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Cybersecurity & Privacy
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May 13, 2024
50 Cent, GC Accused Of Federal Wiretap Violations
A liquor business consultant has told a New York state court that Curtis "50 Cent" Jackson and the rapper's general counsel violated federal and New Jersey wiretap statutes, after the court dismissed an earlier counterclaim lodged under the Illinois Eavesdropping Act.
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May 13, 2024
FCC Looks To Declaw 'Royal Tiger' Global Robocall Network
The Federal Communications Commission says that a gateway provider known for helping funnel illegal robocalls into the United States is once again back to its old tricks and operating under yet another name, this time Royal Tiger.
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May 13, 2024
Fed. Circ. Uses Rule 36 To Nix Centripetal Patent Appeals
A Federal Circuit panel decided Monday to quickly give a stamp of approval to a pair of administrative board rulings killing off two patents that were once at issue in a lawsuit involving cybersecurity software.
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May 13, 2024
Corp. Transparency Act An Overbroad Dragnet, 11th Circ. Told
Congress exceeded its authority in passing the Corporate Transparency Act, which prompted the U.S. Treasury Department to solicit personal information for law enforcement purposes from those that registered and owned state-registered entities, a small-business group told the Eleventh Circuit on Monday.
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May 13, 2024
House Bill Seeks More Commerce Dept. Control Of AI Exports
Technology companies may soon be required to implement security checks before collaborating with Chinese artificial intelligence labs with military ties, under a bipartisan bill introduced last week in the U.S. House of Representatives.
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May 13, 2024
Zuckerberg Challenges Basis Of Personal Claims In Meta MDL
Facebook founder Mark Zuckerberg is asking a California federal court to throw out claims against him in multidistrict litigation over social media platforms' allegedly addictive design, saying the personal injury plaintiffs haven't shown he took affirmative actions that would make him personally liable.
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May 13, 2024
EU Designates Booking.com As Gatekeeper, X Ads Escape
The Dutch company that owns popular travel site Booking.com is the latest company to be hit with the gatekeeper designation by the European Commission, and the social media platform X may be next.
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May 13, 2024
2nd Circ. Won't Revive UBS Suit Over Disclosed Account Info
The Second Circuit declined Monday to revive a couple's suit accusing UBS of fraudulently flagging an account to the Internal Revenue Service, finding that any alleged harm resulting from an audit would have been caused by the agency itself.
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May 13, 2024
FCC Defends 'Lead Generator' Robocall Rule To GOP Sens.
The head of the Federal Communications Commission is defending the agency's new "single seller" rule meant to limit robocalls and texts from comparison shopping sites, telling lawmakers that it will protect consumers from unwanted marketing.
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May 13, 2024
USPTO Fights Class Cert. Bid In Suit Over Patent Program
The U.S. Patent and Trademark Office has said a proposed group of inventors should not receive class certification in a suit alleging that the office's now-defunct program for flagging "sensitive" patent applications for extra review violated the Privacy Act.
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May 13, 2024
Justices Reject COVID App Makers' Last-Ditch Apple Appeal
The U.S. Supreme Court dealt the latest blow Monday to app developers who've struck out at every turn on antitrust allegations over Apple's rejection of COVID-19-tracking and bitcoin apps, refusing to look at a Ninth Circuit's refusal to revive the lawsuit.
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May 10, 2024
Bakery To Face Ex-Worker's Finger Scan Suit In State Court
An Illinois judge has remanded most of a suit accusing Gold Standard Baking Inc. of unlawfully collecting biometric data for timekeeping purposes, finding that claims related to fingerprint scans collected while she was a temporary worker could stand while captures made after she became a company employee were preempted by federal labor-contract law.
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May 10, 2024
Dropbox Hit With Proposed Class Action Over Data Breach
A Dropbox Inc. user has claimed that the file-hosting service failed to properly safeguard users' personal data, which was exposed in a breach last month, according to a proposed class action filed in California federal court.
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May 10, 2024
Congress Wants Microsoft Prez To Testify On Security Failures
A congressional committee has asked Microsoft President Brad Smith to testify at a public hearing about the company's cybersecurity measures and response to recent successful attacks against government officials by Russian and Chinese hackers, according to a letter posted Friday on social media platform X.
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May 10, 2024
Zeekr's US Debut Could Spur More IPOs From China
Electric-vehicle maker Zeekr's robust initial public offering sent an encouraging signal to Chinese companies considering whether to tap U.S. markets after a long lull, despite continued risks stemming from fractured U.S.-China relations, experts said Friday.
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May 10, 2024
Sens. Lament Broadband Subsidy's Absence From FAA Bill
Senators from both parties are upset that the Federal Aviation Authorization bill, which the Senate passed 88-4 on Thursday night, did not include provisions to bolster the pandemic-era broadband assistance program.
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May 10, 2024
Mich. Lawmakers Introduce Judicial Privacy Bill
A group of Michigan state senators has introduced a bill that would allow judges to seal personal information about themselves and their immediate family members in government agency files, including blocking the government from disclosing the information in response to public records requests, with some narrow exceptions.
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May 10, 2024
2nd Circ. Says Subway Texts Don't Trigger Autodial Law
A divided Second Circuit panel upheld the dismissal of a suit claiming that the sandwich chain Subway illegally spammed consumers' phones with automated texts, finding that a Connecticut federal judge was right in ruling that the marketing campaign didn't use an autodialer as defined by federal law.
