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Cybersecurity & Privacy
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December 19, 2024
Atty Loses Bid To Exit Suits Over Unpaid Abuse Case Awards
A personal injury attorney cannot have an early exit from negligence suits filed by three former clients over settlement payments, a Connecticut state judge ruled Wednesday, finding that a decision in a related case initiated by one of the plaintiffs did not resolve the complaints against the attorney.
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December 18, 2024
Funding Bill Takes In Broadband, Ticketing, Privacy
A congressional spending package that would fund the federal government through March is set to include a slew of bipartisan proposals aimed at digital security, online pricing transparency and rural broadband access.
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December 18, 2024
11th Circ. Doubtful Of FCC's Marketing Consent Clampdown
Eleventh Circuit judges appeared skeptical Wednesday of the Federal Communications Commission's legal justification for a marketing rule that requires selecting businesses on an individual basis through comparison shopping sites before the businesses can reach out to consumers.
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December 18, 2024
Conn. AG Can't Close Courtroom In Ghost Gun Hearing
A Connecticut state judge won't close the courtroom for a damages hearing in a suit by the state against an online shop selling so-called ghost gun kits, saying the public's interest in the facts of the case outweighs the state's concerns about an undercover investigator's safety.
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December 18, 2024
Bain Seeks Controlling Stake Despite Fuji Soft Rejection
Bain Capital is seeking to execute a tender offer for a controlling stake in Fuji Soft despite the Japanese company's decision to proceed with an alternative buyout offer from KKR, stating in a Wednesday presentation that it has "significant concerns" about a Fuji Soft special committee's independence.
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December 18, 2024
NC Lt. Gov. Wants Defamation Suit Kicked Back To State Court
North Carolina Lt. Gov. Mark Robinson has urged a federal judge to return his defamation suit against CNN to state court, arguing that his claims against the network are tied to those against a former porn store clerk such that the lower trial court is better suited to hear the case.
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December 18, 2024
Congress Passes $3B Funding For FCC's 'Rip And Replace'
The U.S. Senate cleared legislation Wednesday to fully fund the Federal Communications Commission's "rip and replace" telecom security program to the tune of $3.08 billion as part of a sweeping defense spending authorization.
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December 18, 2024
High Court To Review TikTok Sale-Or-Ban Law
The U.S. Supreme Court announced Wednesday that it will fully review TikTok's First Amendment challenge to a federal law requiring the wildly popular social media platform to divest from its Chinese parent company or face a nationwide ban, scheduling expedited oral arguments one week before the law's effective date.
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December 17, 2024
UNC Doctor Can't Shield Minor Transgender Patients' Records
A University of North Carolina doctor cannot assert privilege over medical records sought from the university by state Republicans fighting a suit by the physician and others seeking to enjoin a law imposing limits on transgender care for minors, a federal magistrate judge has ruled.
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December 17, 2024
Texas Rep. Aims To Bar DOD Buys From China-Linked IT Cos.
Rep. Pat Fallon, R-Texas, introduced a bill Tuesday that would prohibit the U.S. secretary of defense from entering into information technology contracts with companies with certain ties to China, saying cyberattacks have highlighted the vulnerability of the country's defense and IT systems to foreign interference.
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December 17, 2024
Google-Apple Collusion Plaintiff Asks 9th Circ. To Revive Suit
A California crane operator training school asked the Ninth Circuit on Monday to revive its case accusing Google of paying Apple to refrain from developing its own search engine in light of a recent Washington, D.C., federal judge's decision that Google monopolizes the search market.
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December 17, 2024
AGs Can File Opposition To Clearview AI BIPA Deal
An Illinois federal judge is allowing 22 states and the District of Columbia to challenge a deal to end multidistrict litigation over Clearview AI's practice of automatically collecting biometric facial data online, with attorneys general arguing the settlement would provide no meaningful injunctive relief and give plaintiffs an unknown financial stake in the company.
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December 17, 2024
Texas Judge Won't Pause Block Of Corp. Transparency Law
A Texas federal judge on Tuesday denied the government's request to stay his nationwide block of a corporate transparency law while an appeal is pending, saying his view that Congress lacks the constitutional authority to enact the legislation is likely to prevail at the Fifth Circuit.
