Cybersecurity & Privacy

  • January 17, 2025

    Insurer Tried To 'Embarrass' Cadwalader, NC Court Told

    Cadwalader Wickersham & Taft LLP has accused a Lloyd's of London syndicate of attempting to "embarrass" the firm by publicly revealing the firm's data breach recoveries amid the insurer's bid to toss a coverage suit stemming from a 2022 hack.

  • January 17, 2025

    EBay Can't Appeal Punitive Damages Ruling In Stalking Case

    A Massachusetts federal judge has denied a request by eBay Inc. to ask the First Circuit whether it should have to face the possibility of punitive damages in a civil suit brought by a Bay State couple who say the e-commerce company waged a stalking and intimidation campaign against them.

  • January 17, 2025

    Supreme Court Upholds TikTok Sale-Or-Ban Law

    The U.S. Supreme Court upheld a federal law Friday requiring TikTok to be divested from its Chinese parent company by Sunday or face a nationwide ban.

  • January 16, 2025

    'It Ends With Us' Star Says Blake Lively Made Him Scapegoat

    "It Ends With Us" director and actor Justin Baldoni on Thursday lodged a $400 million defamation and extortion suit against his co-star Blake Lively and her husband, Ryan Reynolds, claiming Lively fabricated sexual harassment claims against Baldoni to distract from her "self-inflicted press catastrophe."

  • January 16, 2025

    GM, OnStar Agree To FTC's Ban On Location Data Sharing

    General Motors and OnStar agreed to a five-year ban on disclosing geolocation and driver behavior data to consumer reporting agencies to resolve the Federal Trade Commission's allegations that the companies didn't get drivers' consent before sharing, the agency announced Thursday.

  • January 16, 2025

    New Proposal For Controlled Information Not Entirely Realistic

    A proposed rule intended to clear up confusion and better protect controlled unclassified information via a governmentwide standard has created new uncertainties and could lead to unattainable demands such as unrealistic incident reporting deadlines.

  • January 16, 2025

    Biden Makes Final Push To Fortify US Cybersecurity Posture

    President Joe Biden took the latest step toward boosting the nation's cybersecurity Thursday, issuing an executive order that requires software vendors that work with the government to prove they're meeting certain security standards and promote the use of artificial intelligence for cyberdefense.

  • January 16, 2025

    GOP Describes FTC Dems' Last Days As 'Farcical,' 'Senseless'

    Democratic enforcers at the U.S. Department of Justice and Federal Trade Commission are on a blitz of guidelines and complaints in their last days at the agencies, a push increasingly assailed by FTC Republicans who've said Democratic-specific efforts to enshrine antitrust safeguards for workers and more "has no future."

  • January 16, 2025

    Gov't Wants Time During Epic, Google's 9th Circ. Face-Off

    When Epic Games and Google face off next month at the Ninth Circuit, the federal government is hoping it will get a few minutes to state its case for why the appellate court shouldn't overturn an order forcing Google to allow alternative app stores on its platform, the government said in a recent motion.

  • January 16, 2025

    Allstate Hit With Class Action Over Driver Data Collection

    Allstate illegally obtained the personal driving data of millions of policyholders via software embedded in third-party apps and secretly used that data to hike premiums, deny claims or drop policyholders from coverage altogether, according to a proposed class action filed in Illinois federal court.

  • January 16, 2025

    9th Circ. Skeptical Of Undoing Microsoft Win In Wiretap Case

    The Ninth Circuit on Thursday appeared to lean toward not reviving a proposed class action alleging a website operator improperly used a Microsoft program to track a shopper's online activity, with two of the three judges on a panel questioning how collecting internet browsing data was an illegal wiretap.

  • January 16, 2025

    Initial Green Light Given to UnitedHealth's Deal In TCPA Suit

    A Washington federal judge gave a $2.5 million settlement between UnitedHealthcare and a class of Telephone Consumer Protection Act claimants preliminary approval, signing off on a deal that class counsel says would net each class member over $90, if all applied.

