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Cybersecurity & Privacy
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October 16, 2024
BetterHelp Can't Ax Suit Over Sharing Data With Advertisers
A California federal judge has trimmed but refused to completely toss a consolidated putative class action accusing online counseling platform BetterHelp Inc. of unlawfully disclosing consumers' confidential information to third parties for advertising purposes, finding that newly added details boosted several of the plaintiffs' claims.
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October 16, 2024
NY's Financial Regulator Releases AI Cybersecurity Guidance
New York's Department of Financial Services issued new guidance Wednesday intended to give state-regulated financial institutions an outline for protecting against cybersecurity risks posed by artificial intelligence.
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October 16, 2024
Philips Says $12M Sanction Needed For Evidence Destruction
A spoliation sanctions hearing for around $12 million in royalty damages turned terse when the owner of a medical device equipment sale and servicing company seemingly hedged his statements, with a Texas federal judge saying, "Oh my gosh, just answer the question," during the Wednesday hearing.
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October 16, 2024
CenturyLink Seeks Erasure Of $140M Class Verdict
CenturyLink is asking for a new trial after a jury ordered it to pay more than $140 million for illegally running credit reports on customers looking for internet service on its website, telling an Arizona federal judge that no evidence from the case suggested that the company willfully violated the law.
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October 16, 2024
Sudanese Men Charged With Hacking Cedars-Sinai, Microsoft
California federal prosecutors announced Wednesday that two Sudanese brothers have been charged with operating a prolific hacking group that orchestrated tens of thousands of politically motivated cyberattacks against worldwide government agencies, Los Angeles' Cedars-Sinai Medical Center and companies including Microsoft, PayPal, Google and Netflix.
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October 16, 2024
Utah Groups Can't Scrap Corporate Transparency, US Says
A Utah federal court hasn't seen sufficient evidence to block the Corporate Transparency Act's disclosure requirements in presentations by an off-the-grid community, an online meat market and a trade group for cattle producers that have sued over the statute, the federal government said.
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October 16, 2024
Nerds, Laffy Taffy Maker Hit With Genetic Info Privacy Claims
The Illinois-based company behind popular candies such as Nerds, Laffy Taffy and SweeTarts probes job applicants' medical histories in violation of their genetic information privacy rights, according to a proposed class lawsuit filed Tuesday in Illinois state court.
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October 16, 2024
Clark Hill Adds Pair Of Taylor English Attys In Southeast
International law firm Clark Hill PLC has grown its Southeast presence with two former Taylor English Duma LLP attorneys in Atlanta and Florida, including Taylor English's former Mid- and North Florida Market managing partner.
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October 15, 2024
Meta Limits But Can't Shake Social Media Addiction MDL
A California federal judge on Tuesday refused to ax sprawling multidistrict litigation accusing Meta Platforms Inc. and other social media giants of designing their platforms to addict children, finding that a broad tech liability shield required claims pressed by dozens of state attorneys general to be narrowed but not tossed.
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October 15, 2024
Western Digital Had No Way Around Patent, Spex Chief Says
Western Digital owes between $5 and $8.50 per unit for infringing Spex's data security patent based on Spex's 2009 licensing deal with Kingston Technology, Spex's president told California federal jurors Tuesday, noting that Western Digital had no noninfringing alternative to implement hardware encryption in its storage devices.
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October 15, 2024
New Cybersecurity Rules Threaten Defense Industrial Base
The Pentagon's stringent new cybersecurity rule for its contractors threatens to drive away companies that may struggle with the added costs of compliance, while exacerbating concerns about an already-shrinking defense industrial base.
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October 15, 2024
Anti-Abortion Nonprofit Moves To Block NJ AG's Subpoena
An anti-abortion pregnancy center urged a New Jersey federal court Tuesday to immediately block Attorney General Matt Platkin's subpoena seeking information about its donors, arguing it will suffer irreparable harm if it is forced to comply before any of its constitutional claims are considered by the court.
