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Cybersecurity & Privacy
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September 23, 2024
PNC, Plaid End Legal Battle With Customer Data-Sharing Deal
PNC Financial Services Group and Plaid have reached an agreement to end nearly four years of trademark litigation that allows PNC customers to use Plaid to share their financial data with fintech companies like Venmo and Cash App.
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September 23, 2024
Edelson, Susman, Berger To Lead MultiPlan Collusion MDL
An Illinois federal judge on Monday tapped a team of lawyers from Edelson PC, Susman Godfrey LLP and Berger Montague PC to take the lead for plaintiffs in multidistrict litigation accusing MultiPlan and a host of insurers of colluding through the use of the data firm's pricing tools to systematically underpay out-of-network providers.
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September 23, 2024
Biden Admin Seeks To Ban Certain Chinese, Russian Car Tech
The Biden administration proposed a new policy Monday that would ban automakers from importing and selling vehicles in the U.S. with certain connectivity components made in China or Russia that pose national security risks, in an effort to protect U.S. infrastructure and American consumers.
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September 23, 2024
Wilkinson Barker Brings On FCC Deputy Bureau Chief In DC
A 12-year veteran of the Federal Communications Commission, who most recently was the deputy bureau chief of the agency's Wireline Competition Bureau, is returning to private practice as a partner with Wilkinson Barker Knauer LLP, the firm announced Monday.
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September 23, 2024
Telecoms Oppose Using Database Co.'s Do-Not-Originate List
A major telecommunications trade association is urging the Federal Communications Commission to reject suggested changes to its proposed anti-robocall rules, telling the commission that modifications recommended by telecom database company Somos could end up blocking legitimate calls.
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September 23, 2024
College Data Co. To Pay $10M In MOVEit Hack MDL
College student data company National Student Clearinghouse has agreed to pay nearly $10 million to exit multidistrict litigation stemming from the 2023 hack of Progress Software's MOVEit file transfer tool.
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September 23, 2024
Journalists Say EBay Can't ID Sources In Stalking Case
A Massachusetts couple who were harassed by a group of eBay Inc. employees over their negative blog posts about the company said they shouldn't have to turn over the names of confidential sources purportedly scared off by the ordeal.
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September 20, 2024
AGs Push To Can Google Privacy Deal With No Class Payout
Nearly two dozen Republican state attorneys general are urging the Ninth Circuit to scrap a data privacy deal that requires Google to pay $62 million to plaintiffs' counsel and third-party organizations but gives no money to individual class members, arguing that consumers aren't adequately benefiting from the settlement.
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September 20, 2024
Fla. Judge Trims Health Co. Data Breach MDL
The Florida federal judge overseeing the multidistrict litigation of a health benefits administration company impacted by a data breach dismissed several state consumer law claims but said those who brought lawsuits can sue, saying they've plausibly alleged injuries after their personal information was allegedly stolen by a cybercriminal group.
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September 20, 2024
FCC Launches $200M School, Library Cybersecurity Program
The Federal Communications Commission has begun rolling out a new cybersecurity program for schools and libraries under the E-Rate federal subsidy for "anchor" institutions, highlighting their increasing vulnerabilities to cyberattacks.
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September 20, 2024
Golf Course Co. Sued Again; Earlier Data Breach Case Axed
An Illinois-based golf course and hospitality management business faces a new lawsuit from a former employee for allegedly failing to protect its customers' personal information following an April breach, while a separate case against the business has been dismissed.
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September 20, 2024
Calif. Panel Backs VW Drivers' $3.5M Data Breach Deal
California appellate justices have upheld Volkswagen and Audi drivers' $3.5 million data breach settlement and rejected an objector's request to intervene and vacate judgment, finding that her disagreement with their litigation strategy doesn't mean her interests weren't adequately represented.
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September 20, 2024
BofA, Consumers Ink Deal To End COVID Card Fraud Claims
Bank of America informed a New Jersey court on Friday it has reached a settlement in principle with three consumers who launched a proposed class action over the bank's allegedly insufficient security measures affecting prepaid debit cards for unemployment benefits during the height of the COVID-19 pandemic.
