Cybersecurity & Privacy

  • January 10, 2025

    Feds Back Musk's Microsoft-OpenAI Board Overlap Concerns

    The U.S. Department of Justice and Federal Trade Commission weighed in Friday on Elon Musk's California federal lawsuit against OpenAI, arguing that the artificial intelligence research organization and its co-defendant Microsoft can't fight claims of improper board overlap just by saying the overlap has ended.

  • January 10, 2025

    PowerSchool Blamed For Breach of Student, Teacher Data

    The personal data of tens of millions of students, parents and teachers was put at risk last month when hackers were able to worm their way into PowerSchool's systems because the educational software company's security safeguards were not up to snuff, two lawsuits filed in California federal court allege.

  • January 10, 2025

    Plex Says Subscriber's Privacy Lawsuit Must Be Arbitrated

    Streaming platform Plex is urging a California federal court to nix a proposed data privacy class action, accusing the plaintiffs of using the litigation as a tactic to "coerce" it into settling more than 400 pending arbitrations.

  • January 10, 2025

    CFPB Floats Protections For Crypto, Video Game Payments

    The Consumer Financial Protection Bureau on Friday proposed to make clear that cryptocurrency and video game transactions are covered under existing rules codifying consumers' rights in situations of fraudulent transfers, hacks and stolen funds.

  • January 10, 2025

    Tech Co., Feds Seek Wins In Commercial Item Preference Row

    A tech company is asking a federal judge to block the Centers for Medicare and Medicaid Services from proceeding with solicitations that stand to replace so-called batCAVE and Signal software it developed that is already providing the desired functionality.

  • January 10, 2025

    Paramount Wants Out Of User's Video Privacy Suit

    Paramount Global urged a New York federal court to dismiss a California man's putative class action accusing it of unlawfully sharing streaming platform users' personal information to third parties like Facebook and TikTok, saying the man lodged inadequate theories of disclosure and otherwise consented to the alleged disclosure.

  • January 10, 2025

    NJ Says Existing Anti-Discrimination Law Applies To Using AI

    New Jersey's attorney general issued guidance clarifying that the Garden State's discrimination law applies to "algorithmic discrimination," or discrimination and bias-based harassment stemming from the use of artificial intelligence and other similar technologies.

  • January 10, 2025

    Ga. Law Firm Latest To Fight Corporate Transparency Act

    A federal law designed to combat money laundering violates the U.S. Constitution by forcing lawyers to disregard attorney-client privilege, a Georgia lawyer told a federal court, joining a chorus seeking legal action to stop the law.

  • January 10, 2025

    Liquidnet To Pay SEC $5M Over Market Access Rule Issues

    Liquidnet Inc. agreed Friday to pay $5 million to resolve claims from the U.S. Securities Exchange Commission that the broker-dealer failed to have the proper controls and procedures related to market access in place and failed to protect confidential subscriber trading information, among other things.

  • January 10, 2025

    Feds Say Russians Behind North Korea-Linked Crypto Mixers

    Georgia federal prosecutors on Friday announced money laundering and unlicensed money transmission charges for three Russian nationals who allegedly operated crypto mixing services previously sanctioned over their apparent use by North Korean hackers and other cybercriminals.

  • January 10, 2025

    Couple Says EBay, Top Brass Can't Duck Trial In Stalking Suit

    A Massachusetts couple argued Friday that eBay Inc. and several of its top executives were at least aware of a harassment campaign perpetrated by employees of the online retailer and should not be let off the liability hook.

  • January 10, 2025

    Senior Living Co. Sued Over Alleged Breach Of Worker Data

    A former employee of a Delaware-headquartered, multi-state support organization for affiliated senior living centers has lodged a proposed class action against the business in Pennsylvania federal court, alleging damages tied to a cyberattack that exposed employee data.

  • January 10, 2025

    Justices Seem Inclined To Uphold TikTok Sale-Or-Ban Law

    The U.S. Supreme Court seemed likely Friday to uphold a law requiring TikTok to divest from its Chinese parent company over national security concerns or face a nationwide ban, despite some justices expressing concern over the law's impact on the free speech rights of Americans who use the wildly popular social media platform.

  • January 09, 2025

    Autotrader Can't Ditch Suit Over Tracking Of Website Visitors

    A California federal judge has refused to toss a proposed class action accusing Autotrader of unlawfully sharing website visitors' search queries with third parties, rejecting the contention that tracking software isn't covered by the state's wiretap law and finding that the plaintiff would likely be able to fix separate standing deficiencies. 

  • January 09, 2025

    Texas Hits TikTok With Another Suit Over Child-Online Safety

    Texas hit TikTok with another lawsuit in the Lone Star State court following similar consumer protection suits, accusing the social media giant — which is facing a ban in the U.S. — of deceptively marketing its purportedly addictive app as safe for minors despite letting explicit material run rampant on the platform.

  • January 09, 2025

    Vape Laptop Hacking Suit Belongs In Court, Co. Says

    A vape-maker has urged a California federal court to deny a bid by the founder of vape distributor Next Level to arbitrate the manufacturer's claims that he broke into a laptop to access its confidential information, saying he's not a signatory to an underlying arbitration agreement.

  • January 09, 2025

    CFPB Taps First Open Banking Industry Standards Setter

    The Consumer Financial Protection Bureau has given Financial Data Exchange Inc. the green light to set standards for open banking in a first of its kind approval aimed at giving customers more control over their financial data.

  • January 09, 2025

    SPEX's Data Security Patent Award Boosted To $553M

    A California federal judge has tacked on about $237 million in interest to the $316 million damages verdict SPEX Technologies won after a jury found Western Digital infringed a patent related to hardware encryption technology.

