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Cybersecurity & Privacy
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February 11, 2025
Fla. Judge OKs $7M Deal In Health Data Breach Class Action
A Florida federal judge Tuesday granted final approval of a $7 million class action settlement as part of multidistrict litigation over the theft of personal information from millions of U.S. citizens in a health data breach linked to a Russian ransomware group.
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February 11, 2025
DC Circ. Won't Pause Google Search Case For Apple Appeal
The D.C. Circuit refused to pause the government's search monopolization case against Google while Apple appeals a ruling that denied its bid to participate in a coming April trial meant to determine what remedies to impose on Google for violating antitrust law.
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February 11, 2025
Crowell & Moring Adds Two Former In-House Counsel
Crowell & Moring LLP has hired two attorneys who most recently worked in-house in leadership roles with the International Association of Privacy Professionals and the global technology investor Naspers, now joining the firm's privacy and cybersecurity group as senior counsel, the firm announced Tuesday.
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February 11, 2025
Wiley Brings On Longtime FTC Atty As Counsel
Washington, D.C., firm Wiley Rein LLP has added a former Federal Trade Commission official as counsel, the firm said in a Tuesday announcement.
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February 11, 2025
Commerce Powers Key In Battle Over Corp. Transparency Law
The question of whether Congress exceeded its powers to regulate commerce by enacting the Corporate Transparency Act is likely to feature in a potential U.S. Supreme Court resolution to around a dozen challenges to the law that are percolating through the courts.
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February 11, 2025
Automakers Lose Fight To Block Mass. 'Right To Repair' Law
A Massachusetts federal judge on Tuesday tossed what was left of a long-running suit filed by major automakers seeking to block a Bay State law requiring vehicle manufacturers to provide open access to telematics systems.
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February 10, 2025
Feds Nab Plea In Bitcoin-Boosting Hack Of SEC X Account
An Alabama man on Monday pled guilty to being involved with the hack of the U.S. Securities and Exchange Commission's X account last year, admitting to a single conspiracy charge and agreeing to forfeit $50,000 he made from the scheme that briefly bumped the price of bitcoin.
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February 10, 2025
GOP Sens. Restart Effort To Get Lawmaker OK For Major Regs
It could become tougher for the Federal Communications Commission to adopt new rules for the telecom industry under a bill Republicans have reintroduced that would require a congressional green light for major new regulations.
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February 10, 2025
9th Circ. Affirms Officers' Immunity For Getting Phone Contents
The Ninth Circuit on Monday upheld a summary judgment win for a sheriff and county prosecutor accused of illegally obtaining the contents of a drug arrestee's phone, ruling that they unlawfully got copies of the phone's contents but that the prosecutor who requested them was entitled to qualified immunity.
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February 10, 2025
Amazon Used App Toolkit To Harvest User Data, Suit Says
Amazon has used Candy Crush Saga, Subway Surfers and other mobile apps as a "Trojan Horse" to ingrain secret tracking mechanisms in hundreds of millions of consumers' smartphones through a software development kit for developers, according to a new proposed class action in Seattle federal court.
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February 10, 2025
Sandy Hook Families Accuse Alex Jones Of 'Ambush' Appeal
Connecticut's highest court should swat down Infowars host Alex Jones' attempt to appeal a record-smashing Sandy Hook defamation verdict because he abandoned the very defenses he now seeks to present under a special type of review for unpreserved constitutional arguments, the victims of the 2012 mass shooting have said.
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February 10, 2025
5th Circ. Urged To Reject Crypto Exec's Privacy Law Claim
The IRS complied with a financial privacy law to summon third-party bank records belonging to a cryptocurrency executive under investigation, the U.S. government told the Fifth Circuit on Monday in the businessman's appeal to overturn a lower court decision that rejected his bid to quash the summonses.
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February 10, 2025
Apple Says Child Porn Detection Suit Can't Stand
Victims of child sexual abuse materials can't bring a proposed class action accusing Apple of spreading the videos and images, the tech giant has told a California federal court, arguing the company is protected by Section 230 of the Communications Decency Act.
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February 10, 2025
Apple Pushes DC Circ. To Pause Google Search Case
Apple told the D.C. Circuit on Monday it did not become clear that it needs to intervene in the government's search monopolization case against Google until enforcers proposed remedies that affected Apple's conduct too.
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February 10, 2025
Megan Thee Stallion's Trial Lies Suit Survives Dismissal Bid
A Florida federal judge has largely kept alive Megan Thee Stallion's lawsuit accusing a social media personality of acting as a paid surrogate of her convicted shooter, fellow rapper Tory Lanez, to spread lies about the trial and for promoting an AI-generated pornographic video that appears to depict her.
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February 10, 2025
Boston Man Not Guilty In Chinese 'Agent' Case
A Boston man was acquitted Monday of federal charges that he acted as an unregistered agent for China by allegedly spying on pro-democracy activities and organizing a group to advocate for the interests of the Chinese government.
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February 10, 2025
Trump Buyout Plan Still On Hold As Unions Cite 'Confusion'
A Boston federal judge on Monday extended his hold on President Donald Trump's federal worker buyout program as he weighs a request from unions to block the so-called Fork Directive, which promises months of pay to government employees who resign their posts.
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February 10, 2025
Bird Shelter Settles 2nd Nuisance Calls Suit With UnitedHealth
UnitedHealth Group Inc. has settled a proposed class action brought by a North Carolina bird refuge over nuisance calls the health insurer allegedly made to consumers even after it demanded the calls stop, according to a court order pausing the case.
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February 10, 2025
Cybersecurity & Privacy Group Of The Year: Keller Rohrback
Keller Rohrback won final approval of a $725 million settlement in a case accusing Facebook of harvesting millions of users' data, and a year later, sought preliminary approval of a $30 million settlement in security breach litigation against 23andMe, placing the firm among the 2024 Law360 Cybersecurity & Privacy Groups of the Year.
