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Cybersecurity & Privacy
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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.
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November 15, 2024
EPA Watchdog Flags Drinking Water Cybersecurity Risks
The U.S. Environmental Protection Agency's internal watchdog is sounding the alarm about cybersecurity weaknesses in the nation's drinking water systems, and said there are problems with the plans for reporting and coordinating responses to attacks.
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November 15, 2024
Tech Co. Salesman Settles Ex-Employer's AI Misuse Claims
A Connecticut salesman accused of using an artificial intelligence application to record company conference calls and his former employer have settled the company's trade secrets lawsuit, according to a joint request filed Friday seeking a permanent injunction.
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November 15, 2024
Wash. Judge Says Junk Text Suit Must Lose Autodialer Claims
Consumers who were peppered with hundreds of unwanted text messages from a home improvement platform can move forward with their $400 million lawsuit accusing the company of ignoring the Do Not Call Registry, but will lose their autodialer claims, a Washington federal judge has ruled.
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November 15, 2024
Paxton Says Texas Porn Site Law 'Modest' Way To End 'Crisis'
Texas Attorney General Ken Paxton told the U.S. Supreme Court on Friday that a state law requiring visitors to prove their age before accessing content on certain adult-oriented websites is tailored in the most "modest" way possible to address a "public health crisis."
Expert Analysis
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Lawyers Can Take Action To Honor The Voting Rights Act
As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.
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Decoding CFPB Priorities Amid Ramp-Up In Nonbank Actions
Based on recent Consumer Financial Protection Bureau enforcement actions and press releases about its supervisory activities, the agency appears poised to continue increasing its scrutiny over nonbank entities — particularly with respect to emerging financial products and services — into next year, say attorneys at Wiley.
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Pros And Cons Of 2025 NDAA's Space Contracting Proposal
The introduction of a Commercial Augmentation Space Reserve fleet in the pending 2025 National Defense Authorization Act presents a significant opportunity for space and satellite companies — despite outstanding questions, and potential risks, for operators, say attorneys at Wiley.
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AI Reforms Prompt Fintech Compliance Considerations
With the EU Artificial Intelligence Act's Aug. 1 enforcement, and the U.K.'s new plans to introduce AI reforms, fintech companies should consider how to best focus limited resources as they balance innovation and compliance, says Nicola Kerr-Shaw at Skadden.
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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Opinion
Data Breach Reporting Requirements Must Change In AI Age
Outdated data breach reporting laws are inadequate to protect consumers in the age of artificial intelligence, as AI’s ability to determine relationships coupled with its improvements to deepfake technology mean that the very definitions used in breach reporting laws are no longer sufficient, says Collin Walke at Hall Estill.
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.
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Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.
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Recent Settlement Shows 'China Initiative' Has Life After Death
Though the U.S. Department of Justice shuttered its controversial China Initiative two years ago, its recent False Claims Act settlement with the Cleveland Clinic Foundation demonstrates that prosecutors are more than willing to civilly pursue research institutions whose employees were previously targeted, say attorneys at Benesch.
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What To Know As Children's Privacy Law Rapidly Evolves
If your business hasn't been paying attention to growing state and federal efforts to protect children online, now is the time to start — there is no sign of this regulation slowing down, and more aggressive enforcement actions are to be expected in the coming year, says Susan Rohol at Willkie Farr.
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Dissecting Treasury's Call For Input On AI In Financial Sector
The U.S. Department of the Treasury's request for comments on the potential benefits and challenges AI may pose to the financial services sector, which asks how stakeholders are addressing and mitigating increased fraud risks, reflects the federal government's continued interest in AI's effects across the economy, say attorneys at Hogan Lovells.
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How Contractors Can Prep For DOD Cybersecurity Rule
The proverbial clock is ticking for defense contractors and subcontractors to strengthen their compliance posture in preparation for the rollout of the highly anticipated Cybersecurity Maturity Model Certification program, so those affected should analyze their existing security standards and take proactive steps to fill in any significant gaps, say Beth Waller and Patrick Austin at Woods Rogers.
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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.