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Cybersecurity & Privacy
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December 03, 2024
Data Brokers Get OK For Appeal Of NJ Privacy Law
A federal judge signed off Monday on data brokers' request to be allowed to appeal his ruling that New Jersey's judicial privacy and security measure known as Daniel's Law is constitutional.
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December 03, 2024
Ballard Spahr Adds Fox Rothschild's Antitrust Co-Lead In DC
Ballard Spahr LLP has hired the former co-chair of Fox Rothschild LLP's antitrust practice, who joined the firm in D.C. just two months after it hired a former practice co-lead from Carlton Fields.
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December 03, 2024
Severity Of Cyber Risk 'Widely Underestimated' In UK
Britain is facing a "widening gap" in its ability to fight cyberthreats and must improve its defenses to combat the increasing severity and scale of hostile threats, the head of the country's top cybersecurity agency said on Tuesday.
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December 03, 2024
CFPB Pitches Plan For Tighter Regulation Of Data Brokers
In a late push before the Biden administration's end, the Consumer Financial Protection Bureau moved Tuesday to clamp down on the so-called data broker industry with a new draft rule that pivots off existing credit reporting protections for consumers.
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December 02, 2024
Apple Accused Of Gagging Workers, Spying On Their IPhones
A manager at Apple claims the tech giant is stomping on employees' rights by forbidding discussion of coworkers' compensation and encouraging the use of personal iPhones at work so that it can snoop on workers, according to a lawsuit lodged Monday in California state court.
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December 02, 2024
Google Can't Yet Appeal Ruling Preserving Kids Tracking Suit
A California federal judge on Monday declined to let Google immediately appeal his earlier ruling leaving intact allegations the search giant surreptitiously tracks children's web activity, finding Google hasn't shown that the issues underlying that ruling warrant an appeal at this stage in the litigation.
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December 02, 2024
Bipartisan Bill Calls For AI Studies From Financial Regulators
Leaders of the U.S. House Financial Services Committee want to codify their commitment to regulating and cultivating the use of artificial intelligence in the financial services industry with legislation introduced Monday that directs financial and housing regulators to produce reports on the use of AI in their respective sectors.
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December 02, 2024
Biden's Pardon Is Another Blow To Special Counsel Probes
President Joe Biden's pardon of his son over the weekend marks the latest example of a special counsel investigation fizzling and raises doubts over the future use of such probes, which can drag on for years and cost taxpayers millions of dollars.
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December 02, 2024
Consulting Firm Says Insurer On Hook For $7.6M Deal
A consulting firm told an Illinois federal court that its insurer must reimburse it for a $7.6 million settlement with the U.S. Department of Justice relating to a lawsuit accusing the firm of allowing personal information to be compromised, maintaining that the litigation fell within its policy's scope.
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December 02, 2024
ByteDance Says Ex-Worker Can't Avoid Counterclaims
TikTok's parent company, ByteDance, says a former engineer shouldn't be able to dodge its counterclaims in a dispute stemming from his termination, arguing that just because he wants to drop his allegations doesn't mean those counterclaims are moot.
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December 02, 2024
GoodRx Inks $25M Deal With Users Over Alleged Data-Sharing
A proposed class alleging GoodRx breached privacy laws by sharing users' sensitive health data with advertisers asked a California federal judge Friday for preliminary approval of a proposed $25 million settlement with the company, saying it still leaves the potential for additional recoveries from co-defendants Meta Platforms, Google and Criteo Corp.
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December 02, 2024
X Escapes Former Twitter Security Head's Firing Suit
A New Jersey federal judge has sent a former Twitter security chief's suit claiming he was fired for protesting massive budget cuts to arbitration, ruling that the claims fail under the provisions of the company's arbitration agreement.
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December 02, 2024
Musk Asks Court To Halt OpenAI's Conversion To For-Profit
Elon Musk sought a preliminary injunction asking a California federal court to stop OpenAI from transitioning into a for-profit enterprise, arguing the plaintiffs and the public would be harmed whether as competitors, donors, investors, consumers, taxpayers, citizens or "simply as people" worried about AI rushing unsafe products into the marketplace.
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November 27, 2024
Google Wants 9th Circ. To Undo Play Store Ruling In Epic Row
Google has pressed the Ninth Circuit to reverse an injunction forcing it to allow third-party app distribution on its Play Store, arguing that the lower court's ruling will "directly undercut Google's efforts to compete against Apple and the iPhone."
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November 27, 2024
Prudential Website Visitors Get Class Cert. In Tracking Row
A California federal judge has certified a class of life insurance quote seekers who are accusing Prudential Financial Inc. and its software vendor of illegally recording their keystrokes and information, finding that questions about website visitors' knowledge of this practice can be resolved on a classwide basis.
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November 27, 2024
X Corp Says Gov't Trying To 'Muzzle' Doc In Bitter HIPAA Case
X Corp has told a Texas federal judge that government prosecutors were trying to "muzzle" a doctor accused of sharing protected patient information while talking to the press about a hospital's gender-affirming care practices, saying the government was out of line.
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November 27, 2024
$83M Air Force Award Must Account For Merger, GAO Says
The U.S. Government Accountability Office says the Air Force must reconsider its award of an $83 million task order, saying the veteran-owned small business protesting the award possessed the requisite certification following a merger.
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November 27, 2024
Zoom Offers SEC $18M To Settle 2020 Privacy Probe
Zoom Communications disclosed in a U.S. Securities Exchange and Commission filing that it has offered $18 million to settle an agency investigation into "various security, data protection and privacy matters," including the videoconferencing platform's encryption.