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October 15, 2024
NC Lt. Gov. Sues CNN Over 'Black Nazi' Porn Site Story
North Carolina Lt. Gov. Mark Robinson brought a $50 million defamation suit Tuesday accusing CNN of publishing "disgusting lies" about his alleged posts on a porn site in a coordinated attempt to damage the socially conservative Republican's gubernatorial campaign.
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October 15, 2024
Google Seeks To Pause Play Store Injunction Amid Appeal
Google has urged a California federal judge to issue an immediate stay in its antitrust battle with Epic Games Inc. that would pause a three-year injunction requiring Google to open up its Play Store to competing app stores pending the outcome of its Ninth Circuit appeal.
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October 15, 2024
LA Injury Law Firm Sued Over Unsolicited Robocalls
A California man is suing Los Angeles-based personal injury firm Wilshire Law PLC in federal court, alleging the firm is violating the Telephone Consumer Protection Act by making unsolicited robocalls to drum up business.
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October 15, 2024
LabCorp Gets Google Health Info Suit Sent To Arbitration
Laboratory Corporation of America succeeded in its bid to have a patient privacy lawsuit handled by arbitration, after a Pennsylvania federal judge ruled that users of the company's website who sued it for allegedly sharing sensitive information with Google agreed to arbitration by using the patient portal.
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October 15, 2024
PE-Backed Ingram Micro Leads 2 IPOs Seeking $466M Total
Private equity-backed information technology company Ingram Micro Holding Corp. on Tuesday unveiled a price range on an estimated $400 million initial public offering set to price next week, one of two companies to launch plans for IPOs that could net $466 million combined.
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October 15, 2024
Atty Says Appellate Co.'s Ads Look Like Case Updates
A California attorney has launched a proposed class action against appellate case management company Record Press in California federal court alleging that the New York-based company sends lawyers spam emails that deceptively appear to be important updates about ongoing litigation.
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October 15, 2024
Lit Funder-Backed Co. Says NJ Judicial Privacy Law Is Valid
A New Jersey judicial privacy law is not unconstitutional since it requires that defendants act negligently by knowingly violating the law, a data privacy company said in seeking to prevent the dismissal of dozens of lawsuits, which the company also acknowledged are being funded by third-party litigation funder Parabellum Capital LLC.
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October 15, 2024
2nd Circ. Says 'Robust' Video Privacy Law Covers NBA Suit
The Second Circuit on Tuesday endorsed a broad reading of a decades-old video privacy law in the modern internet age as it revived a proposed class action against the NBA by one of its free newsletter subscribers who claimed the league's website unlawfully shared his viewing information with Facebook.
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October 15, 2024
Law Firms Diverge As Anti-ESG Pushback Continues
A continuing onslaught of legislation and litigation opposing corporate environmental, social and governance actions has created a fork in the road for law firms, with some choosing to scale back efforts and others pushing ahead with their internal ESG and diversity, equity and inclusion goals.
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October 15, 2024
The 2024 Law360 Pulse Social Impact Leaders
Check out our Social Impact Leaders ranking, analysis and interactive graphics to see which firms stand out for their engagement with social responsibility and commitment to pro bono service.
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October 15, 2024
DHS Chief Privacy Officer Joins Frost Brown Todd In DC
Frost Brown Todd LLP has hired the chief privacy officer and chief Freedom of Information Act officer for the Department of Homeland Security, who is joining the firm's practice focused on internet data and technology, the firm announced Tuesday.
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October 15, 2024
Ill. Home Health Kickbacks Ruling Intact After Justices Pass
The nation's top court said Tuesday it won't review a Seventh Circuit decision largely affirming that a home health care company broke federal kickback laws, leaving intact its holding that the company must pay millions in damages.
