Cybersecurity & Privacy

  • May 30, 2024

    DOJ's Kanter Says AI Cos. Could Exploit Creators

    The head of the U.S. Department of Justice Antitrust Division, Jonathan Kanter, said Thursday that a lack of competition between artificial intelligence companies could allow them to exploit writers, artists and other content creators.

  • May 30, 2024

    Voice Software Co. Gets Bank Customer Privacy Suit Trimmed

    A California federal judge has trimmed a consolidated action against Nuance Communications over its voice-detection software that was used by JPMorgan Chase Bank NA, saying that the class members failed to show how Nuance supposedly used the software to assess the truth or falsity of a person's statements by analyzing their vocal characteristics. 

  • May 30, 2024

    SEC Cites High Court CFPB Ruling In Market Surveillance Suit

    The U.S. Securities and Exchange Commission has told the Eleventh Circuit that a recent U.S. Supreme Court decision finding the Consumer Financial Protection Bureau's funding structure is constitutional should sink a challenge from broker-dealer firms seeking to escape paying for a market surveillance tool.

  • May 30, 2024

    Target's Surveillance System Violates BIPA, Shoppers Say

    Target faces a proposed class action in Illinois federal court filed Thursday accusing it of gathering shoppers' biometric data through surveillance systems and other sophisticated technology in its campaign to prevent organized retail theft, while failing to advise it is doing so or obtaining their permission.

  • May 30, 2024

    Black Business Owners Sue Over Impact Of Transparency Act

    The Corporate Transparency Act creates unique burdens on businesses owned by people of color, immigrants and other marginalized groups, the Black Economic Council of Massachusetts and several company owners said in the latest legal challenge to the anti-money laundering law.

  • May 30, 2024

    Conn. Atty Avoids Default In $1.4M Transfer Scam Suit

    A Connecticut attorney has won the right to defend herself against accusations she knowingly participated in an email transfer scam that stole more than $1.4 million from a New Jersey-based real estate development company last year.

  • May 29, 2024

    Amazon Shouldn't Escape BIPA Suit, Judge Recommends

    A Washington federal magistrate judge on Wednesday recommended that the court should not toss a suit alleging Amazon.com Inc. collected facial scans of teens playing a popular video game without proper disclosures or consent, saying the plaintiff sufficiently alleges that Amazon knowingly obtained the data and disseminated it.

  • May 29, 2024

    Feds Dismantle Massive Botnet, Arrest Malware's Admin

    Following an investigation by law enforcement in the U.S., Singapore, Thailand and Germany, the U.S. Department of Justice on Wednesday announced it has dismantled a botnet used in cyberattacks, child exploitation, massive fraud and export violations, and arrested a Chinese national behind the malware.

  • May 29, 2024

    CFPB Says Citi 'Wrong' On Wire Transfer Rules In NY Suit

    The Consumer Financial Protection Bureau is backing New York's attorney general in a lawsuit accusing Citibank NA of failing to adequately protect customers from online wire transfer fraud, arguing the bank is "wrong" about what rules govern its obligations to scam victims.

  • May 29, 2024

    Forescout Investors Win Class Cert. Over Tanked Sale

    A California federal judge agreed to certify a class of shareholders of cybersecurity company Forescout who allege the company deceived investors ahead of a sale that ultimately fell apart, marking the latest win for plaintiffs who previously saw the case dismissed with prejudice three years ago.

  • May 29, 2024

    TikTok Ban Gets Expedited Sept. Hearing Date At DC Circ.

    The D.C. Circuit on Tuesday agreed to expedite the briefing schedule for a constitutional challenge against a federal law banning TikTok from the United States unless it severs its ties with its Chinese parent company, ByteDance Ltd., with oral arguments set to be heard this fall. 

  • May 29, 2024

    Makeup Co. BIPA Suit Trimmed As Arbitration Bid Denied

    An Illinois federal judge on Tuesday said plaintiffs accusing e.l.f. Cosmetics of violating the state's biometric privacy law with its online virtual try-on tool lacked standing to bring two of their claims, while rejecting the company's arguments that the remaining claim should be arbitrated.