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February 10, 2025
'Stand Down': CFPB's Acting Chief Pulls Employees Off Job
The Trump administration's acting Consumer Financial Protection Bureau Director Russell Vought told agency staff on Monday to "stand down" from doing any work, the latest in a series of rapid-fire moves that are sidelining the agency and prompting employees to sue.
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February 07, 2025
FCC Aims To Expand 'Do Not Originate' Call Coverage
The Federal Communications Commission is getting ready to vote on a rule change that would expand the number of voice providers who must comply with the agency's "do not originate" rules, which aim to staunch onslaughts of scam calls.
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February 07, 2025
Calif. Student Group Sues Ed Dept. Over DOGE Data Access
The University of California Student Association sued the U.S. Department of Education in D.C. federal court on Friday, claiming it unlawfully shared access to confidential student data with the Elon Musk-led Department of Government Efficiency.
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February 07, 2025
Feds Defend Corporate Transparency Act In 5th And 4th Circuits
The U.S. government defended the Corporate Transparency Act in the Fifth and Fourth Circuits on Friday, urging the former to reverse a Texas federal judge's nationwide injunction on the law and the latter to affirm a Virginia federal judge's rejection of a bid to block the law's enforcement.
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February 07, 2025
DOJ Tells DC Circ. Not To Delay Google Search Fix For Apple
The U.S. Department of Justice and state enforcers told the D.C. Circuit Friday that the remedies phase of the search monopolization case against Google is too important to wait while Apple appeals a ruling denying its last minute bid to intervene in the case.
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February 07, 2025
SolarWinds Accepts $4.4B Sale To PE Firm Turn/River Capital
SolarWinds said Friday it has agreed to be sold to Turn/River Capital for $4.4 billion, marking a notable turnaround for a company that came back from a consequential 2020 data breach to become what its CEO told Law360 is now "one of the most secure software companies."
Expert Analysis
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With Precautions, AI Can Help With Suspicious Activity Filings
While artificial intelligence can enhance suspicious activity report processes, financial services firms should review applicable expectations and areas of deficiencies that can lead to enforcement actions before using AI to help write SARs, say attorneys at Jenner.
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9th Circ.'s High Bar May Limit Keyword Confusion TM Claims
A recent Ninth Circuit ruling that a law firm did not infringe upon a competitor’s trademarks by paying Google to promote its website when users searched for the rival’s name signals that plaintiffs likely can no longer win infringement suits by claiming competitive keyword advertising confuses internet-savvy consumers, say attorneys at Mitchell Silberberg.
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Mitigating Defamation Liability Risks Of AI-Generated Content
Until Congress and the courts provide clear guidance about defamation liability stemming from generative artificial intelligence tools, companies should begin building controls to prevent the creation of defamatory content, says Michael Gerrity at Accenture.
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What Trump's Next Term May Mean For Biz Immigration
Leonard D'Arrigo at Harris Beach discusses the employment-based immigration policies businesses can potentially expect during President-elect Donald Trump’s second term, based on policies enacted during his first administration, statements made during his campaign and proposals in Project 2025.
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Takeaways From Final Regulations For China Investment Ban
The U.S. Department of the Treasury’s final rule banning U.S. investment in emerging Chinese technology clarifies some key requirements, includes additional exceptions for covered transactions and attempts to address concerns that the rule will put U.S. businesses at a competitive disadvantage, say attorneys at Simpson Thacher.
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Compliance Considerations Of DOJ Data Security Rule
Under the U.S. Department of Justice's proposed rule aiming to prevent certain countries' access to bulk U.S. sensitive personal data, companies must ensure their vendor, employment and investment agreements meet strict new data security requirements — or determine whether such contracts are worth the cost of compliance, say attorneys at Eversheds Sutherland.
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Balancing Health Tech Advances And Clinical Responsibility
To maintain their clinical responsibilities and mitigate potential legal risk, health professionals should incorporate the benefits of new medical technology powered by artificial intelligence while addressing its risks and limitations, says Kathleen Fisher Enyeart at Lathrop GPM.
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AI Monitoring And FCRA: Employer Compliance Essentials
As the Consumer Financial Protection Bureau and the Federal Trade Commission signal determination to treat AI-based workplace surveillance as a potential Fair Credit Reporting Act issue, employers must commit to educating HR and compliance staff on these quickly evolving regulatory expectations, say attorneys at Sheppard Mullin.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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When Investigating An Adversary, Be Wary Of Forged Records
Warnings against the use of investigators who tout their ability to find an adversary’s private documents generally emphasize the risk of illegal activity and attorney discipline, but a string of recent cases shows an additional danger — investigators might be fabricating records altogether, says Brian Asher at Asher Research.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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How To Safely Leverage AI In The Digital Assets Industry
Digital asset businesses that use or plan to implement artificial intelligence should assess their risk management frameworks to ensure that AI-related business areas, including customer support and fraud detection, are in compliance with applicable laws and regulatory guidance from the last year, say attorneys at Winston & Strawn.
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Navigating Decentralized Clinical Trials With FDA's Guidance
The U.S. Food and Drug Administration's recently finalized guidance on conducting decentralized clinical trials, while not legally binding, can serve as a road map for sponsors, investigators and others to ensure trial integrity and participant safety, say attorneys at Phillips Lytle.
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Unpacking The CFPB's Personal Financial Data Final Rule
The Consumer Financial Protection Bureau's personal financial data rights rule includes several important changes from the proposed rule, and hundreds of pages of supplementary information that provide important insights into the manner in which the bureau will enforce the final rule, say attorneys at Sidley.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.