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May 10, 2024
Capital One Accused Of Not Fully Investigating Fraud Claims
Capital One has been hit with a proposed class action in California federal court accusing it of breaching contract terms by refusing to sufficiently investigate consumers' fraud claims.
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May 10, 2024
X Corp.'s Data Scraping Suit Stymied By Copyright Act
A California federal judge has dismissed X Corp.'s suit accusing an Israeli company of mining and selling user data culled from its platform, noting that X's claims would allow it to block others from distributing publicly available user content and are preempted by the Copyright Act.
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May 10, 2024
Off The Bench: Ohtani Translator's Plea, NBA Star Tops Agent
In this week's Off The Bench, Shohei Ohtani's ex-interpreter will plead guilty, an NBA star wins in his clash with the agent who sought to represent him, and a tennis player who was abused by her former coach is awarded $9 million.
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May 10, 2024
No 'Piecemeal' Fees For Infant Data Win Amid 6th Circ. Appeal
A federal judge said Friday that he wouldn't award attorney fees to children who challenged Michigan's handling of blood samples collected in an infant health screening program until the state's Sixth Circuit appeal is resolved.
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May 10, 2024
Fuzzy Jurisdiction In Web Cases Has 1st Circ. Judge 'Worried'
A First Circuit judge has said uncertainty over how personal jurisdiction rules apply to cases involving the borderless internet may require action from Congress or the U.S. Supreme Court, expressing concern that website operators can "manipulate" the legal requirement in order to avoid accountability.
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May 09, 2024
Amazon Shakes Wash. Suit Premised On Calif. Wiretap Claims
A Washington federal judge has tossed a putative class action accusing Amazon.com Inc. of unlawfully recording chat conversations with consumers, finding that the plaintiff couldn't sustain a suit containing only California claims because the e-commerce giant's usage agreement makes clear that Washington law governs such disputes.
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May 09, 2024
Maryland Enacts Data Privacy, Kids' Digital Safety Laws
Maryland's governor on Thursday signed data privacy legislation that strictly limits the personal information that companies can collect from consumers and a separate bill to boost online safeguards for children that's modeled after a California bill that's currently embroiled in a constitutional challenge.
Expert Analysis
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Staying Ahead Of The AI Policymaking Curve
With artificial intelligence poised to be the hottest legislative and regulatory topic in 2024, expect the AI policymaking toolbox to continue to expand and evolve as stakeholders in the U.S. and abroad develop, deploy, use and learn more about these technologies, say attorneys at Hogan Lovells.
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The 7th Circ.'s Top 10 Civil Opinions Of 2023
Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2023, and explain how they may affect issues related to antitrust, constitutional law, federal jurisdiction and more.
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Employee Experience Strategy Can Boost Law Firm Success
Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.
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And Now A Word From The Panel: A Strong Year For MDLs
While the Judicial Panel on Multidistrict Litigation granted even fewer MDL petitions last year than in 2022, hitting a 21st-century low, a closer look at the record-setting number of total actions encompassed within current proceedings reveals that MDL practice is still quite robust, says Alan Rothman at Sidley.
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What Cos. Can Learn From 2023 Export Enforcement Report
A January report summarizing key actions and policy changes undertaken at the Office of Export Enforcement in 2023 is a valuable indicator of future government priorities and the factors companies should consider as they conduct export operations amid what may be a turbulent international trading environment in 2024, says Thaddeus McBride at Bass Berry.
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How Consumer Product Cos. Can Keep Up With Class Actions
Recent cases show California's federal courts and the Ninth Circuit remain the preferred arena for consumers pursuing false advertising and trade deception claims against companies — so manufacturers, distributors and retailers of consumer products should continue to watch these courts for guidance on how to fight class actions, say attorneys at Dechert.
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Series
Competing In Triathlons Makes Me A Better Lawyer
While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.
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What's In NY's Draft Guidance On AI Use In Insurance
Last week, the New York State Department of Financial Services released proposed guidance for insurers on the use of artificial intelligence systems and external consumer data and information sources for underwriting and pricing purposes, and these standards will likely help form the basis of an eventual nationwide insurance regulatory framework on AI, say attorneys at Sullivan & Cromwell.
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Mitigating Compliance And Litigation Risks Of Evolving Tech
Amid artificial intelligence and other technological advances, companies must prepare for the associated risks, including a growing suite of privacy regulations, enterprising class action theories and consumer protection challenges, and proliferating disclosure obligations, say attorneys at Eversheds Sutherland.
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Where Justices Stand On Chevron Doctrine Post-Argument
Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.
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Perspectives
6 Practice Pointers For Pro Bono Immigration Practice
An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.
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ECJ Ruling Triggers Reconsiderations Of Using AI In Hiring
A recent European Court of Justice ruling, clarifying that the General Data Protection Regulation could apply to decisions made by artificial intelligence, serves as a warning to employers, as the use of AI in recruitment may lead to more discrimination claims, say Dino Wilkinson and James Major at Clyde & Co.
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Lessons From Country Singer's Personal Service Saga
Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.
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New Tech, Old Tricks: How GCs Can Fight White Collar Crime
As emerging technologies like artificial intelligence and cryptocurrency provide bad actors with new avenues to commit classic crimes, general counsel should develop a strategy to future-proof their organizations against such threats and prepare for regulatory scrutiny, say directors at FTI Consulting.
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5 AI Risks For Corporate Boards To Examine
Whether companies are building their own artificial intelligence technology or leveraging third-party tools, their directors should get educated on certain legal issues and business risks to ensure the adoption of policies that foster responsible use of generative AI, say James Gatto and Tiana Garbett at Sheppard Mullin.