  • January 16, 2025

    Amazon BIPA Suit Over Alleged NBA 2K Face Scans Settled

    A gamer said Wednesday he reached a settlement with Amazon to end a proposed class action accusing the tech giant's web services provider of collecting facial scans of teens playing the popular NBA 2K video game without their knowledge or consent, according to a notice filed in Washington federal court.

  • January 16, 2025

    Yodlee Cannot Escape Consumers' Privacy Invasion Claims

    A California federal judge has ruled financial data aggregator Yodlee must face some customers' allegations that it unlawfully collected user data, saying the remaining plaintiffs have plausibly established their invasion of privacy claims.

  • January 16, 2025

    FTC Elevates Snap AI Chatbot Case To DOJ

    The Federal Trade Commission took the rare step Thursday of revealing its referral to the U.S. Department of Justice of its complaint alleging Snap Inc. deployed an artificial intelligence-powered chatbot that harmed young users, prompting incoming Republican Chair Andrew Ferguson to slam the allegations as an "affront to the Constitution and the rule of law."

  • January 16, 2025

    NC Biz Court Bulletin: Judge Bids Adieu, TikTok Wants Out

    The North Carolina Business Court's former chief judge hung up his robes for the last time as the court entered the new year with a ruling that shapes the fate of beset real estate company MV Realty's consumer fraud trial and arguments by TikTok Inc. that its platform being "too engaging" isn't enough for the state to begin an enforcement action.

  • January 16, 2025

    Fulton DA Willis Fights Subpoenas In Trump Case Probe

    Fulton County District Attorney Fani Willis this week outlined her objections to subpoenas issued by a Georgia state Senate committee investigating her prosecution of President-elect Donald Trump, arguing they are overbroad, intended to embarrass her and "defunct" due to the swearing in of a new general assembly.

  • January 16, 2025

    Lawmakers Ask Biden To Pause TikTok Sale-Or-Ban Law

    A group of lawmakers has urged President Joe Biden to extend a Sunday deadline for TikTok to divest from its Chinese parent company over national security concerns or face a nationwide ban, saying presidential action is needed to avoid "catastrophic" effects of the wildly popular social media platform going dark.

  • January 16, 2025

    Trump Names Senate Commerce Aide As FCC Commissioner

    President-elect Donald Trump on Thursday named Olivia Trusty, a top Republican aide on the U.S. Senate Commerce Committee, as his pick for the next GOP commissioner on the Federal Communications Commission.

  • January 16, 2025

    Venable Hires Senior Cybersecurity Services Director In DC

    Venable LLP has hired the former head of advanced cybersecurity solutions and partnerships at Mandiant, a cybersecurity company, as senior director for cybersecurity services in Washington, D.C..

  • January 16, 2025

    Henry Ford Patient Drops Data-Scraping Claims

    Henry Ford Health has resolved a proposed class action accusing the health system of sharing patients' data with Meta Platforms Inc. and Google Inc. via tracking software embedded in the hospital system's websites, including its patient portal.

  • January 16, 2025

    CFPB Says Block Must Pay Up To $175M Over Cash App

    The Consumer Financial Protection Bureau said Thursday that it has ordered Block Inc. to pay up to $175 million for alleged anti-fraud, customer service and dispute resolution failures tied to Cash App, its peer-to-peer mobile payment app.

  • January 15, 2025

    Microsoft Accused Of Stealing Online Marketer Commissions

    An affiliate marketing company whose software aims to help online shoppers support or avoid certain businesses hauled Microsoft into Washington federal court on Tuesday, alleging in a proposed class action that the technology giant steals referral fees and sales commissions by replacing online marketers' affiliate marketing cookies with its own.

  • January 15, 2025

    Quest Diagnostics Gets Meta Data-Share Suit Tossed For Now

    Quest Diagnostics got allegations that it unlawfully shared patient data with Meta Platforms through ad tracking software dismissed Tuesday, after persuading a New Jersey federal judge to reconsider his earlier ruling that allowed an eavesdropping claim under California's Invasion of Privacy Act to go forward.

  • January 15, 2025

    Man Who Sued Ex-Girlfriend Over Nude Photo Keeps Trial Win

    A man who successfully sued his former girlfriend after she shared an "unflattering nude photograph" of him with her female friends can keep an award for emotional distress damages, a Massachusetts Appeals Court panel ruled Wednesday.

