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Cybersecurity & Privacy
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July 23, 2024
US, UK, EU Antitrust Enforcers Outline AI Principles
The top antitrust officials from the U.S. Justice Department, the Federal Trade Commission, the European Commission and the U.K.'s Competition and Markets Authority presented a unified international commitment Tuesday to closely monitor artificial intelligence technology and the companies that they warned could wield AI anticompetitively.
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July 23, 2024
Wash. AG Says 'Abortion Reversal' Clinic's Suit Still Deficient
Washington state's attorney general said Monday an anti-abortion clinic group being investigated for marketing an "abortion reversal pill" cannot blame his two-year-old document demands for a recent insurance rate hike, pushing a Tacoma federal judge to reject the group's legal effort to shield itself from future consumer protection enforcement.
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July 23, 2024
FTC Attys On Kroger Case Get Extensions After IT Outage
The administrative law judge overseeing the Federal Trade Commission's in-house challenge to Kroger and Albertsons' $25 billion merger has given the agency and the grocery behemoths two extra days on a couple of filing deadlines after the FTC said the worldwide Microsoft outage left several counsel laptops unusable.
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July 23, 2024
Senate Dems Roll Out Bill To Codify Chevron Deference
Sen. Elizabeth Warren, D-Mass., led a group of Democratic senators Tuesday in introducing a bill to codify the now-defunct doctrine of Chevron deference after it was struck down by the U.S. Supreme Court last month.
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July 23, 2024
FCC Urged To Protect Public Safety In 5.9 GHz Band
A public interest group urged the Federal Communications Commission to keep public safety as the top priority for licensees of the 5.9 gigahertz airwaves as the FCC considers rules to allow advanced car connectivity uses in the band.
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July 23, 2024
Texas Legal Services Biz Escapes Most Data Breach Claims
A Texas federal judge has trimmed most claims in a proposed class action over a legal services company's data breach, leaving a negligence claim lodged by one plaintiff who alleges he was a victim of identity theft due to the breach.
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July 23, 2024
Clinic Gets NC Biz Court's Final OK For Hacking Suit Deal
A North Carolina Business Court judge granted final approval to a class action settlement between a physician-owned orthopedic practice and the current and former patients who took it to court over a data breach that exposed their private information, including their medical records.
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July 23, 2024
Chase, McKinsey Get FTC Inquiry Over 'Surveillance Pricing'
The Federal Trade Commission has issued orders to eight companies — including Mastercard, Chase, Accenture and McKinsey & Co. — seeking more information about the potential impact their practices of "surveillance pricing" products and services have on privacy, competition and consumer protection, the FTC said Tuesday.
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July 22, 2024
Verizon's TracFone Hit With $16M FCC Data Breach Penalty
Verizon's prepaid service subsidiary TracFone Wireless has agreed to shell out a $16 million civil penalty to resolve Federal Communications Commission probes into whether it failed to protect customer information during three data breaches, the agency announced Monday.
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July 22, 2024
FCC, Industry Debate If Brand X Case Set Broadband In Stone
Industry groups are pushing their case to the Sixth Circuit that the Federal Communications Commission's net neutrality rules should be tossed because the demise of the Chevron doctrine trimmed agency's legal authority, but the FCC argues that the recent paring back of federal regulators' discretion means nothing for the agency's restrictions on broadband providers.
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July 22, 2024
Equifax Bracing For CFPB On Dispute-Handling, Coding Glitch
Equifax said Monday that the Consumer Financial Protection Bureau plans to pursue fines over the credit reporting giant's handling of consumer disputes and a separate, short-lived "coding issue" that affected some credit score calculations in 2022.
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July 22, 2024
FCC Blames AT&T Network Change For 'Sunny Day' Outage
The Federal Communications Commission said Monday it will consider enforcement action after finding that an AT&T network change triggered a massive service outage in February, which blocked more than 92 million calls and 25,000 attempts to reach 911.