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September 20, 2024
NYC Lexus Dealership Snags Partial Win In TCPA Text Suit
A Manhattan Lexus dealership was not using technology that violated the Telephone Consumer Protection Act's ban on autodialers, a New York federal judge has ruled, handing the dealership a partial win in a class action accusing it of bugging noncustomers with unsolicited texts.
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September 20, 2024
Avenatti Seeks Top Court Review Of Daniels ID Theft Verdict
Incarcerated celebrity attorney Michael Avenatti has asked the U.S. Supreme Court to review his conviction for misappropriating money from ex-client Stormy Daniels, claiming the Second Circuit's decision upholding the verdict runs afoul of precedent for identity-theft cases.
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September 20, 2024
Houston Judge Won't Take Up Prosecutor License Issue
A Houston judge declined to take up allegations that a government prosecutor participated in a case against a Texas surgeon while her law license was suspended, denying the doctor's show cause motion in a brief order Thursday.
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September 19, 2024
Dechert Settles Aviation Exec's Hack Cover-Up RICO Claims
An airline mogul has cut a confidential deal with Dechert and two former partners of the firm to let them off the hook in his sprawling civil Racketeer Influenced and Corrupt Organizations Act lawsuit in New York federal court, the settling parties announced Thursday.
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September 19, 2024
FTC's Holyoak Offers 'Alternative Vision' For Privacy, AI Work
The Federal Trade Commission needs to rein in its work on data privacy and artificial intelligence rather than pursue sweeping actions that exceed its regulatory authority and threaten to compromise the support and funding the agency gets from Congress, according to one of its Republican commissioners.
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September 19, 2024
Roblox Can't Ax Negligence Claims In Online Gambling Case
Roblox must face claims it was negligent for failing to shield minor players from gambling through its platform after a California federal judge ruled Thursday that the plaintiffs adequately alleged it was foreseeable that the players would head to online casinos and gamble away their digital currency known as "Robux."
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September 19, 2024
Scammers Bilked At Least $230M In Bitcoin, Feds Say
Two people were arrested and charged with conspiring to steal and launder at least $230 million in bitcoin, allegedly using online monikers like "Anne Hathaway" and "VersaceGod," federal prosecutors said Thursday.
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September 19, 2024
Filing After Bar Lapse Was Honest Mistake, Prosecutor Says
A Texas surgeon facing criminal charges for giving patient data to a media outlet regarding gender-affirming care provided to minors accused the government's lead prosecutor of taking the case while she had a suspended law license, a blunder the attorney called an unintentional error on Thursday.
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September 19, 2024
Insurers Wrestle With 'Cyberwar' Policy Exclusions
The evolving cyberinsurance market could be heading for a seismic shift if more insurers scale back standard business IT breach policies to limit the impact of state-backed cyberattacks on their bottom line.
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September 19, 2024
Tech Giants Falling Far Short On Data Privacy, FTC Says
Facebook, Amazon and other major social media and video streaming platforms are deploying "woefully inadequate" data privacy practices to protect users of all ages, highlighting the urgent need for tighter restrictions on how these companies collect, use and retain personal information, the Federal Trade Commission said in a staff report issued Thursday.
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September 18, 2024
Kids' Online Safety, Privacy Bills Move To House Floor
The House Energy and Commerce Committee on Wednesday advanced a pair of bipartisan bills aimed at enhancing children's digital safety and data privacy, despite several lawmakers voicing concerns with recent changes that a sponsor acknowledged left one measure a "weakened version" of the proposal that passed the U.S. Senate.
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September 18, 2024
AI Musician Denies Purported $10M Streaming Scam
A North Carolina man facing a novel fraud case alleging he used artificial intelligence on platforms like Apple Music, Spotify and YouTube to generate around $10 million in illegal revenues denied wrongdoing at his initial court appearance Wednesday in New York.
Expert Analysis
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Takeaways From Nat'l Security Division's Historic Declination
The Justice Department National Security Division's recent decision not to prosecute a biochemical company for an employee's export control violation marks its first declination under a new corporate enforcement policy, sending a clear message to companies that self-disclosure of misconduct may confer material benefits, say attorneys at Perkins Coie.
