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Cybersecurity & Privacy
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November 19, 2024
11th Circ. Weighs Whether Tornado Cash Sanctions Overreach
An Eleventh Circuit panel on Tuesday dove deep into the mechanisms of cryptocurrency mixing service Tornado Cash as the judges weighed whether government sanctions intended to curb illicit finance on the protocol are permitted under the law.
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November 19, 2024
Cannabis Bag Co.'s Suit Against Marketing Firm Survives
The manufacturer of specialized bags used to store marijuana will get to proceed with its lawsuit against a cannabis industry–focused branding firm, a federal judge in Seattle ruled, saying the suit plausibly claims the marketing agency buried the manufacturer's online search ranking by crashing its website.
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November 19, 2024
AI School Tech Founder Stole $10M From Investors, DOJ Says
The founder of AllHere Education Inc., a startup venture that sold artificial intelligence-powered chatbots to schools, is charged with fleecing investors out of nearly $10 million by lying about the company's revenue and using some of the money to pay for her wedding and a house, New York federal prosecutors announced Tuesday.
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November 19, 2024
32 State AGs Urge Congress To Back Kids' Online Safety Bill
More than 30 state attorneys general urged federal lawmakers to back bipartisan legislation aimed at bolstering youth safety online, writing a letter Monday encouraging Congress to "act to aid our state-level efforts" which included opening investigations and commencing with litigation against social media companies like TikTok and Meta.
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November 19, 2024
DOJ Effort To Force Google Chrome Sale Draws Criticism
Google's regulatory chief and at least one trade group are blasting a reported push from the U.S. Department of Justice to seek expansive remedies and potentially force a sale of Google Chrome in an ongoing court battle with the tech giant.
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November 19, 2024
NC Lt. Gov.'s Defamation Spat With CNN Tapped For Mediation
North Carolina Lt. Gov. Mark Robinson, a 2024 gubernatorial candidate who sued CNN over a story about his alleged posts on a porn site, is having his defamation case moved to mediation, according to a Tuesday filing.
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November 19, 2024
Chicago Transit Authority Hit With Genetic Privacy Lawsuit
The Chicago Transit Authority is facing a new lawsuit in Illinois state court that was brought by job applicants, who allege the agency's questions about family medical histories violated an Illinois law barring employers from asking about genetic information and using it to make employment decisions.
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November 19, 2024
Cigna In-House Atty Joins Akerman In Chicago
Akerman LLP announced Tuesday that an experienced technology and transactions attorney who most recently was in-house counsel with health insurer Cigna had joined the firm's Chicago office as a corporate partner.
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November 18, 2024
Plaintiffs Dispute Ruling Applying BIPA Change To Past Cases
Workers suing over the allegedly unlawful collection of their fingerprints are urging an Illinois federal court to reject a recent ruling that a legislative amendment limiting damages under the state's Biometric Information Privacy Act applies to previously filed disputes, arguing that several state courts have reached the opposite conclusion.
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November 18, 2024
Apple Gets Some AirTag Stalking Claims Tossed, For Now
The California federal judge overseeing a proposed class action accusing Apple of failing to safeguard its AirTag tracking device from being abused by stalkers on Monday tossed product liability claims brought by consumers outside of California, saying Golden State law calls for the "place of the wrong" to take precedence.
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November 18, 2024
Will AG-Elect Stick To NC Dems' Playbook, Or Take New Path?
Incoming North Carolina Attorney General and "TikTok candidate" Jeff Jackson may be the latest in a long line of Democrats to serve as the state's top cop, but questions remain as to how closely he might follow in the footsteps of his powerful predecessors when it comes to issues like pursuing the very social media app that bolstered his campaign.
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November 18, 2024
Hacker's Wife Gets 18 Months For Laundering Stolen Crypto
The wife of a hacker who stole what is now billions of dollars' worth of bitcoin from the crypto exchange Bitfinex was sentenced in D.C. federal court Monday to 18 months in prison for her role in helping to launder the stolen funds.
