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Cybersecurity & Privacy
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November 01, 2024
Amazon Denies Alexa Spying Claims, Seeking Class Suit Win
Amazon is trying to stamp out a proposed class action in Washington federal court brought by Alexa users who claim the device surreptitiously recorded their personal conversations, saying years of discovery has shown audio from their accidental device activations was never exploited by the company or even subject to human review.
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November 01, 2024
Taco Bell Franchisee Insurers Want Out Of BIPA Suit Coverage
Two Nationwide units told an Illinois federal court they owe no coverage to two Taco Bell franchisees facing a proposed class action alleging that they violated the Illinois Biometric Information Privacy Act, invoking three separate exclusions in the franchisees' commercial general liability and umbrella policies.
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November 01, 2024
Ex-Mohawk IT Exec Cops To $1.8M Ripoff Of Flooring Co.
Days before he was set to face trial, flooring giant Mohawk's former head of information technology pled guilty Friday to eight wire fraud and conspiracy charges for running a third-party vendor scheme that ripped off his employer to the tune of $1.8 million.
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November 01, 2024
Judge In Philly Inquirer Data Sharing Case Won't Join Class
The Pennsylvania federal judge overseeing a consolidated action accusing the Philadelphia Inquirer of sharing subscribers' video viewing habits with Meta is eligible to join the class, but has decided to renounce his right to class membership in order to continue being the judge.
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November 01, 2024
Up Next At High Court: Fed Funds And Securities Risks
The U.S. Supreme Court will return to the bench Monday for its November arguments session, which will start off with a debate over whether the Federal Communications Commission telecom subsidy program involves federal funds subject to the False Claims Act, and on Tuesday how Medicare funding should be calculated for hospitals that serve large numbers of low-income patients.
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November 01, 2024
Chinese National Stole Investment Firm's Code, Feds Say
A Chinese national has been indicted on charges he stole trade secrets from his employer, an unnamed global investment management company in Boston, to set up his own firm in China.
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November 01, 2024
MVP: Cooley's Travis LeBlanc
Cooley LLP partner Travis LeBlanc secured the dismissal of groundbreaking litigation accusing Google of unlawfully eavesdropping on Verizon users' calls through a customer service product powered by generative artificial intelligence, earning him a spot among the 2024 Law360 Cybersecurity & Privacy MVPs.
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October 31, 2024
1st Amendment Protects 'Nevermind' Album Art, Judge Told
The First Amendment protects Nirvana's 1991 "Nevermind" album art, the Recording Industry Association of America has told a California federal court in an amicus brief, warning that allowing child pornography claims by the man featured naked as a baby in the artwork threatens to broadly chill artistic expression.
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October 31, 2024
Fed. Circ. Backs PTAB Invalidation Of 3 Centripetal Patents
The Federal Circuit on Thursday upheld a set of Patent Trial and Appeal Board decisions that found three Centripetal Networks patents that cover detecting network threats were invalid, agreeing they were too obvious to warrant patent protection.
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October 31, 2024
6th Circ. Wrestles With Reach Of FCC's Net Neutrality Powers
Sixth Circuit judges on Thursday sought to clear up what one described as a "close call" over how much authority Congress gave the Federal Communications Commission to regulate internet traffic when lawmakers overhauled telecommunications law in 1996.
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October 31, 2024
Megan Thee Stallion Sues Over Trial Lies, Deepfake Porn
Hip-hop artist Megan Thee Stallion sued a social media personality in Florida federal court for allegedly acting as a paid surrogate of her convicted shooter, fellow rapper Tory Lanez, to spread lies about the trial and for promoting an AI-generated pornographic video that appears to depict her.
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October 31, 2024
Centripetal's $151.5M Patent Award Slashed To $113.6M
A Virginia federal judge has ruled that cybersecurity company Palo Alto Networks didn't infringe one of the patents in a case where a jury awarded rival Centripetal $151.5 million, reducing that amount to $113.6 million.
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October 31, 2024
Copyright Office Says Rest Of AI Report To Come By Year End
The U.S. Copyright Office plans to submit the remainder of a report on the intersection of artificial intelligence and copyright law by the end of the year, the office told House lawmakers who expressed concern over what they said were late submissions.
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October 31, 2024
Meta Users Fight Uphill For Cert., But Advertisers Have A Shot
A California federal judge who was asked to certify two classes in litigation alleging that Facebook parent Meta Platforms monopolized the social media advertising market and misused users' data said Thursday that the users' damage theory wasn't "plausible," but appeared open to the advertisers' claim they suffered the same alleged injury.
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October 31, 2024
What DOJ's New National Security Obsession Means For Attys
The Justice Department’s emerging criminal crackdown on corporate national security violations is putting increased pressure on white collar lawyers to be conversant, if not experts, on opaque, complex and swiftly evolving regulations.
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October 31, 2024
Health District Must Face Cyberattack Suit, Wash. Judges Say
A municipal health department in Washington is back on the hook in litigation over a cyberattack that affected nearly 109,000 individuals, thanks to a precedential ruling by a state appellate court Thursday reviving claims that the department was negligent in storing patients' personal information.
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October 31, 2024
Rap Promoter Gets 3 Years In Stolen Credit Card Scam
A Chicago-based rap promoter received a nearly three-year prison term for his role in a nationwide scam in which prosecutors say he and four others, including rapper G Herbo, used stolen credit cards for personal luxuries.
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October 31, 2024
The 2024 Law360 Pulse Leaderboard
Check out the Law360 Pulse Leaderboard to see which firms made the list of leaders in all-around excellence this year.
