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Cybersecurity & Privacy
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December 05, 2024
Netflix Can't Get Midtrial Win In 'Our Father' Case
An Indiana federal judge on Thursday rejected Netflix's midtrial bid to escape a suit accusing it of negligently revealing the identities of the biological children of a rogue fertility doctor in the "Our Father" documentary, saying there was sufficient evidence for the jury to consider.
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December 05, 2024
Man Cops To $3.5M 'Cryptojacking' Scam Against Cloud Cos.
A Nebraska man admitted on Thursday to running a so-called "cryptojacking" scheme to defraud two cloud computing services out of $3.5 million of resources that were used to mine $1 million in cryptocurrency, according to the U.S. Department of Justice.
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December 05, 2024
Investors Sue Pegasystems In Corporate Espionage Case
Business software developer Pegasystems Inc. has been hit with allegations that it misled an asset management firm by concealing its use of illegal and unethical tactics to misappropriate competitor Appian Corp.'s trade secrets, which led to a since-overturned $2 billion Virginia state court judgment for unjust enrichment.
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December 05, 2024
Gov't Efficiency Push Is A 'New Day,' House Speaker Says
House Speaker Mike Johnson, R-La., spoke excitedly Thursday about the new government efficiency operation helmed by billionaire Elon Musk and former presidential candidate Vivek Ramaswamy and touted the budding bipartisan lineup of a congressional caucus that will work with it.
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December 05, 2024
Face-Swapping App Can't Ax Reality TV Star's Suit At 9th Circ.
The Ninth Circuit on Thursday refused to toss a reality TV star's proposed class action accusing a face-swapping app of misusing his likeness, finding his statutory right-of-publicity claim isn't preempted by the federal Copyright Act since the claim involves his likeness and "not a work of authorship."
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December 05, 2024
Pain Management Clinic Fined $1.19 Million for HIPAA Breach
The U.S. Department of Health and Human Services has fined a Florida pain management clinic $1.19 million for alleged HIPAA violations involving a former contractor that impermissibly accessed the clinic's electronic record system.
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December 05, 2024
Sens. Urge DOD To Beef Up Telecom Security After Cyberattack
The U.S. Department of Defense may not be doing enough to protect unclassified information from being intercepted by foreign spies, a bipartisan pair of U.S. senators have said.
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December 05, 2024
SpaceX Seeks Astronomical $350B Value, And More Rumors
SpaceX is in discussions for a transaction that could value the rocket and spacecraft maker at about $350 billion, the private equity owner of Crunch Fitness could sell the health club at a $1.5 billion value, and the management group looking to buy the Japanese owner of 7-Eleven may launch an IPO. Here, Law360 breaks down these and other notable deal rumors from the past week.
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December 05, 2024
Charter Settles For $1.1M After FCC Emergency Alert Probe
Charter has agreed to pay $1.1 million to end an investigation by the Federal Communications Commission into whether the cable giant failed to properly keep emergency alert devices online during an FCC test of the system last fall.
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December 05, 2024
Carriers Must Shield Networks From Attacks, FCC Chair Says
The head of the Federal Communications Commission called Thursday for "urgent action" from U.S. telecom carriers to protect their networks in the wake of the recent Salt Typhoon cyberattack, and said the agency could soon rule that telecoms are affirmatively required under law to try to prevent such intrusions.
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December 05, 2024
Barclays GC To Join A&O Shearman Cyber Team
A&O Shearman has tapped the current general counsel for Barclays Execution Services to co-head its global cybersecurity team, the firm announced Thursday, with the lawyer set to make the jump early next year.
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December 05, 2024
Sentencing Judge Wants Jail Healthcare Info In Threats Case
Saying he needed additional briefs on mental health treatments in federal prisons, a Connecticut federal judge on Thursday postponed sentencing a man who pled guilty to mailing more than 150 threatening letters to U.S. Supreme Court justices, state and federal judges, other officials and journalists.
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December 05, 2024
Smith Gambrell And Data Breach Victims Agree To Suit's End
International law firm Smith Gambrell & Russell LLP and two data breach victims have agreed to end a proposed class action against the firm in California federal court.
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December 05, 2024
Small Mass. Law Firm Settles Ex-Client's Data Breach Case
A small Massachusetts law firm has settled a proposed class action accusing it of negligence leading to a 2022 data breach, a Boston federal magistrate judge said Thursday.
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December 04, 2024
Ford Must Face Claims Over Vendor's Website Chat Access
A California federal judge has narrowed but refused to toss a revised putative class action accusing Ford Motor Co. of allowing a third-party software provider to eavesdrop on website chats, finding that the plaintiff had adequately alleged that the automaker was "aware" of the vendor's allegedly unlawful conduct.
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December 04, 2024
Meta Genocide Defense Spurs 'Yeah Right' From 9th Circ.
Ninth Circuit judges doubted Wednesday whether women fleeing genocide of the Rohingya people in Myanmar could have realistically investigated Facebook's role in spreading disinformation and called a lawyer, with one judge calling the defense argument "silly" and another judge responding, "yeah right."