  • January 09, 2025

    Highgate Hotels Hit With Suit Over Months-Long Data Breach

    A former employee seeking to represent a class claimed in New York federal court that real estate and hospitality management company Highgate Hotels failed to use basic cyberattack prevention tools, allowing hackers to access employee records for months.

  • January 09, 2025

    VITAS Must Face Wiretap Suit Over Customer Service Calls

    A California federal judge declined to toss a putative class action alleging VITAS Healthcare violated wiretapping laws by helping a third-party software developer eavesdrop on calls with VITAS' customers, noting Wednesday the third party was capable of using the data derived from the calls for its own purposes.

  • January 09, 2025

    5 Questions Attys Have About Supreme Court's TikTok Case

    The U.S. Supreme Court will hear arguments Friday in TikTok's challenge to a law requiring the wildly popular social media platform to be divested from its Chinese parent company over national security concerns or face a nationwide ban, in an unusual First Amendment case attorneys say also raises broad procedural and legal questions.

  • January 09, 2025

    DOJ Fights Apple's Intervention In Google Search Remedies

    The U.S. Department of Justice is opposing Apple Inc.'s "eleventh-hour effort" to have a say in what should be a proper fix for Google's search monopoly, telling a D.C. federal judge that the company has had ample opportunity to defend its lucrative revenue-sharing agreement with Google.

  • January 09, 2025

    Texas Appeals Court Frees Google Of Incognito Mode Suit

    A Texas appeals court wiped Texas' deceptive trade practices suit alleging Google misleads consumers about the privacy available through its "Incognito" mode, finding in a Thursday opinion the lower court doesn't have jurisdiction to hear the case.

  • January 09, 2025

    MoFo Opens Fourth European Office In Amsterdam

    Morrison Foerster LLP has opened an office in Amsterdam to grow its privacy and data security practice, the firm announced Thursday.

  • January 08, 2025

    Consumers Get Class Cert. In Suit Over Law Firm's Robocalls

    A West Virginia federal judge has granted class status to consumers who are accusing a plaintiffs' firm of violating the Telephone Consumer Protection Act by blasting them with unsolicited calls seeking their participation in litigation against the federal government over contaminated water at Marine Corps Base Camp Lejeune.

Expert Analysis

  • Firms Still Have The Edge In Lateral Hiring, But Buyer Beware

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    Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.

  • Reviewing 2024's State Consumer Privacy Law Enforcement

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    While we are still in the infancy of state consumer privacy laws, a review of enforcement activity this year suggests substantial overlaps in regulatory priorities across the most active states and gives insight into the likely paths of future enforcement, says Thomas Nolan at Quinn Emanuel.

  • 5th Circ. Crypto Ruling Shows Limits On OFAC Authority

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    The Fifth Circuit's recent decision that immutable smart contracts on the Tornado Cash crypto-transaction software protocol are not "property" subject to Office of Foreign Assets Control jurisdiction may signal that courts can construe OFAC's authority more restrictively after Loper Bright, say attorneys at Morgan Lewis.

  • Preparing For The New Restrictions On Investment Into China

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    In light of a new regulatory program governing U.S. investments in China-related technology companies of national security concern, investors should keep several considerations in mind, including the rules' effect on existing and new investments, compliance hurdles, and penalties for noncompliance ahead of the rules' January implementation, say attorneys at Gunderson Dettmer.

  • Risk Disclosure Issue Remains After Justices Nix Meta Case

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    After full briefing and argument, the U.S. Supreme Court recently dismissed Facebook v. Amalgamated Bank as improvidently granted, leaving courts with the tricky endeavor of determining when the failure to disclose a past event in an Item 105 risk disclosure is materially misleading, say attorneys at Lowenstein Sandler.

  • Think Like A Lawyer: 1 Type Of Case Complexity Stands Out

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    In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.

  • FTX Exec's Sentencing Shows Pros And Cons Of Cooperation

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    The sentencing of former FTX tech deputy Gary Wang, whose cooperation netted him a rare outcome of no prison time, offers critical takeaways for attorneys and clients navigating the burgeoning world of crypto-related prosecutions, says Andrew Meck at Whiteford.

  • Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity

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    Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.

  • Trending At The PTAB: Collateral Estoppel Continues Evolving

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    We are starting to see brighter lines on collateral estoppel involving Patent Trial and Appeal Board proceedings, illustrated by two recent cases that considered whether collateral estoppel should apply to factual findings on prior art from the PTAB in a later district court litigation, say attorneys at Finnegan.

  • Series

    Gardening Makes Me A Better Lawyer

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    Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.

  • SEC Prioritized Enforcement Sweeps As Cases Slowed In '24

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    Following three consecutive years of increasing activity, fiscal year 2024 marked the lowest number of cases the U.S. Securities and Exchange Commission has brought since Gary Gensler assumed office in April 2021, buttressed by some familiar enforcement sweeps, say attorneys at Covington.

  • Litigation Inspiration: Reframing Document Review

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    For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.

  • Implementing Human Rights Due Diligence

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    The Bureau of Industry and Security’s recent removal of a Canadian surveillance provider from its export blacklist, after just eight months, illustrates the importance of integrating human rights due diligence into the vetting process by asking a few targeted questions, say attorneys at Cravath.

  • How CFIUS' Updated Framework Affects Global Investors

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    The recent change to the monitoring and enforcement regulations governing the Committee on Foreign Investment in the United States will broaden administrative practices around nonnotified transaction investigations, increase the scope of information demands from the committee and accelerate its ability to impose mitigation on parties, say attorneys at Simpson Thacher.

  • Series

    Flying Makes Me A Better Lawyer

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    Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.

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