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October 31, 2024
Firms' Hiring Strategies Are Evolving In Fight For Top Spot
Competition for top talent among elite law firms shows no signs of slowing down, even amid economic uncertainty, with financially strong firms deploying aggressive strategies to attract and retain skilled professionals to solidify their market position.
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October 31, 2024
Meta Says CFPB Mulling Enforcement Action Over Advertising
Meta, the parent company of Facebook and Instagram, said Thursday that it is facing a potential Consumer Financial Protection Bureau enforcement action following an agency probe into financial-related advertising on its platform.
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October 31, 2024
MVP: Latham's Serrin Turner
Serrin Turner of Latham & Watkins LLP led the team that recently succeeded in gutting a landmark U.S. Securities and Exchange Commission case against software developer SolarWinds Corp., earning him a spot as one of the 2024 Law360 Cybersecurity and Privacy MVPs.
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October 30, 2024
Doctor Denied Access To Grand Jury Materials In HIPAA Case
A Houston federal judge has denied a motion from a pediatric surgeon who asked for access to grand jury materials in his case involving alleged HIPAA violations, issuing a brief order without further explanation.
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October 30, 2024
Capital One Says It Disclosed Sale Of Consumer Account Data
Capital One has urged a California federal judge to toss a proposed class action alleging that it surreptitiously disclosed the personal financial information of millions of consumers to Meta, Google, Microsoft and other third parties without consumers' consent, saying it "fully disclosed" to customers the bank's use of routine marketing and analytics software.
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October 30, 2024
Bernstein Litowitz, NYS Fund Rep CrowdStrike Investor Class
Bernstein Litowitz Berger & Grossmann LLP will represent a putative class of CrowdStrike investors in litigation alleging the cybersecurity company mischaracterized the risk of seeing a major outage like the one it faced in July.
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October 30, 2024
Google's Bid To Depose AG Has Texas Appeals Judge 'Extremely Troubled'
A Texas appeals court raised concerns about Google's claim that it had the right to depose the Texas Office of the Attorney General, with a justice saying during oral arguments Wednesday that giving Google a green light to interview lawyers representing the state could open a legal can of worms.
Expert Analysis
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Lead Like 'Ted Lasso' By Embracing Cognitive Diversity
The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.
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3 Areas Of Enforcement Risk Facing The EV Industry
Companies in the EV manufacturing ecosystem are experiencing a boom in business, but with this boom comes increased regulatory and enforcement risks, from the corruption issues that have historically pervaded the extractive sector to newer risks posed by artificial intelligence, say attorneys at MoFo.
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Nat'l Security Considerations For Telecom Products Counsel
An increase in federal national security measures in the telecommunications space, particularly from the Federal Communications Commission, means that products counsel need to broaden their considerations as they advise on new products and services, says Laura Stefani at Venable.
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Preparing For Increased Scrutiny Of Tech Supply Chains
The U.S. Department of Commerce's recent action prohibiting sales of a Russia-based technology company's products in the U.S. is the first determination under the information technology supply chain rule, and signals plans to increase enforcement of protections that target companies in designated foreign adversary jurisdictions, say attorneys at Debevoise.
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5 Steps To Protect Your Business From Spoofed Email Fraud
In today's digital landscape, spoofed email fraud poses a significant threat to businesses, so specifying clear payment instructions and implementing robust verification protocols, among other steps, can significantly reduce the risk of falling victim to email fraud, says Bill Wagner at Taft.
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Cyber Incident Response Checklist For SEC Compliance
In light of recent guidance from the U.S. Securities and Exchange Commission, which clarified the distinction between two types of cybersecurity incident disclosures, companies should align their materiality assessment, incident response and disclosure control processes to bolster compliance and provide a measure of protection, say attorneys at Troutman Pepper.
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Playing The Odds: Probing Sports Betting Allegations
With gambling-related controversies becoming a mainstay of the athletics landscape, it's essential for in-house and outside counsel to stay abreast of best practices for conducting sports betting investigations, say attorneys at Steptoe.
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Opinion
Now More Than Ever, Lawyers Must Exhibit Professionalism
As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.
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How Tech Trackers May Implicate HIPAA After Hospital Ruling
A recent Texas federal court order in American Hospital Association v. Becerra adds a legal protection on key data, clarifying when tracking technologies implicate the Health Insurance Portability and Accountability Act, so organizations should ensure all technology used is known and accounted for, say John Howard and Myriah Jaworski at Clark Hill.
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Series
Serving In The National Guard Makes Me A Better Lawyer
My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.
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A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.
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Mitigating Risks Amid 10-Year Sanctions Enforcement Window
In response to recent legislation, which doubles the statute of limitations for actions related to certain U.S. sanctions and provides regulators greater opportunity to investigate possible violations, companies should take specific steps to account for the increased civil and criminal enforcement risk, say attorneys at Freshfields.
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M&A In The AI Era: Key Deal Terms To Watch
As the artificial intelligence market matures, so will due diligence needs, as M&A deals aimed at consolidation and new synergies raise unique legal and regulatory challenges, including potential antitrust and national security reviews, say attorneys at Skadden.
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Opinion
States Should Loosen Law Firm Ownership Restrictions
Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.
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Navigating The Extent Of SEC Cybersecurity Breach Authority
The U.S. Securities and Exchange Commission's broad reading of its authority under Section 13(b)(2)(B) of the Securities Exchange Act in the R.R. Donnelley and SolarWinds actions has ramifications for companies dealing with cybersecurity breaches, but it remains to be seen whether the commission's use of the provision will withstand judicial scrutiny, say attorneys at Sullivan & Cromwell.