  • May 29, 2024

    New Colo. Law Targets AI Deepfakes In Political Ads

    Colorado Gov. Jared Polis has signed a bill that aims to crack down on the malicious use of artificial intelligence for producing political messaging.

  • May 29, 2024

    6 Questions For FCC Commissioner Anna Gomez

    A year after she was nominated for the Federal Communications Commission's third Democratic seat, Anna Gomez says she's steadily progressing toward goals tied to connectivity, innovation, public safety and media localism in what she calls the "best job I've had in my career."

  • May 29, 2024

    Ex-Calif. Atty Cops To Role In $9.5M Crypto Ponzi Scheme

    A disbarred California attorney has pled guilty in federal court to his role in promoting a $9.5 million cryptocurrency Ponzi scheme.

  • May 29, 2024

    House Judiciary Leaders Seek Briefing On FISA Court Access

    The top Republican and Democrat on the U.S. House Judiciary Committee are looking for an update on a request by members of Congress for access to the secretive proceedings of the court that hears matters on the controversial warrantless foreign surveillance law.

  • May 28, 2024

    Amazon Can't Duck FTC's Prime Subscription Suit

    Amazon cannot escape the Federal Trade Commission's lawsuit alleging the e-commerce giant tricks consumers into enrolling in its Prime service and makes it difficult for members to cancel subscriptions, a Seattle federal judge ruled Tuesday, saying the commission has adequately alleged Amazon's Prime terms were not "clearly and conspicuously disclosed."

  • May 28, 2024

    Judge Hints Amazon Can't Avoid BIPA Suit For Stored Data

    A Washington federal judge pushed back Tuesday against Amazon's claims it cannot be sued for data that merely passed through its servers, noting that Illinois' biometric privacy law doesn't just create liabilities for the original data collector.

  • May 28, 2024

    AI Co. Can't Escape Meta's Suit Over User Data Scraping

    A California federal judge has refused to toss Meta Platforms Inc.'s suit accusing an artificial intelligence company of unlawfully scraping Facebook users' data and selling it to its clients, finding that Meta had identified a valid contract and that the court had jurisdiction over all the social media giant's claims.

  • May 28, 2024

    Consumers, Advertisers Seek Class Cert. Against Meta

    Advertisers and consumers suing Facebook owner Meta Platforms Inc. over allegations of monopolizing the online social media advertising market and misusing users' data in the process have told the California federal court overseeing their claims that they believe it's time for the proposed classes to be certified.

  • May 28, 2024

    Google, Meta Can Arbitrate H&R Block User's Tax Data Suit

    A California federal judge on Friday ruled that a man who was previously instructed to arbitrate his proposed class action alleging that H&R Block shared private data must also arbitrate claims against Google and Meta Platforms Inc., saying the allegations against the two technology companies are closely connected to those against H&R Block.

  • May 28, 2024

    Microsoft, OpenAI Beat Overstuffed Privacy Suit, For Now

    A California federal judge threw out, for now, consumers' suit alleging their privacy was violated by Microsoft Corp. and OpenAI LP's products, slamming the complaint as "excessive" and packed with "unnecessary and distracting allegations" to the point it's "nearly impossible" to determine the adequacy of the claims.

  • May 28, 2024

    Activision Wins $14M From Call Of Duty Cheat Code Sellers

    Activision Publishing scored over $14.4 million in damages and nearly $300,000 in attorney fees against German companies accused of selling cheat codes for Call of Duty games when a California federal judge Tuesday granted its motion for default judgment, finding none of the defendants appeared in the case for a year.

  • May 28, 2024

    Capital One Is The Latest To Face 'Refer A Friend' Text Suit

    Capital One Financial Corp. faces a proposed class action in Seattle federal court alleging it violated a Washington state law barring advertising texts in connection with the "refer a friend" texts it prompted existing customers to send to their own personal contacts.

  • May 28, 2024

    Christie's CEO Confirms Cyberattack On Auction House's Data

    The chief executive officer of Christie's said it has identified the hacking group behind a cyberattack that hit the international auction house's website just as it launched a series of live and online auctions for art and luxury goods this spring.

