscape, it's essential for in-house and outside counsel to stay abreast of best practices for conducting sports betting investigations, say attorneys at Steptoe.
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Opinion
Now More Than Ever, Lawyers Must Exhibit Professionalism
As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.
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How Tech Trackers May Implicate HIPAA After Hospital Ruling
A recent Texas federal court order in American Hospital Association v. Becerra adds a legal protection on key data, clarifying when tracking technologies implicate the Health Insurance Portability and Accountability Act, so organizations should ensure all technology used is known and accounted for, say John Howard and Myriah Jaworski at Clark Hill.
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Series
Serving In The National Guard Makes Me A Better Lawyer
My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.
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A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.
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Mitigating Risks Amid 10-Year Sanctions Enforcement Window
In response to recent legislation, which doubles the statute of limitations for actions related to certain U.S. sanctions and provides regulators greater opportunity to investigate possible violations, companies should take specific steps to account for the increased civil and criminal enforcement risk, say attorneys at Freshfields.
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M&A In The AI Era: Key Deal Terms To Watch
As the artificial intelligence market matures, so will due diligence needs, as M&A deals aimed at consolidation and new synergies raise unique legal and regulatory challenges, including potential antitrust and national security reviews, say attorneys at Skadden.
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Opinion
States Should Loosen Law Firm Ownership Restrictions
Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.
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Navigating The Extent Of SEC Cybersecurity Breach Authority
The U.S. Securities and Exchange Commission's broad reading of its authority under Section 13(b)(2)(B) of the Securities Exchange Act in the R.R. Donnelley and SolarWinds actions has ramifications for companies dealing with cybersecurity breaches, but it remains to be seen whether the commission's use of the provision will withstand judicial scrutiny, say attorneys at Sullivan & Cromwell.