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Cybersecurity & Privacy
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September 18, 2024
Meta Ditches Investor Suit Over Apple Ad Changes For Good
A California federal judge on Tuesday tossed an investor suit against Meta alleging the tech giant hid the financial impact of Apple's privacy changes on its business, finding the suit's allegations weren't detailed enough to avoid dismissal.
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September 18, 2024
Bipartisan Bill Would Boost Acquisition Council's Authority
A bipartisan group of House lawmakers has introduced a bill to boost a federal advisory council that makes recommendations for mitigating risks within federal supply chains, giving the council more funding and the ability to issue binding removal orders for risky technologies.
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September 18, 2024
Groups Seek To Sway FCC's Campaign Ad AI Disclosure Plan
Consumer advocates want the Federal Communications Commission to strengthen its planned rules to require broadcasters to disclose the use of artificial intelligence in political ads, while the effort continues to draw strong conservative opposition.
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September 18, 2024
Staffing Co. Ex-CEO Gets Prison Time For $6M Billing Scheme
The former CEO of a purported Georgia-based staffing company was sentenced to nearly eight years in federal prison after pleading guilty to fraud-related charges in a $6 million scheme using fake payroll invoices he sent to a financing business in Florida while pretending to be someone else.
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September 18, 2024
Ex-Gunster Client Says Firm Can't Shake Data Breach Suit
A former client urged a Florida federal court Tuesday to reject a bid from Gunster Yoakley & Stewart PA to toss a proposed class action related to a data breach in 2022.
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September 18, 2024
EDNY Prosecutor Joins Faegre Drinker
Faegre Drinker has added a prosecutor from the U.S. Attorney's Office for the Eastern District of New York to its growing white collar litigation practice.
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September 18, 2024
Data Brokers Say NJ Judicial Privacy Law Goes Too Far
A group of data brokers accused of violating the New Jersey judicial privacy measure Daniel's Law has doubled down on its argument to a federal court that the law cannot survive strict constitutional scrutiny and must be thrown out.
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September 18, 2024
Calif. Gov. Signs Suite Of Bills Combating AI Deepfakes
California Gov. Gavin Newsom on Tuesday signed five first-in-the-nation artificial intelligence-related bills giving actors more protections over their digital likenesses and reining in the use of AI-generated deepfakes during elections.
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September 18, 2024
Federal Judge Won't Abstain From Pot Payment Co. Dispute
A Nevada federal judge has declined to abstain from a dispute between a pair of investment firms over the collapse of their joint venture, saying while one company is a subsidiary of a cannabis payment processing company, the dispute can be resolved without dipping into the murky waters of cannabis's federal illegality.
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September 17, 2024
JM Smucker Says Rival Is Spreading Uncrustable Lies
A Los Angeles-based online snack retailer is smearing the image of J.M. Smucker Co.'s signature Uncrustables sandwiches through defamatory social media posts and false claims that its own products are nutritionally superior, the jam giant alleged Monday in an Ohio federal court complaint.
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September 17, 2024
AT&T To Pay $13M Fine Over Vendor's Cloud Data Breach
AT&T has agreed to pay $13 million to resolve a Federal Communications Commission investigation into a January 2023 data breach that exposed information of nearly 9 million AT&T Mobility customers.
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September 17, 2024
Putative Class Says Golf Course Co. Shanked Data Protection
An Illinois-based golf course and hospitality management company failed to adequately protect the personal information of its customers and failed to provide them with timely notice of an April data breach, according to a proposed class action filed Monday in federal court.
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September 17, 2024
GC Base Salaries At Big Companies On The Rise
General counsel base salaries at companies making $5 billion or more in revenue has increased from last year, while their total compensation has decreased, according to a report released Tuesday by the Association of Corporate Counsel and Empsight International LLC.
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September 17, 2024
Reed Smith Adds Privacy, Tech Atty From Greenberg Traurig
Reed Smith LLP bolstered its new emerging technologies practice group this week, adding a partner who counsels firms on artificial intelligence, data privacy and more from Greenberg Traurig LLP.
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September 17, 2024
Instagram Changing Teen Accounts As Pressure Mounts
Instagram announced changes Tuesday to its user experience for those under age 18 as it faces increasing concern about children's online safety.