Expert Analysis

  • How DOGE's Bite Can Live Up To Its Bark

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    All signs suggest that the Department of Government Efficiency will be an important part of the new Trump administration, with ample tools at its disposal to effectuate change, particularly with an attentive Republican-controlled Congress, say attorneys at K&L Gates.

  • 2024 Was A Significant Year For HIPAA Compliance

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    The Office of Civil Rights' high level of Health Insurance Portability and Accountability Act activity in 2024 and press releases about its specific focus on certain cybersecurity issues make it abundantly clear that the OCR is not going to tolerate widespread compliance complacency, says Nathan Kottkamp at Williams Mullen.

  • Small Biz Caught In Corporate Transparency Act Crossfire

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    Despite compliance being put on hold due to a nationwide preliminary injunction, small businesses have been caught in the middle of the legal battle over the Corporate Transparency Act — and confusion over the law's requirements could result in major penalties, say attorneys at Snell & Wilmer.

  • 5 Notable Information Security Events In 2024

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    B. Stephanie Siegmann at Hinckley Allen discusses 2024's largest and most destructive data breaches seen yet, ranging from ransomware disrupting U.S. healthcare systems on a massive scale, to tensions increasing between the U.S. and China over cyberespionage and the control of U.S. data.

  • Series

    Playing Rugby Makes Me A Better Lawyer

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    My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.

  • Looking Back At 2024's Noteworthy State AG Litigation

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    State attorneys general across the U.S. took bold steps in 2024 to address unlawful activities by corporations in several areas, including privacy and data security, financial transparency, children's internet safety, and other overall consumer protection claims, say attorneys at Troutman Pepper.

  • What Broker-Dealers Must Know Before Selling Bitcoin ETPs

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    Interest in bitcoin exchange-traded products is already high, and only expected to grow in light of the incoming Trump administration's pro-crypto stance, but broker-dealers must still consider numerous regulatory requirements before recommending a bitcoin ETP to a client, say Frank Weigand and Justine Woods at Cahill Gordon.

  • Cyber Disclosure Is A Mainstay In 2025 SEC Exam Priorities

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    Despite a new administration and a new U.S. Securities and Exchange Commission chair incoming, the SEC's 2025 examination priorities signal that cybersecurity disclosures and risk management practices will remain important due to the growing threat of cyberattacks, says Anjali Das at Wilson Elser.

  • Reviewing 2024's Evolving EdTech Privacy Regulations

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    Lawmakers are trying to keep up with the privacy and security risks of the increasingly prevalent education technology, with last year's developments including the Federal Trade Commission's proposed amendments to the Children's Online Privacy Protection Act, and the U.S. Senate passing two new children's privacy acts, say attorneys at McDermott.

  • Opinion

    No, Litigation Funders Are Not 'Fleeing' The District Of Del.

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    A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.

  • Series

    Calif. Banking Brief: All The Notable Legal Updates In Q4

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    Douglas Thompson at Snell & Wilmer highlights a number of recent and pending issues, actions and potentially pivotal federal regulatory and legislative developments on deck that will affect California banks and financial institutions.

  • 5 E-Discovery Predictions For 2025 And Beyond

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    In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.

  • What's Ahead As Transparency Act Comes To A Crossroads

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    Synthesizing the contrasting federal district and appellate court rulings on the Corporate Transparency Act’s validity reveals several main areas of debate that will likely remain at issue as challenges to the law continue winding through the courts, say attorneys at Farella Braun.

  • Celebs' Suits Show Limits Of Calif. Anti-SLAPP Laws

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    Two recent cases including Amanda Ghost v. Rebel Wilson and Leviss v. Sandoval highlight the delicate balancing act courts must perform in weighing free speech against privacy and reputational harm under California's robust anti-strategic lawsuit against public participation laws, say attorneys at Nixon Peabody.

  • Where Payments Law And Regulation Are Headed In 2025

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    The Trump administration will likely bring significant changes to payments regulations in 2025, but maintaining internal compliance efforts in the absence of robust federal oversight will remain key as state authorities and private plaintiffs step into the breach, say attorneys at Stinson.

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