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October 11, 2024
High Court's TCPA Grant Set To Broaden Loper Bright's Blow
On the heels of the U.S. Supreme Court dealing a major blow to the power of federal agencies to interpret laws, the justices are poised to again boost judicial authority and potentially release a torrent of litigation challenging the established tome of regulations crafted under the Telephone Consumer Protection Act.
Expert Analysis
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Election Outlook: A Precedent Primer On Content Moderation
With the 2024 election season now in full swing, online platforms will face difficult and politically sensitive decisions about content moderation, but U.S. Supreme Court decisions from last term offer much-needed certainty about their rights, say Jonathan Blavin and Helen White at Munger Tolles.
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What BIPA Reform Law Means For Biometrics Litigation
A recently signed Illinois law amending the Biometric Information Privacy Act limits defendants' liability exposure on a per-scan basis and clarifies that electronic signatures constitute a valid written release, establishing additional issues that courts will need to address in future BIPA litigation, say attorneys at Faegre Drinker.
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6 Considerations To Determine If A Cyber Incident Is Material
The U.S. Securities and Exchange Commission's recent guidance on material cybersecurity incidents covers a range of ransomware scenarios, from a company paying a sum and regaining operations to recovering payment via cyberinsurance, but makes it clear that no single factor determines whether a cybersecurity incident is material, say attorneys at Troutman Pepper.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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Series
After Chevron: What To Expect In Consumer Protection At FTC
Although the Federal Trade Commission's bread-and-butter consumer protection law enforcement actions are unlikely to be affected, the Loper Bright decision may curb the FTC's bolder interpretations of the statutes it enforces, says Mary Engle at BBB National Programs.
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The Ethics of Using Generative AI In Environmental Law
The rapid emergence of generative artificial intelligence tools is challenging environmental lawyers, consultants and government agencies to determine when and how these tools can be responsibly, ethically and productively integrated into their practices to streamline research, predictive analytics and regulatory compliance, say Ahlia Bethea and Pamela Esterman at Sive Paget.
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RealPage Suit Shows Growing Algorithm, AI Pricing Scrutiny
The U.S. Department of Justice's suit against RealPage for helping fix rental rates, filed last week, demonstrates how the use of algorithmic and artificial intelligence tools to assist with pricing decisions is drawing increasing scrutiny and action across government agencies, and specifically at the Federal Trade Commission and the DOJ, say Andre Geverola and Leah Harrell at Arnold & Porter.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.
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CrowdStrike Incident Highlights Third-Party Risk For Banks
The global business disruptions caused by CrowdStrike's faulty software update last month serves as a reminder that banks should assess operational and compliance risks associated with third-party service providers and create resiliency plans extending down to fourth- and fifth-level providers, says Craig Landrum at Jones Walker.
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Foreign Threat Actors Pose Novel Risks To US Tech Cos.
A recent bulletin jointly issued by several U.S. intelligence agencies warns technology startups and the venture capital community about national security risks posed by foreign threat actors, so companies interested in raising foreign capital should watch for several red flags, say Robert Friedman and Jacob Marco at Holland & Knight.
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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Class Actions At The Circuit Courts: August Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers certification cases touching on classwide evidence of injury from debt collection practices, defining coupon settlements under the Class Action Fairness Act, proper approaches for evaluating attorney fee awards in class action settlements, and more.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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4 Steps To Address New Sanctions Time Bar Extension
Recent guidance from the Office of Foreign Assets Control clarifies details of the newly extended statute of limitations for civil and criminal enforcement of U.S. sanctions law, so compliance teams should implement key updates, including to lookback periods and recordkeeping policies, say attorneys at Freshfields.
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Incident Response Lessons From The CrowdStrike Failure
CrowdStrike's incident highlights a growing problem within modern digital infrastructures — single points of failure that cause widespread disruption when things go wrong — so organizations should carefully review their digital infrastructure to identify unique areas of exposure or vulnerability, say Erik Dullea at Husch Blackwell and Kip Boyle at Cyber Risk Opportunities.