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September 17, 2024
Competitiveness Outranks Climate In New EU Commission
European Commission President Ursula von der Leyen shifted her focus from climate change to boosting competitiveness as she proposed her team of commissioners for the next five-year mandate Tuesday, handing out key jobs covering everything from competition enforcement to trade policy.
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September 17, 2024
Crypto-Scam Victim's Loss Hands Tracing Lessons To Experts
A recent decision that dismissed a claim brought by a victim of crypto-fraud against an exchange because of flaws in his expert evidence provides a warning for litigators that efforts to trace money will fail unless there is a clear digital trail.
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September 17, 2024
70% Of Insurance Underwriters Fear Replacement By AI
Seven out of 10 insurance underwriting professionals in the U.S. and U.K. fear losing their jobs within the next five years to artificial intelligence, a survey released Tuesday suggested, as the sector increasingly invests in new forms of automation.
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September 17, 2024
Top UK Banks Push Payments Infrastructure Reform Plan
The trade body for financial institutions urged U.K. regulators and companies on Tuesday to engage with a new infrastructure for digital payments that is backed by major banks and card providers.
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September 16, 2024
TIAA Faces Class Claims Over 2023 Cyberattack
The Teachers Insurance Annuity Association of America and its life insurance subsidiary were sued in New York federal court by a proposed class alleging the company failed to protect the personal data of current and former clients and allowed a 2023 data breach.
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September 16, 2024
Incumbent Contractor Can't Get Extra Credit, GAO Says
A contractor that has been providing IT support to U.S. Citizenship and Immigration Services cannot have another go at the job after the U.S. Government Accountability Office backed the agency's decision to choose a joint proposal from IBM and Capital Technology Group LLC.
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September 16, 2024
Mass. Accounting Firm Hit With Data Breach Class Claims
Accounting firm Katz Nannis + Solomon PC failed to safeguard sensitive client information and enabled a 2023 data breach, according to a proposed class action in Massachusetts federal court.
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September 16, 2024
Tanning Giant Can't Shutter Suit Over Unsolicited Cell Calls
Palm Beach Tan Inc. can't escape a proposed class action lawsuit alleging it sent repeated telemarketing text messages to consumers' phone despite requests for the company to stop.
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September 16, 2024
5th Circ. Judge Chides High Court Calls in Abortion Pill Case
U.S. Circuit Judge James C. Ho on Monday threw shade at the U.S. Supreme Court and the Biden administration over what he described as side-switching on federal conscience laws for doctors.
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September 16, 2024
Judges Examine Who Has Free Speech Rights In TikTok Case
A D.C. Circuit panel on Monday pressed lawyers for the federal government as well as TikTok and its users to parse whether full First Amendment protections apply to the social media platform's foreign owners as well as to its users despite congressional worries that the platform is vulnerable to interference by a potential overseas adversary.
Expert Analysis
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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.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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What FCA Cases May Look Like In The Age Of Generative AI
Generative artificial intelligence raises unique considerations both in the context of potentially leading to False Claims Act cases and in the discovery and litigation phases of these lawsuits, says attorney Rachel Rose.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.
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3 Ways To Limit Risks Of Black-Box AI In Financial Services
As regulators increasingly highlight the potential for artificial intelligence to make unfair consumer credit decisions, and require financial institutions to explain how these so-called black-box algorithms arrive at conclusions, companies should consider three key questions to reduce their regulatory risks from these tools, say Jeffrey Naimon and Caroline Stapleton at Orrick.
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Takeaways From EU's 'Pay Or Consent' Advertising Probe
Anne-Gabrielle Haie and Charles Whiddington at Steptoe examine key points from the European Commission's recent investigation into Big Tech's use of "pay or consent" advertising models, as well as the European Data Protection Board’s opinion on how such models can comply with EU competition and data protection laws.
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Energy And AI: Key Issues And Future Challenges
Artificial intelligence promises new technical advantages for the energy industry, but it is also responsible for vast, and growing, energy consumption — so the future of AI and energy will require balancing technological advancement with regulatory oversight, environmental responsibility and infrastructure development, say attorneys at Morgan Lewis.
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When Banks Unknowingly Become HIPAA Biz Associates
There appears to be significant confusion regarding the application of the Health Insurance Portability and Accountability Act to financial institutions when serving healthcare-related clients, so these institutions should consider undertaking several steps as a starting point in the effort to achieve compliance, say attorneys at Vorys.