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Cybersecurity & Privacy
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July 09, 2024
$2.4 Million Crate & Barrel BIPA Deal Gets Final OK
A Cook County judge on Tuesday gave his final signoff to a $2.4 million deal ending litigation accusing Crate & Barrel of violating Illinois' biometric privacy law by requiring employees at its stores to scan their fingerprints to track their time worked without first securing their written, informed permission.
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July 08, 2024
Shopify Privacy Ruling Threatens AGs' Work, 9th Circ. Told
Attorneys general from 30 states and the District of Columbia, along with a trio of California city attorneys, are calling on the Ninth Circuit to revive a proposed class action accusing payment processing company Shopify of collecting shoppers' sensitive information without permission, arguing that the dispute threatens to deprive them of their ability to enforce their states' consumer protection laws.
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July 08, 2024
Paxful Co-Founder Admits Anti-Money Laundering Failures
Paxful co-founder Artur Schaback faces a maximum penalty of five years in prison after he pled guilty in California federal court Monday to conspiring to do without effective anti-money laundering policies for the cryptocurrency exchange platform, the U.S. Department of Justice announced.
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July 08, 2024
UnitedHealth Brass Face Investor Suit Over Merger Probe
Executives and directors of UnitedHealth Group were hit on Monday with a shareholder derivative suit alleging they concealed that the U.S. Department of Justice reopened an antitrust investigation into the health insurance giant following its acquisition of a healthcare data company and that its brass knowingly sold more than $100 million of shares before the information was publicly revealed.
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July 08, 2024
Orgs Worry FCC Could Overreach On Network Security
The Federal Communications Commission should rein in its plans to impose new security rules regarding the crucial routing technology used by the internet, lest it prompt other countries to devise their own and start a domino effect, two internet security advocates have told the agency.
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July 08, 2024
DraftKings Hiding Ball On Noncompete Law, 1st Circ. Told
A former DraftKings executive fighting a noncompete so he can work for rival sports-betting upstart Fanatics has told the First Circuit his ex-employer is overlooking the importance of a California law that could unwind the restrictive covenant.
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July 08, 2024
Trump's Mar-a-Lago Case Slowed After Immunity Ruling
The Florida federal judge overseeing Donald Trump's criminal case over retaining classified national security documents at Mar-a-Lago after leaving the White House temporarily halted some proceedings following the U.S. Supreme Court's presidential immunity ruling, and also denied a motion to dismiss the superseding indictment against Trump's personal aide.
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July 08, 2024
Settlement Details Demanded In Insurer Data Breach Action
Following news of a settlement, a North Carolina federal judge ordered parties in a proposed data breach class action to tell the court the status of their agreement, after allegations that an insurance company's data breach led to the compromise of personal information for 64,000 people.
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July 05, 2024
Calif. Privacy Agency Floats Data Broker Registry Rules
California's privacy agency on Friday kick-started the process for formalizing rules to guide data brokers on how to properly register under a groundbreaking state law that imposes significant new data deletion and disclosure obligations on these companies.
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July 05, 2024
Peloton Must Face Wiretapping Suit Over AI-Training Chat Tool
A California federal judge refused Friday to toss a proposed class action alleging Peloton uses third-party software Drift to secretly eavesdrop on its website users' communications through its chat box function, ruling that the complaint plausibly alleges Drift functions as a third-party eavesdropper and uses intercepted communications to train artificial-intelligence tools.
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July 05, 2024
9th Circ. Backs Remand Of Cedars-Sinai Patient Data Suits
The Ninth Circuit held Friday that a trio of proposed class actions accusing Cedars-Sinai of improperly sharing patients' personal information with tech companies indeed belong in California state court, agreeing with a lower court that the health provider wasn't acting at the direction of the federal government.
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July 05, 2024
How Reshaped Circuit Courts Are Faring At The High Court
Seminal rulings from the U.S. Supreme Court's latest term will reshape many facets of American society in the coming years. Already, however, the rulings offer glimpses of how the justices view specific circuit courts, which have themselves been reshaped by an abundance of new judges.