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November 27, 2024
Amazon Judge Says Appeal Too Soon In Ongoing Privacy Suit
A Washington federal judge has said he won't issue a final judgment to allow consumers to appeal his previous ruling tossing most of the claims in a suit alleging that palm scanners at joint Starbucks-Amazon stores violate biometric privacy law, because one of the plaintiffs has a remaining claim.
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November 27, 2024
Arkansas Can't Bring Suit Against Crypto Miner For Now
An Arkansas federal judge has temporarily barred state officials from taking action against a Chinese-born U.S. citizen's crypto mining operation after he challenged the investigation against him and the laws underpinning it as discriminatory and unconstitutional.
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November 27, 2024
Fintech Co. Ingo, Consumers Reach Deal To End Breach Suit
Fintech deposit underwriter Ingo Money Inc. has reached a handshake deal to settle proposed class action claims that for seven months it sat on news that hackers had gotten hold of a "gold mine" of customers' personal information.
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November 27, 2024
Burger King Franchisee Can Tap AIG For BIPA Suit, Eventually
An Illinois federal judge ruled Tuesday that an AIG subsidiary has a duty to defend a Burger King franchisee in a suit brought by employees claiming its timekeeping practices violated Illinois' biometric privacy law, but only after the limits of all other insurance have been exhausted.
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November 27, 2024
5th Circ. Reverses Treasury's Block Of Crypto Mixer
The Fifth Circuit has rejected the government's blacklisting of Tornado Cash for "its role in laundering virtual currency for malicious cyber actors," saying the cryptocurrency service's immutable smart contracts, or lines of privacy-enabling software code, are not "property" and are therefore unownable and cannot be blocked under the International Emergency Economic Powers Act.
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November 27, 2024
Data Cos. Lose Challenge To NJ Judicial Privacy Law
A federal judge has ruled that the New Jersey judicial privacy and security measure known as Daniel's Law is constitutional, handing a defeat to a large group of data brokers accused of illegally posting judges' names and addresses online.
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November 27, 2024
Better, Faster, Stranger: What Attys Think Of Our AI Future
Law firms are increasingly embracing the use of artificial intelligence, wary of its limitations but enchanted by its potential to transform the practice of law through smaller headcounts and cheaper litigation.
Expert Analysis
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Incident Response Lessons From The CrowdStrike Failure
CrowdStrike's incident highlights a growing problem within modern digital infrastructures — single points of failure that cause widespread disruption when things go wrong — so organizations should carefully review their digital infrastructure to identify unique areas of exposure or vulnerability, say Erik Dullea at Husch Blackwell and Kip Boyle at Cyber Risk Opportunities.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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What FCA Cases May Look Like In The Age Of Generative AI
Generative artificial intelligence raises unique considerations both in the context of potentially leading to False Claims Act cases and in the discovery and litigation phases of these lawsuits, says attorney Rachel Rose.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.
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3 Ways To Limit Risks Of Black-Box AI In Financial Services
As regulators increasingly highlight the potential for artificial intelligence to make unfair consumer credit decisions, and require financial institutions to explain how these so-called black-box algorithms arrive at conclusions, companies should consider three key questions to reduce their regulatory risks from these tools, say Jeffrey Naimon and Caroline Stapleton at Orrick.
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Takeaways From EU's 'Pay Or Consent' Advertising Probe
Anne-Gabrielle Haie and Charles Whiddington at Steptoe examine key points from the European Commission's recent investigation into Big Tech's use of "pay or consent" advertising models, as well as the European Data Protection Board’s opinion on how such models can comply with EU competition and data protection laws.
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Energy And AI: Key Issues And Future Challenges
Artificial intelligence promises new technical advantages for the energy industry, but it is also responsible for vast, and growing, energy consumption — so the future of AI and energy will require balancing technological advancement with regulatory oversight, environmental responsibility and infrastructure development, say attorneys at Morgan Lewis.
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When Banks Unknowingly Become HIPAA Biz Associates
There appears to be significant confusion regarding the application of the Health Insurance Portability and Accountability Act to financial institutions when serving healthcare-related clients, so these institutions should consider undertaking several steps as a starting point in the effort to achieve compliance, say attorneys at Vorys.
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The Regulatory Headwinds Facing Lab-Developed Tests
Though the U.S. Food and Drug Administration's final rule regarding regulation of laboratory-developed tests outlines a four-year plan for ending enforcement discretion, and though this rule is currently being challenged in courts, manufacturers should heed compliance opportunities immediately as enforcement actions are already on the horizon, say attorneys at Kirkland & Ellis.
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.
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Opting In To CIPA Risk Mitigation After New Precedent
A recent California federal court decision, adopting a new, broad interpretation of the California Invasion of Privacy Act, will likely increase the volume of CIPA claims and should prompt businesses to undertake certain preventative measures, including adopting an opt-in approach to using third-party website advertising technologies, say attorneys at Thompson Hine.
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Opinion
It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.
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Why DOJ's Whistleblower Program May Have Limited Impact
The U.S. Department of Justice’s new whistleblower pilot program aims to incentivize individuals to report corporate misconduct, but the program's effectiveness may be undercut by its differences from other federal agencies’ whistleblower programs and its interplay with other DOJ policies, say attorneys at Milbank.
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What 7th Circ. Samsung Decision Means For Mass Arbitration
The Seventh Circuit's recent decision in Wallrich v. Samsung highlights the dilemma faced by mass arbitration filers in the face of nonpayment of arbitration fees by the defending party — but also suggests that there are risks for defendants in pursuing such a strategy, says Daniel Campbell at McDermott.
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Takeaways From Virginia's $2B Trade Secrets Verdict Reversal
The Virginia Court of Appeals' recent reversal of the $2 billion damages award in Pegasystems v. Appian underscores the claimant's burden to show damages causation and highlights how an evidentiary ruling could lead to reversible error, say John Lanham and Kamran Jamil at Morrison Foerster.