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July 22, 2024
Michigan's Cases To Watch 2024: A Midyear Report
Michigan's highest court is preparing to take on cases that could restore imperiled PFAS regulations, prevent employers from cutting short employees' window to file civil rights claims and expand the reach of Michigan's consumer protection law. Here are some of Michigan's most important cases to watch for the rest of the year.
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July 22, 2024
NC Hospital, Patients Nearing Deal In Hacking Suit
Columbus Regional Healthcare System and the patients who accused it of failing to properly protect their personal information at its North Carolina hospital have reached a tentative settlement agreement, according to a new notice asking the Tar Heel State's business court to pause proceedings while they hash it out.
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July 22, 2024
Catching Up With Delaware's Chancery Court
A $6 million bank fee, a $42.5 million shopping mall deal, some questionable Amazon deliveries and long-ago expired ketchup: it was all part of the comings and goings in Delaware's Court of Chancery last week. New cases involved mining and cybersecurity companies, board takeovers, "weaponized" director election provisions, and legal fees following a $3.1 billion telecom merger. In case you missed it, here's the latest from the Chancery Court.
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July 22, 2024
LA Superior Court Closed Monday Due To Ransomware Attack
The Superior Court of Los Angeles County was forced to close Monday as the court continued to work to repair and reboot network systems that were severely impacted by a ransomware attack that occurred on the same day as an unrelated global tech outage.
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July 22, 2024
Meta Hit With Fresh Complaint Over 'Pay Or Consent' Model
Meta has been hit with a complaint from European consumer protection authorities, which fear that the tech giant's "pay or consent" business model for Facebook and Instagram misleads its users, the European Commission said on Monday.
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July 19, 2024
9th Circ. Judge Open To Reversing Google's Privacy Win
A Ninth Circuit judge appeared receptive Friday to reversing Google's summary judgment win in Chrome users' proposed privacy class action, telling Google's counsel that the standard is what a reasonable consumer would expect and "you have a much higher opinion of the average intelligence of the computer user than I."
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July 19, 2024
Pornhub's Parent Co. Seeks Exit From Trafficking Class Action
MindGeek asked a California federal judge Friday to end a class action filed by individuals who alleged its company Pornhub published sexually explicit videos of them as minors, arguing there's no evidence showing MindGeek promoted child pornography on its sites, and that it removed the videos upon request.
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July 19, 2024
More Airwaves Needed For Power Grid Upgrades, FCC Told
Power companies are calling on the Federal Communications Commission to help free up more spectrum for utilities, telling the agency that opening up spectrum currently committed to public safety use could be a win-win.
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July 19, 2024
Oracle Inks $115M Deal To End Consumer Data Collection Suit
Oracle America Inc. agreed to pay $115 million to resolve a proposed class action alleging the software company illegally sold internet users' electronic profiles, consumers told a California federal judge, putting to rest a case that has stretched on for nearly two years.
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July 19, 2024
How Did The Global Tech Outage Impact Transportation?
The overnight global tech outage that prompted a cascade of flight delays and cancellations and disruptions to certain transit, shipping and port operations, left transportation providers and other critical infrastructure reeling and wondering how to avoid further crippling computer failures.
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July 19, 2024
SEC Wins $1.1M Penalty Against Crypto CEO
A New York federal judge ordered the CEO of bitcoin mining firm MGT Capital Investments Inc. to pay a $1.1 million civil penalty for making misstatements in contribution to an alleged pump-and-dump scheme, even though the defendant had argued the impact of his statements on investors was negligible.
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July 19, 2024
SolarWinds' Ruling 'No Comfort' For Cybersecurity Leaders
Although a federal district court has struck down significant portions of the U.S. Securities and Exchange Commission's data breach case against software developer SolarWinds Corp., attorneys say what remains of the lawsuit gives "no comfort" to chief information security officers hoping to avoid similar suits over statements about their company's cybersecurity practices.
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July 19, 2024
Jury Finds Booking.com Owes Ryanair $5K For Data Scraping
Irish discount airline Ryanair has convinced a Delaware federal jury to find that online travel website giant Booking.com should pay $5,000 for using screen scraping software in a way that ran afoul of computer fraud laws, which the airline likened to "internet piracy."