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July 05, 2024
Breaking Down The Vote: The High Court Term In Review
The U.S. Supreme Court's lethargic pace of decision-making this term left the justices to issue a slew of highly anticipated and controversial rulings during the term's final week — rulings that put the court's ideological divisions on vivid display. Here, Law360 takes a data dive into the numbers behind this court term.
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July 05, 2024
High Court Flexes Muscle To Limit Administrative State
The U.S. Supreme Court's dismantling of a 40-year-old judicial deference doctrine, coupled with rulings stripping federal agencies of certain enforcement powers and exposing them to additional litigation, has established the October 2023 term as likely the most consequential in administrative law history.
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July 05, 2024
The Sharpest Dissents From The Supreme Court Term
The U.S. Supreme Court's session ended with a series of blockbuster cases that granted the president broad immunity, changed federal gun policy and kneecapped administrative agencies. And many of the biggest decisions fell along partisan lines.
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July 05, 2024
5 Moments That Shaped The Supreme Court's Jan. 6 Decision
When the high court limited the scope of a federal obstruction statute used to charge hundreds of rioters who stormed the Capitol, the justices did not vote along ideological lines. In a year marked by 6-3 splits, what accounts for the departure? Here are some moments from oral arguments that may have swayed the justices.
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July 05, 2024
The Funniest Moments Of The Supreme Court's Term
In a U.S. Supreme Court term teeming with serious showdowns, the august air at oral arguments filled with laughter after an attorney mentioned her plastic surgeon and a justice seemed to diss his colleagues, to cite just two of the term's mirthful moments. Here, we look at the funniest moments of the term.
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July 05, 2024
Walmart Again Gets FTC's Money Transfer Suit Trimmed
An Illinois federal judge has again pared down the Federal Trade Commission's allegations that Walmart violated consumer protection laws by knowingly processing more than $200 million in fraudulent money transfers, dismissing the FTC's Telemarketing Sales Rule allegations but keeping intact other claims under the FTC Act.
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July 05, 2024
H&R Block Users Must Arbitrate Meta Privacy Claims
Two H&R Block customers must arbitrate their claims that the company shared their private data with Meta Platforms Inc. and Google, a Pennsylvania federal court ruled, saying they agreed to arbitrate any disputes under the tax services provider's terms of agreement.
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July 05, 2024
Trump Urges Halt To Mar-A-Lago Case, Citing Immunity Ruling
Former President Donald Trump urged a Florida federal judge Friday to pause the criminal case that accuses him of illegally retaining classified documents at his Mar-a-Lago residence after leaving the White House, citing a recent U.S. Supreme Court ruling that said he might be immune to charges related to official acts.
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July 05, 2024
Ex-BigLaw Atty Settles Defamation Suit Against Influencer
Former Greenberg Traurig LLP partner Allan A. Kassenoff has settled his $150 million defamation lawsuit against the social media influencer Kassenoff claims ruined his life by lying about his nightmarish divorce.
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July 05, 2024
The Firms That Won Big At The Supreme Court
This U.S. Supreme Court term featured high-stakes oral arguments on issues including gerrymandering, abortion and federal agency authority, and a hot bench ever more willing to engage in a lengthy back-and-forth with advocates. Here's a look at the law firms that argued the most cases and how they fared.
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July 05, 2024
Cybersecurity Firm Noventiq Kills Plans To List Via SPAC Deal
London-based cybersecurity services provider Noventiq Holdings PLC and blank-check company Corner Growth Acquisition Corp. have canceled their plans to merge in a deal that sought to take Noventiq public in the U.S. at an estimated $1 billion value, citing market conditions.
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July 05, 2024
PruittHealth Hit With Data Breach Class Action
Southeastern healthcare provider PruittHealth Inc. was hit with a proposed class action this week alleging that the company's flimsy security protocols led a North Carolina woman and more than 56,000 others to have their personal information stolen in a 2023 data breach.
