Cybersecurity & Privacy

  • February 26, 2024

    NIST Widens Cybersecurity Framework To Cover All Industries

    The U.S. Department of Commerce agency that developed a landmark cybersecurity framework for critical infrastructure operators announced Monday that it had finalized a long-anticipated update, aimed at helping all industry sectors and organizations, to a voluntary tool to better manage cyber risks.

  • February 26, 2024

    Clement, Prelogar Odd Bedfellows In Social Media Showdown

    After GOP-led states targeted perceived stifling of conservative voices on social media, Monday's oral arguments at the U.S. Supreme Court could have featured predictable partisan fissures. But the case instead illustrated that legal ideology in the digital age is sometimes surprising.

  • February 26, 2024

    NC Health Data Breach Class Deal Gets Preliminary OK

    A North Carolina state judge has preliminarily approved a settlement resolving a class action against an orthopedic practice over a data breach that compromised sensitive personal information and medical records of current and former patients.

  • February 26, 2024

    Apple Antitrust Class Action Gets Early 2026 Trial Date

    A California federal judge on Monday set trial in a high-stakes consumer class action antitrust fight over Apple's App Store policies for February 2026, but refused to weigh in on Apple's request to pause certain discovery while the tech giant appeals the judge's recent class certification decision.

  • February 26, 2024

    MLB.tv Illegally Shares Users' Info With Facebook, Suit Says

    Major League Baseball Advanced Media LP violates the privacy rights of MLB.tv subscribers by secretly monitoring their video viewing activities and sharing that and other personal information with Facebook without permission, according to a putative class action filed Monday in New York federal court.

  • February 26, 2024

    Don't Nix Cash App Referral Text Suit, Consumer Says

    Cellphone users alleging mobile payment service Cash App bombarded them with "annoying and harassing spam texts" have told a Seattle federal judge that Cash App's parent company shouldn't be allowed to escape their suit, pointing to recent and "nearly identical" claims against trading app Robinhood that survived a dismissal bid and subsequently settled for a proposed $9 million.

  • February 26, 2024

    Justices Say Social Media Speech Laws Pose 'Land Mines'

    The U.S. Supreme Court seemed skeptical Monday of the constitutionality of Florida and Texas laws prohibiting social media platforms from removing content or users based on viewpoint, but struggled with whether the still-developing records in the lawsuits challenging the regulations could support a meaningful ruling on platforms' First Amendment rights.

  • February 26, 2024

    NC Hospital's Weak Data Security Led To Breach, Suit Says

    A patient filed a proposed class action in North Carolina's business court alleging a hospital system's inadequate data security resulted in a breach that allowed hackers to access private personal and health information.

  • February 26, 2024

    Feds Blacklist Canadian Surveillance Co. Over Egypt Work

    The Bureau of Industry and Security added Canadian network surveillance provider Sandvine Inc. to its export blacklist on Monday over the surveillance provider's support to the Egyptian government's program of censorship and political repression.

  • February 26, 2024

    Two Indicted In $3.9M Fraudulent Business Email Scheme

    The U.S. Department of Justice has announced that a federal grand jury indicted two men for an email conspiracy that duped an asbestos abatement company and a shipping company into depositing about $3.9 million into their own bank accounts instead of the intended.

  • February 26, 2024

    Meta Drops Data Scraping Fight Against Israeli Co.

    Meta told a California federal judge Friday it's agreed to drop its remaining claim in litigation alleging Israeli company Bright Data unlawfully scrapes user data from Meta's social media platforms to sell to third parties, and Meta also agreed to waive its right to appeal its recent partial summary judgment loss.

  • February 26, 2024

    $9.7M Financial Network Telemarketing Deal Gets Final OK

    A California federal judge granted final approval Friday to a $9.75 million class action settlement against a debt consolidation company and its subsidiaries for telemarketing calls that plaintiffs say violated the Telephone Consumer Protection Act.