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December 04, 2024
Keesal Young Sued Over Data Breach Affecting 316K People
Law firm Keesal Young & Logan failed to secure Social Security and passport numbers, medical information and other sensitive personal information of over 316,000 people and waited more than five months to inform potential victims of the data breach, a proposed class action filed Tuesday in California federal court alleges.
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December 04, 2024
Debt Relief Co. Agrees To Be Banned Under CFPB Settlement
The Consumer Financial Protection Bureau informed a California federal court that a purported debt relief services company and its owner have agreed to cease operations and pay civil penalties for allegedly charging customers illegal upfront fees.
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December 04, 2024
Yelp Blasts Paxton's Anti-Abortion Center Suit As 'Bad Faith'
Yelp is urging the Ninth Circuit to revive its bid to block Texas Attorney General Ken Paxton's lawsuit alleging the review service misinformed users with disclaimers about limited medical services at crisis pregnancy centers, arguing Wednesday it should've been allowed to pursue discovery to show Paxton sued in bad faith.
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December 04, 2024
9th Circ. Open To Reviving Wash. Profs' Email Privacy Suit
A Ninth Circuit panel on Wednesday expressed support for two University of Washington professors who allege their constitutional rights were violated by a state ethics board probe of their emails, with one judge saying he was troubled by the state's contention the professors' claims were merely speculative.
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December 04, 2024
Alex Jones Atty Needs 30-Day Suspension, Ethics Boss Says
The lead Connecticut attorney in Infowars host Alex Jones' Sandy Hook defamation trial should be suspended for 30 days for directing a subordinate to transmit the victims' personal medical records to other Jones attorneys, the state's legal ethics watchdog said Wednesday.
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December 04, 2024
Atlas Real Estate Biz Gets Initial OK On Data Breach Deal
A Colorado federal judge on Tuesday gave preliminary approval to a settlement between roughly 4,500 victims of a data breach and a real estate company that would see each proposed class member receive up to $5,000 in compensation.
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December 04, 2024
Outgoing FCC Chief Lacerates With A Grin At 'Telecom Prom'
Lawyers who gathered for the telecom bar's marquee yearly dinner Tuesday were treated to the traditional night of sardonic wit as the outgoing head of the Federal Communications Commission took aim at the new power structure looming in Washington, D.C.
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December 04, 2024
Colo. Judge Tosses Data Breach Suit Against Hospital Chain
A Colorado federal judge has dismissed a proposed data breach class action against hospital operator CommonSpirit Health, accepting a recommendation that found the lead plaintiff failed to allege any real injuries and therefore had no standing.
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December 04, 2024
FTC Slams IntelliVision's Facial Recognition Bias Claims
The Federal Trade Commission has ordered artificial intelligence facial recognition software maker IntelliVision Technologies to stop misrepresenting that its software was free of racial and gender bias.
Expert Analysis
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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.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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An Update On Legal Issues In The Drone Market
Marialuisa Gallozzi and Alex Slawson at Covington examine recent developments in the legal issues surrounding the growing drone market, including possible First Amendment protections, Fourth Amendment surveillance, and litigation involving criminal and civil penalties, evidentiary pursuits, and insurance.
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Compliance Pointers For Amended Pa. Data Breach Law
Recent updates to the Pennsylvania Breach of Personal Information Notification Act include a requirement that organizations alert the state's attorney general of certain consumer data breach notifications, and several incident response and cybersecurity considerations will be necessary to ensure compliance, say Matthew Meade and Laura Decker at Eckert Seamans.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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What To Make Of Dueling Corporate Transparency Act Rulings
Although challenges to the Corporate Transparency Act abound — as highlighted by recent federal court decisions from Alabama and Oregon taking opposite positions on its constitutionality — the act is still law, so companies should comply with their filing requirements or face the potential consequences, say attorneys at Lowenstein Sandler.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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California's AI Safety Bill Veto: The Path Forward
California Gov. Gavin Newsom's veto of a bill that sought to impose stringent regulations on advanced artificial intelligence model development has sparked a renewed debate on how best to balance innovation with safety in the rapidly evolving AI landscape, say Bobby Malhotra and Carson Swope at Winston & Strawn.
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New TCPA Rule Faces Uncertain Future Post-Loper Bright
The Federal Communications Commission's new rule aiming to eliminate lead generators' use of unlawful robocalls is now in doubt with the U.S. Supreme Court's Loper Bright decision, and the Eleventh Circuit's Insurance Marketing Coalition v. FCC is poised to be a test case of the agency's ability to enforce the Telephone Consumer Protection Act post-Chevron, say attorneys at Baker McKenzie.
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A Look At Calif.'s New AI Law For Health Insurers
A newly enacted California law prohibits artificial intelligence tools from making medical necessity determinations for healthcare service plans or disability insurers, addressing core questions that have arisen around AI's role in coverage decisions, say attorneys at DLA Piper.
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To Report Or Not To Report Others' Export Control Violations
A recent Bureau of Industry and Security enforcement policy change grants cooperation credit to those that report violations of the Export Administration Regulations committed by others, but the benefits of doing so must be weighed against significant drawbacks, including the costs of preparing and submitting a report, says Megan Lew at Cravath.