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Lessons From Epic's Dutch Fine For Unfair Marketing To Kids
Dutch regulators' imposition of a €1.1 million fine on Epic Games for unfair commercial practices targeting children marks a significant moment in the ongoing scrutiny of digital market practices, and follows an increased focus on children's online safety in the U.S. and European Union, say attorneys at Crowell & Moring.
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Opinion
California Has A Duty To Curtail Frivolous CIPA Suits
As plaintiffs increasingly file class actions against companies for their use of website tracking cookies and pixels, the Legislature should consider four options to amend the California Invasion of Privacy Act and restore the balance between consumer privacy and business operational interests, say Steven Stransky and Jennifer Adler at Thompson Hine and Glenn Lammi at the Washington Legal Foundation.
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Risks And Promises Of AI In The Financial Services Industry
Generative artificial intelligence has immense potential to revolutionize the financial services industry, but firms considering its use should first prepare to show their customers and the increasingly divided international regulatory community that they can manage the risks inherent to the new technology, say attorneys at Gibson Dunn.
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Playing The Odds: Criminal Charges Related To Sports Betting
In light of recent sports betting scandals involving MLB player Shohei Ohtani and NBA player Jontay Porter, institutions and individuals involved in athletics should be aware of and prepared to address the legal issues, including potential criminal charges, that sports gambling may bring to their door, say attorneys at Steptoe.
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Series
Playing Chess Makes Me A Better Lawyer
There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.
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Key FCC Enforcement Issues In AT&T Location Data Appeal
AT&T’s decision to challenge a $57 million fine from the Federal Communications Commission for its alleged treatment of customer location information highlights interesting and fundamental issues about the constitutionality of FCC enforcement, say Patrick O’Donnell and Jason Neal at HWG.
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Crafting An Effective Workplace AI Policy After DOL Guidance
Employers should take proactive steps to minimize their liability risk after the U.S. Department of Labor released artificial intelligence guidance principles on May 16, reflecting the reality that companies must begin putting into place policies that will dictate their expectations for how employees will use AI, say David Disler and Courtnie Bolden at Porzio Bromberg.
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How SEC Could Tackle AI Regulations On Brokers, Advisers
The U.S. Securities and Exchange Commission held an open meeting of its Investor Advisory Committee on June 6 to review the use of artificial intelligence in investment decision making, showing that regulators are being careful not to stifle innovation or implement rules that will quickly be made irrelevant after their passage, says Brian Korn at Manatt Phelps.
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Litigation Inspiration: Attys Can Be Heroic Like Olympians
Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.
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Unpacking NY's Revised Hospital Cybersecurity Rule Proposal
The New York State Department of Health's recently revised hospital cybersecurity rule proposal highlights increased expectations and scrutiny around cybersecurity in the healthcare sector, while adapting to both recent industry developments and public comments, say Christine Moundas and Gideon Zvi Palte at Ropes & Gray.
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What TikTok's Race Against The Clock Teaches Chinese Firms
The Biden administration's recent divestiture deadline on TikTok parent ByteDance provides useful information for other China-based companies looking to do business in the U.S., including the need to keep products for each market separate and implement firewalls at the design stage, says Richard Lomuscio at Stinson.
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Updated Federal Rules Can Improve Product Liability MDLs
The recent amendment of a federal evidence rule regarding expert testimony and the proposal of a civil rule on managing early discovery in multidistrict legislation hold great promise for promoting the uniform and efficient processes that high-stakes product liability cases particularly need, say Alan Klein and William Heaston at Duane Morris.
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Lean Into The 'Great Restoration' To Retain Legal Talent
As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.
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AI-Generated Soundalikes Pose Right Of Publicity Issues
Artificial intelligence voice generators have recently proliferated, allowing users to create new voices or manipulate existing vocals with no audio engineering expertise, and although soundalikes may be permissible in certain cases, they likely violate the right of publicity of the person who is being mimicked, says Matthew Savare at Lowenstein Sandler.