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Cybersecurity & Privacy
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November 01, 2024
Amazon Denies Alexa Spying Claims, Seeking Class Suit Win
Amazon is trying to stamp out a proposed class action in Washington federal court brought by Alexa users who claim the device surreptitiously recorded their personal conversations, saying years of discovery has shown audio from their accidental device activations was never exploited by the company or even subject to human review.
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November 01, 2024
Taco Bell Franchisee Insurers Want Out Of BIPA Suit Coverage
Two Nationwide units told an Illinois federal court they owe no coverage to two Taco Bell franchisees facing a proposed class action alleging that they violated the Illinois Biometric Information Privacy Act, invoking three separate exclusions in the franchisees' commercial general liability and umbrella policies.
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November 01, 2024
Ex-Mohawk IT Exec. Cops To Ripping Off Carpet Maker
Days before he was set to face trial, flooring giant Mohawk's former head of information technology pled guilty Friday to eight wire fraud and conspiracy charges for running a third-party vendor scheme that ripped off his employer to the tune of $1.8 million.
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November 01, 2024
Judge In Philly Inquirer Data Sharing Case Won't Join Class
The Pennsylvania federal judge overseeing a consolidated action accusing the Philadelphia Inquirer of sharing subscribers' video viewing habits with Meta is eligible to join the class, but has decided to renounce his right to class membership in order to continue being the judge.
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November 01, 2024
Up Next At High Court: Fed Funds And Securities Risks
The U.S. Supreme Court will return to the bench Monday for its November arguments session, which will start off with a debate over whether the Federal Communications Commission telecom subsidy program involves federal funds subject to the False Claims Act, and on Tuesday how Medicare funding should be calculated for hospitals that serve large numbers of low-income patients.
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November 01, 2024
Chinese National Stole Investment Firm's Code, Feds Say
A Chinese national has been indicted on charges he stole trade secrets from his employer, an unnamed global investment management company in Boston, to set up his own firm in China.
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November 01, 2024
MVP: Cooley's Travis LeBlanc
Cooley LLP partner Travis LeBlanc secured the dismissal of groundbreaking litigation accusing Google of unlawfully eavesdropping on Verizon users' calls through a customer service product powered by generative artificial intelligence, earning him a spot among the 2024 Law360 Cybersecurity & Privacy MVPs.
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October 31, 2024
1st Amendment Protects 'Nevermind' Album Art, Judge Told
The First Amendment protects Nirvana's 1991 "Nevermind" album art, the Recording Industry Association of America has told a California federal court in an amicus brief, warning that allowing child pornography claims by the man featured naked as a baby in the artwork threatens to broadly chill artistic expression.
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October 31, 2024
Fed. Circ. Backs PTAB Invalidation Of 3 Centripetal Patents
The Federal Circuit on Thursday upheld a set of Patent Trial and Appeal Board decisions that found three Centripetal Networks patents that cover detecting network threats were invalid, agreeing they were too obvious to warrant patent protection.
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October 31, 2024
6th Circ. Wrestles With Reach Of FCC's Net Neutrality Powers
Sixth Circuit judges on Thursday sought to clear up what one described as a "close call" over how much authority Congress gave the Federal Communications Commission to regulate internet traffic when lawmakers overhauled telecommunications law in 1996.
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October 31, 2024
Megan Thee Stallion Sues Over Trial Lies, Deepfake Porn
Hip-hop artist Megan Thee Stallion sued a social media personality in Florida federal court for allegedly acting as a paid surrogate of her convicted shooter, fellow rapper Tory Lanez, to spread lies about the trial and for promoting an AI-generated pornographic video that appears to depict her.
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October 31, 2024
Centripetal's $151.5M Patent Award Slashed To $113.6M
A Virginia federal judge has ruled that cybersecurity company Palo Alto Networks didn't infringe one of the patents in a case where a jury awarded rival Centripetal $151.5 million, reducing that amount to $113.6 million.
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October 31, 2024
Copyright Office Says Rest Of AI Report To Come By Year End
The U.S. Copyright Office plans to submit the remainder of a report on the intersection of artificial intelligence and copyright law by the end of the year, the office told House lawmakers who expressed concern over what they said were late submissions.
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October 31, 2024
Meta Users Fight Uphill For Cert., But Advertisers Have A Shot
A California federal judge who was asked to certify two classes in a case alleging that Facebook parent Meta Platforms monopolized the social media advertising market and misused users' data said Thursday that the users' damage theory wasn't "plausible," but appeared open to the advertisers' claim they suffered the same alleged injury.
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October 31, 2024
What DOJ's New National Security Obsession Means For Attys
The Justice Department’s emerging criminal crackdown on corporate national security violations is putting increased pressure on white collar lawyers to be conversant, if not experts, on opaque, complex and swiftly evolving regulations.
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October 31, 2024
Health District Must Face Cyberattack Suit, Wash. Judges Say
A municipal health department in Washington is back on the hook in litigation over a cyberattack that affected nearly 109,000 individuals, thanks to a precedential ruling by a state appellate court Thursday reviving claims that the department was negligent in storing patients' personal information.
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October 31, 2024
Rap Promoter Gets 3 Years In Stolen Credit Card Scam
A Chicago-based rap promoter received a nearly three-year prison term for his role in a nationwide scam in which prosecutors say he and four others, including rapper G Herbo, used stolen credit cards for personal luxuries.
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October 31, 2024
The 2024 Law360 Pulse Leaderboard
Check out the Law360 Pulse Leaderboard to see which firms made the list of leaders in all-around excellence this year.