Expert Analysis
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4 Ways To Motivate Junior Attorneys To Bring Their Best
As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.
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Decoding The FTC's Latest Location Data Crackdown
Following the Federal Trade Commission's groundbreaking settlements in its recent enforcement actions against X-Mode Social and InMarket Media for deceptive and unfair practices with regards to consumer location data, companies should implement policies with three crucial elements for regulatory compliance and maintaining consumer trust, says Hannah Ji-Otto at Baker Donelson.
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Defense Attys Must Prep For Imminent AI Crime Enforcement
Given recent statements by U.S. Department of Justice officials, white collar practitioners should expect to encounter artificial intelligence in federal criminal enforcement in the near term, even in pending cases, say Jarrod Schaeffer and Scott Glicksman at Abell Eskew.
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Series
Serving As A Sheriff's Deputy Made Me A Better Lawyer
Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.
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10 Ransomware Issues GCs Should Have On Their Radar
As the ransomware threat landscape rapidly evolves, in-house counsel should expect to face a number of challenging dynamics, including the need to justify any ransom payments both to internal and external stakeholders, and data extortion demands that are bypassing the encryption stage, say attorneys at Alston & Bird.
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Parsing Chinese Governance On AI-Generated Content
As essential risk-mitigation, companies with a China reach should be aware of recent developments in Chinese oversight of AI-generated content, including the latest rulings and regulations as well as the updated ambit for supervisory bodies, say Jet Deng and Ken Dai at Dacheng.
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Series
NJ Banking Brief: All The Notable Legal Updates In Q1
Early 2024 developments in New Jersey financial regulations include new bills that propose regulating some cryptocurrency as securities and protecting banks that serve the cannabis industry, as well as the signing of a data privacy law that could change banks’ responsibility to vet vendors and borrowers, say attorneys at Chiesa Shahinian.
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Former Minn. Chief Justice Instructs On Writing Better Briefs
Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.
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Unpacking The Complicated Question Of CIPA's Applicability
As the number of California Invasion of Privacy Act cases increases, more and more companies with little-to-no California presence are being hauled into California court, raising questions of when CIPA applies and to whom, says Matthew Pearson at BakerHostetler.
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Stay Interviews Are Key To Retaining Legal Talent
Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.
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What To Know About State-Level Health Data Privacy Laws
Companies that handle consumer health data, including those in the retail sector, should take a conservative approach when interpreting the scope of new health privacy laws in Washington, Nevada and Connecticut, which may include development of privacy notices, consent procedures, rights request response processes and processor contracts, say attorneys at Hunton.
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HHS' Updated Tracking Tech Guidance Offers Little Clarity
The U.S. Department of Health and Human Services' Office for Civil Rights' updated guidance on the use of online tracking technologies appears more focused on legal issues raised in ongoing litigation with the American Hospital Association and less on practical guidance for covered entities, say attorneys at Sheppard Mullin.
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And Now A Word From The Panel: Benefits Of MDL Transfers
A recent order from the Judicial Panel on Multidistrict Litigation highlights a critical part of the panel's work — moving cases into an existing MDL — and serves as a reminder that common arguments against such transfers don't outweigh the benefits of coordinating discovery and utilizing lead counsel, says Alan Rothman at Sidley Austin.
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Ready Or Not, Big Tech Should Expect CFPB Surveillance
In light of the Consumer Financial Protection Bureau's proposed plan to supervise large companies providing the vast majority of digital money transfers, not only will Big Tech have to prepare for regulation previously reserved for traditional banks, but the CFPB will also likely face some difficult decisions and obstacles, says Meredith Osborn at Arnold & Porter.
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3 Cybersecurity Takeaways From White House Tech Report
Tech companies and software developers should take stock of the Biden administration's push for improved cybersecurity in a recent White House report, especially given that the report lays new building blocks related to potential liability for developers, say attorneys at Sidley.