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July 03, 2024
Bowling Co. Seeks $3.6M In Atty Fees From Former Exec
One of the world's largest bowling operations asked a Virginia federal judge to award $3.6 million in legal fees stemming from a lawsuit that accuses the company's former chief information officer of repeatedly hacking into its CEO's email.
Expert Analysis
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Assessing Chinese Cross-Border Data Transfers
Jet Deng and Ken Dai at Dacheng unpack the regulatory framework for cross-border data transfers in China, detailing the major systems at play, last year's policy adjustments, and an outlook and practice tips for businesses.
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Think Like A Lawyer: Forget Everything You Know About IRAC
The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.
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The Corporate Transparency Act Isn't Dead Yet
After an Alabama federal court's ruling last week rendering the Corporate Transparency Act unconstitutional, changes to the law may ultimately be required, but ongoing compliance is still the best course of action for most, says George Singer at Holland & Hart.
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The Pros And Cons Of Protecting AI As Trade Secrets
Despite regulatory trends toward greater transparency of artificial intelligence models, federal policy acknowledges, and perhaps endorses, trade secret protection for AI information, but there are still hurdles in keeping AI information a secret, say Jennifer Maisel and Andrew Stewart at Rothwell Figg.
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Conn. Data Privacy Enforcement Takeaways For Cos.
In light of the Connecticut attorney general's recently released report on its enforcement of the Connecticut Data Privacy Act, which focuses on companies' privacy policies, protections of sensitive data and more, businesses can expect increased enforcement scrutiny — especially in areas that are the subject of consumer complaints, say Paul Pittman and Abdul Hafiz at White & Case.
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How Firms Can Ensure Associate Gender Parity Lasts
Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.
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Regulatory Trends Offer 4 Lessons For Debt Relief Providers
A string of enforcement actions, including a New York lawsuit filed last month by seven states and the Consumer Financial Protection Bureau, underscore the regulatory scrutiny that debt relief and credit repair companies face and offer important lessons on telemarketing and deceptive practices compliance, say attorneys at Sheppard Mullin.
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Bracing Cos. For Calif. Privacy Agency's Restored Authority
A recent California state appeals court decision greenlights the California Privacy Protection Agency's enforcement of certain consumer privacy regulations, which may speed up compliance requirements, so businesses considering use of artificial intelligence, for instance, may want to reassess their handling of privacy notices and opt-out requests, say Kevin Angle and Matthew Cin at Ropes & Gray.
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7 Common Myths About Lateral Partner Moves
As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.
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2 Emerging Defenses For Website Tracking Class Actions
Putative class actions premised on state wiretapping statutes that bar website activity tracking continue to be on the rise, but they are increasingly being dismissed on two procedural grounds, says Sheri Pan at ZwillGen.
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No AI FRAUD Act Is A Significant Step For Right Of Publicity
The No Artificial Intelligence Fake Replicas and Unauthorized Duplications Act's proposed federal right of publicity protection, including post-mortem rights, represents a significant step toward harmonizing the landscape of right of publicity law, Rachel Hofstatter and Aaron Rosenthal at Honigman.
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Series
Cheering In The NFL Makes Me A Better Lawyer
Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.
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Keeping Up With Class Actions: Data Breach Litigation In Flux
In this monthly look at notable class action decisions, Gerald Maatman at Duane Morris examines a recent mixed-bag data breach ruling from an Illinois federal court — in the context of case law developments over the last year — which illustrates the range of issues confronting litigants going forward.
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Considerations For Disclosing AI Use In SEC Filings
Recent remarks from U.S. Securities and Exchange Commission Chair Gary Gensler should be heard as a clarion call for public companies to disclose artificial intelligence use, with four takeaways on what companies should disclose, says Richard Hong at Morrison Cohen.
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Using Arbitration And Class Waivers As Privacy Suit Tools
Amid a surge in data breach class actions over the last few years, several federal court decisions indicate that arbitration clauses and class action waiver provisions can be possible alternatives to public court battles and potentially reduce the costs of privacy litigation, say Mark Olthoff and Courtney Klaus at Polsinelli.