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October 31, 2024
Firms' Hiring Strategies Are Evolving In Fight For Top Spot
Competition for top talent among elite law firms shows no signs of slowing down, even amid economic uncertainty, with financially strong firms deploying aggressive strategies to attract and retain skilled professionals to solidify their market position.
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October 31, 2024
Meta Says CFPB Mulling Enforcement Action Over Advertising
Meta, the parent company of Facebook and Instagram, said Thursday that it is facing a potential Consumer Financial Protection Bureau enforcement action following an agency probe into financial-related advertising on its platform.
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October 31, 2024
MVP: Latham's Serrin Turner
Serrin Turner of Latham & Watkins LLP led the team that recently succeeded in gutting a landmark U.S. Securities and Exchange Commission case against software developer SolarWinds Corp., earning him a spot as one of the 2024 Law360 Cybersecurity and Privacy MVPs.
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October 30, 2024
Doctor Denied Access To Grand Jury Materials In HIPAA Case
A Houston federal judge has denied a motion from a pediatric surgeon who asked for access to grand jury materials in his case involving alleged HIPAA violations, issuing a brief order without further explanation.
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October 30, 2024
Capital One Says It Disclosed Sale Of Consumer Account Data
Capital One has urged a California federal judge to toss a proposed class action alleging that it surreptitiously disclosed the personal financial information of millions of consumers to Meta, Google, Microsoft and other third parties without consumers' consent, saying it "fully disclosed" to customers the bank's use of routine marketing and analytics software.
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October 30, 2024
Bernstein Litowitz, NYS Fund Rep CrowdStrike Investor Class
Bernstein Litowitz Berger & Grossmann LLP will represent a putative class of CrowdStrike investors in litigation alleging the cybersecurity company mischaracterized the risk of seeing a major outage like the one it faced in July.
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October 30, 2024
Google's Bid To Depose AG Has Texas Appeals Judge 'Extremely Troubled'
A Texas appeals court raised concerns about Google's claim that it had the right to depose the Texas Office of the Attorney General, with a justice saying during oral arguments Wednesday that giving Google a green light to interview lawyers representing the state could open a legal can of worms.
Expert Analysis
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6 Steps To Ready Defense Contractors For Cybersecurity Rule
Following the U.S. Department of Defense's final rule establishing the Cybersecurity Maturity Model Certification program in federal regulations, Sandeep Kathuria at Ice Miller provides a refresher on CMMC and identifies best practices for defense contractors awaiting full implementation of CMMC.
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Takeaways From The IRS' Crypto Doc Summons Win
A recent First Circuit decision holding that taxpayers do not have a Fourth Amendment reasonable expectation of privacy in cryptocurrency transaction records should prompt both taxpayers and exchanges to take stock of past transactions and future plans, say attorneys at BakerHostetler.
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A Novel Expansion Of Alien Tort Statute In 9th Circ.
The Ninth Circuit's Doe v. Cisco rehearing denial allows a new invocation of the Alien Tort Statute to proceed, which could capture the U.S. Supreme Court's attention, and has potentially dramatic consequences for U.S. companies doing business with foreign governments, say attorneys at Ropes & Gray.
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Empathy In Mediation Offers A Soft Landing For Disputes
Experiencing a crash-landing on a recent flight underscored to me how much difference empathy makes in times of crisis or stress, including during mediation, says Eydith Kaufman at Alternative Resolution Centers.
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Series
Being An Artist Makes Me A Better Lawyer
My work as an artist has highlighted how using creativity and precision together — qualities that are equally essential in both art and law — not only improves outcomes, but also leads to more innovative and thoughtful work, says Sarah La Pearl at Segal McCambridge.
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How Judiciary Can Minimize AI Risks In Secondary Sources
Because courts’ standing orders on generative artificial intelligence and other safeguards do not address the risk of hallucinations in secondary source materials, the judiciary should consider enlisting legal publishers and database hosts to protect against AI-generated inaccuracies, say attorneys at Lankler Siffert & Wohl.
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3 Steps For Companies To Combat Task Scams
On the rise in the U.S., the task scam — when scammers offer a victim a fake work-from-home job — hurts impersonated businesses by tarnishing their name and brand, but companies have a few ways to fight back against these cons, says Chris Wlach at Huge.
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How Attorneys Can Break Free From Career Enmeshment
Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.
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Where Can Privacy Plaintiffs Sue When Injury Is Online?
Website owners need to understand wiretapping laws to understand whether they may be sued for activity tracking in California or Pennsylvania courts, where the statutory damages for violations of half-century-old laws can be substantial — and a recent Third Circuit decision suggests establishing specific jurisdiction is not as easy as 1-2-3, say attorneys at Crowell & Moring.
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UCC Article 12 Offers Banks A Chance To Dive Into 'DePINs'
The 2022 update to Article 12 of the Uniform Commercial Code, which provides a legal framework for decentralized physical infrastructure networks, could offer trade and commodity finance banks attractive opportunities, like the energy-related DePIN projects that have recently made headlines, says Chris McDermott at Cadwalader.
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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Lessons For Municipalities Facing Cyberattacks
With municipal IT teams facing the daunting task of keeping agencies operational while safeguarding sensitive government data, including residents' and employees' personally identifiable information, there are steps a municipality can take to guard against a major cyberattack, say attorneys at Pillsbury.
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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Planning For Cyber Incident Reporting Requirements In Sports
Attorneys at Wiley discuss the proposed rules under the Cybersecurity Incident Reporting for Critical Infrastructure Act that would impose extensive reporting requirements on professional and collegiate athletic organizations, universities and sports venues, including defining a covered entity and analyzing the types of events that would trigger reporting.