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November 18, 2024
Justices Urged To Deny TCPA Class Certification Challenge
A Florida-based financial services company found to have violated the Telephone Consumer Protection Act for sending fax ads to nearly 60,000 recipients is telling the U.S. Supreme Court to reject a petition from one of those respondents that sought to turn the case into a class action.
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November 18, 2024
FCC's Carr Likely To Test Agency's Ability To Rein In Big Tech
Brendan Carr's selection as the next Federal Communications Commission chair prompted a wave of plaudits from industry and some dismay from liberal groups, but one thing stands out among experts: He will push to counter what he sees as out-of-control conduct by tech platforms.
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November 18, 2024
Treasury Finalizes Tougher Foreign Investment Law Penalties
The Treasury Department on Monday finalized a rule sharpening its enforcement authority to stop or demand additional information regarding foreign-investment deals that the U.S. deems potential threats to national security.
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November 18, 2024
49ers Data Breach Class Tries Again For Settlement OK
The San Francisco 49ers will pay $610,000 to nearly 21,000 individuals whose personal information was compromised during a data breach in 2022, according to a new motion seeking preliminary approval filed in California federal court on Friday, more than a year after U.S. District Judge James Donato rejected their initial deal.
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November 18, 2024
Mich. Atty Avoids Default For Now In Election Audit Pay Suit
A Michigan federal judge said Friday he would not enter a default judgment against an attorney and Donald Trump ally on claims she stiffed a voting machine inspection company, even though her inaction led to a default finding, ruling that the liability of her alleged financial backer still needs to be determined.
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November 18, 2024
Walgreens, Grocer Accused Of Flouting Lie Detector Law
Walgreens and New England supermarket chain Shaw's are violating a Massachusetts law requiring that job applicants be advised that the state does not allow the use of lie detector tests in employment decisions, a pair of proposed class actions filed Monday allege.
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November 18, 2024
'Sub-Par' Work By Data Breach Class Attys Earns Lower Fee
A Connecticut federal judge awarded $340,000 on Monday to class counsel in a data breach lawsuit against Merritt Healthcare Advisors but criticized their request for $381,250 as out of line with reasonable rates and said some of their work in the case was "sub-par."
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November 18, 2024
Pa. AG-Elect Likely To Target AI, Robocalls And Opioids
Pennsylvania Attorney General-elect Dave Sunday is likely to focus on cracking down on artificial-intelligence-related scams that prey on vulnerable populations, unwanted robocalls, and opioid makers, while being less inclined to hammer down on energy and fossil fuel companies, experts said.
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November 17, 2024
Trump Names FCC's Carr As New Agency Chair
President-elect Donald Trump has picked Brendan Carr, the senior Republican on the Federal Communications Commission, as the agency's next chair, selecting a former general counsel of the agency and frequent critic of the current administration to lead the telecom regulator.
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November 15, 2024
X Sues To Block Calif.'s New Deepfake Political Ads Law
X Corp. filed a lawsuit in California federal court seeking to block a new Golden State law aimed at combating artificial intelligence-generated deepfake political ads, claiming the regulation that takes effect in January is unconstitutional and violates Section 230 of the Communications Decency Act.
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November 15, 2024
Social Media Cos. Must Face Schools' Public Nuisance Claims
Meta Platforms and other social media giants must face most of the public nuisance claims brought by school districts and local government entities in multidistrict litigation alleging the companies designed their platforms to addict children, a California federal judge ruled Friday.
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November 15, 2024
Atty-Brother Feud Belongs In State Court, Mich. Judge Finds
A Michigan federal judge won't weigh in on a spat between an attorney and his former cannabis business partner brother, who is accused of shorting him $18 million as part of a buyout agreement, saying the dispute should stay in state court.
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November 15, 2024
Ill. Biometric Privacy Changes Apply Retroactively, Judge Says
The Illinois legislature's recent move to limit businesses' exposure under the state's landmark biometric privacy law applies to disputes that were brought before the change was approved, a federal judge has ruled in tossing a lawsuit over a transportation company's allegedly unlawful collection of an employee's fingerprints.
Expert Analysis
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Series
Being A Luthier Makes Me A Better Lawyer
When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.
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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.