Expert Analysis

  • AI In Performance Management: Mitigating Employer Risk

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    Companies are increasingly turning to artificial intelligence tools in performance management, exposing organizations to significant risks, which they can manage through employee training, bias assessments, and comprehensive policies and procedures related to the new technology, say Gregory Brown and Cindy Huang at Jackson Lewis.

  • Legal Issues When Training AI On Previously Collected Data

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    Following the Federal Trade Commission's recent guidance about the use of customer data to train artificial intelligence models, companies should carefully think through their terms of service and privacy policies and be cautious when changing them to permit new uses of previously collected data, says James Gatto at Sheppard Mullin.

  • Series

    Riding My Peloton Bike Makes Me A Better Lawyer

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    Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.

  • Compliance Steps After ABA White Collar Crime Conference

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    Senior law enforcement officials’ statements this month at the American Bar Association's white collar crime conference suggest government enforcement efforts this year will increasingly focus on whistleblower incentives, artificial intelligence and data protection, and companies will need to update their compliance programs accordingly, say attorneys at Baker McKenzie.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • What 2 Years Of Ukraine-Russia Conflict Can Teach Cos.

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    A few key legal lessons for the global business community since Russia's invasion of Ukraine could help protect global commerce in times of future conflict, including how to respond to disparate trade restrictions and sanctions, navigate war-related contract disputes, and protect against heightened cybersecurity risks, say attorneys at Morgan Lewis.

  • Cos. Seeking Cyber Coverage Can Look To Key Policy Terms

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    As cyberattacks increasingly threaten business operations, including one last month that partially paralyzed UnitedHealth's services, expanded interpretations of several key policy terms may allow affected companies to recover under cyber business interruption policies or other coverage, even if their business hasn't completely shut down, say attorneys at Kasowitz.

  • How AI May Be Used In Fintech Fraud — And Fraud Detection

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    Recent enforcement actions in the fintech and finance industries show that the government is increasingly pursuing fraud enabled by artificial intelligence — at the same time it’s using AI innovations to enforce regulations and investigate fraud, say attorneys at ArentFox Schiff.

  • Takeaways From Groundbreaking Data Transfer Order

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    A recent first-of-its-kind executive order and related proposed rulemaking lay the groundwork for important outbound U.S. data protections, but they may have unintended consequences related to the types of data and the subjects within their scope, say attorneys at Kirkland.

  • What Recent Study Shows About AI's Promise For Legal Tasks

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    Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.

  • Innodata Suit Highlights 'AI Washing' Liability Risk For Cos.

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    A class action against software company Innodata over so-called AI washing, one of the first of its kind, underscores the litigation and enforcement risks that can arise from the U.S. Securities and Exchange Commission's novel theory about misleading artificial intelligence capabilities, say attorneys at Bracewell.

  • For Now, Generative AI Is Risky For Class Action Counsel

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    Although a recent survey showed most in-house counsel think that their outside counsel should be using generative artificial intelligence "in some way" in class action work, the technology is more a target for class actions than it is a tool to be used in practice at present, says Matthew Allen at Carlton Fields.

  • Steps To Reduce CIPA Litigation Risks For Companies

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    As class action claims brought under the California Invasion of Privacy Act continue to advance new theories under an old law to target companies for commonplace website and app activities, there are steps that organizations can take to reduce exposure and strengthen their defenses against such lawsuits, say attorneys at Hintze Law.

  • Banks Should Continue To Prep For CFPB Data Rule Rollout

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    Consumer Financial Protection Bureau-supervised banks should not expect industry pressure to delay the rollout of proposed Section 1033 open banking rules, which regulate how consumer financial information flows between financial institutions, and prepare their required data access portals and compliance procedures now, say attorneys at Troutman Pepper.

  • Tips For Orgs Facing AI Data Privacy Compliance Challenges

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    Regulators around the world are actively seeking to enforce data privacy and consumer protection laws against companies providing artificial intelligence-related services, raising complex compliance questions in areas like transparency, data minimization, lawfulness of processing, data subject rights and higher risk activities, say attorneys at Hogan Lovells.

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