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December 17, 2024
Judge To Expedite Doc Decision In Atty's Voting Machine Case
A Michigan state judge said prosecutors' case against an attorney accused of illegally accessing a voting machine needs to keep moving forward, vowing Tuesday to rule quickly on a request for grand jury transcripts the attorney claims show the jury was misled about the charges.
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December 17, 2024
Plex Wrongly Refused To Arbitrate Privacy Claims, Suit Says
A Plex subscriber is claiming the streaming service violated its terms of service by refusing to arbitrate claims that it was breaching federal and state privacy laws.
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December 17, 2024
Fuji Soft Favors KKR Offer Over Higher Bain Bid
Fuji Soft said in a statement Tuesday that it supports a buyout tender offer from U.S. private equity firm KKR that is worth about $4.15 billion and opposes a competing, higher bid from Bain Capital.
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December 17, 2024
Fenwick-Led AI Startup Databricks Nets $10B In Private Round
Venture-backed Databricks Inc. said Tuesday it raised $10 billion through a private funding that valued the artificial intelligence startup at $62 billion, represented by Fenwick & West LLP, marking the latest sign of investor enthusiasm for AI technology.
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December 17, 2024
Magic Runs Out For Tax Pro Who Stiffed IRS Out Of $145M
A New York City tax preparer who earned the nickname "the magician" while depriving the IRS of $145 million in revenue copped to tax evasion on Tuesday before a Manhattan federal judge.
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December 16, 2024
Circuit-By-Circuit Guide To 2024's Most Memorable Moments
One judge said a litigant's position would cause "an effing nightmare," and another decried the legal community's silence amid "illegitimate aspersions." Public officials literally trashed one court's opinion, and fateful rulings dealt with controversial politicians, social media and decades of environmental policy. Those were just a few appellate highlights in 2024, a year teeming with memorable moments both substantive and sensational.
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December 16, 2024
TikTok Brings Sale-Or-Ban Fight To High Court
TikTok asked the U.S. Supreme Court on Monday to stay a federal law that would force its owners to divest from the wildly popular social media app or shut its U.S. operation down just before Donald Trump's inauguration, saying his administration should get a say in the app's fate.
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December 16, 2024
Fed. Circ. Vacates Centripetal Patent Win At PTAB
The Federal Circuit has thrown out a Patent Trial and Appeal Board decision that found the Silicon Valley-based cybersecurity company Palo Alto Networks failed to show that a Centripetal Networks patent for a way to improve the flow of data was invalid, kicking the case back to the board.
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December 16, 2024
Yodlee Judge 'Wrestling' With Invasion Of Privacy Question
A California federal judge considering financial data aggregator Yodlee's bid to dismiss allegations it unlawfully collected user data said Monday that she is "wrestling" with whether the company's retention of users' bank credentialing information gave those users standing for an invasion of privacy claim.
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December 16, 2024
Mich. Judge Troubled By Scope Of Feds' CTA Data Collection
A federal judge in Michigan said new disclosure requirements for small businesses seem burdensome and intrusive during a Monday hearing focused on the privacy implications of the currently blocked anti-money laundering law.
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December 16, 2024
Right-Wing Pair Can Be Charged For False Election Robocalls
A Michigan appellate panel has upheld, for the second time, criminal charges against two right-wing conspiracy theorists who led a misinformation campaign that targeted Black voters, finding that even under a narrowed test from the state's top court, the pair likely knew the robocalls shared false information and were related to voting procedures.
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December 16, 2024
Cos. Urge Judge To Maintain Injunction On Transparency Law
A Texas federal judge doesn't need to stay his preliminary injunction on the rollout of new corporate transparency rules while the U.S. government's appeal of his decision is pending at the Fifth Circuit, a business lobbying group and others said Monday.
Expert Analysis
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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.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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6 Tips For Cos. Facing Service Provider Cyber Incidents
When a third-party service provider experiences a cybersecurity incident, businesses may wonder if their information is compromised and if their systems are safe, but there are certain steps that can help businesses prepare for and respond to targeted attacks on vendors, say attorneys at Troutman Pepper.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.