  • February 26, 2024

    Conn. Client Pans Firm's Late Reveal Of Prior Email Mess

    An optometrist who claims a fraudster infiltrated her lawyer's email system and tricked her into wiring $90,586 to an incorrect account has challenged the firm's "very late post-trial disclosure" of five pages of emails about an alleged earlier incident, saying the messages are relevant to her own case.

  • February 26, 2024

    Marshall & Melhorn Seeks Pause To Settle Data Breach Row

    Ohio firm Marshall & Melhorn LLC and a proposed class of over 27,000 of its clients affected by a 2021 ransomware attack urged an Ohio federal judge on Friday to institute a pause in the suit so they can reach a settlement with an outside mediator.

  • February 26, 2024

    Lumen, AI Software Co. Settle $6M Trade Secrets Spat

    A Lumen Technologies subsidiary and a Texas-based AI company have settled a trade secrets lawsuit accusing Lumen of misappropriating the company's proprietary software and stiffing it on payments after ending their licensing agreement, according to a notice of settlement filed in Colorado federal court Friday.

  • February 24, 2024

    Up Next At High Court: Social Media Laws & Bump Stocks

    The U.S. Supreme Court will hear oral arguments related to three big-ticket cases this week in a pair of First Amendment challenges to Florida and Texas laws prohibiting social media platforms from removing content or users based on their viewpoints and a dispute over the federal government's authority to ban bump stocks.

  • February 23, 2024

    Grocery Delivery Co. Weee Escapes Data Breach Suit

    A New York federal judge has tossed a proposed class action against online grocery-delivery company Weee Inc. over a data breach without leave to amend, saying the plaintiffs failed to show a risk of injury since the leak only concerned low-risk data and not information such as payment records or passwords.

  • February 23, 2024

    GameStop Can't Ditch Suit Over Data Sharing With Facebook

    A California federal judge has refused to shut down a putative class action accusing GameStop Inc. of unlawfully sharing its customers' personal information with Facebook, ruling that the video game retailer qualified as a "video tape service provider" covered by federal privacy law. 

  • February 23, 2024

    FTC Rips H&R Block's 'Deceptive' Marketing, 'Coercive' Ploys

    The Federal Trade Commission filed an administrative complaint against H&R Block claiming the tax preparation company deceptively marketed some products as "free" and "coerced" people to pay for pricier products, the government agency announced Friday.

  • February 23, 2024

    Seattle Hospital Gets Facebook Browser Tracking Suit Tossed

    A Washington state judge sided with Seattle Children's Hospital on Friday, throwing out a proposed class action accusing the healthcare provider of privacy law violations and agreeing the group of parents hadn't shown how the use of a browser tracking tool on its website disclosed confidential patient information to Facebook.

  • February 23, 2024

    Meta Unlikely To Beat Most Of BIPA Suit Over Voiceprints

    A California federal judge on Friday said she's inclined to deny the bulk of Meta Platforms Inc.'s request to dismiss a proposed biometric privacy class action claiming the social media company collects and stores customer voiceprints through its Facebook and Messenger platforms in violation of Illinois' Biometric Information Privacy Act.

  • February 23, 2024

    Crypto Org, Bitcoin Miner Sue DOE Over Electricity Survey

    A Texas cryptocurrency industry association and a crypto-mining company have sued the U.S. Department of Energy in an attempt to block its plans to solicit mining companies' information about electricity consumption, alleging the department shirked the proper statutory process to collect the data.

  • February 23, 2024

    The New BIPA? Attys Warn GIPA Is A 'Live Grenade'

    After notable appellate victories in biometric privacy cases, Illinois plaintiffs have seized upon a previously little-used law protecting workers' genetic privacy, leaving defense attorneys wondering if history will repeat itself and open companies to potentially explosive liability. 

  • February 23, 2024

    Social Media Addiction Fight Akin To Big Tobacco, Judge Says

    A California federal judge appeared skeptical Friday of dismissing claims by parents and children seeking to hold Facebook founder Mark Zuckerberg liable in sprawling personal injury multidistrict litigation over social media's allegedly addictive design, comparing the addiction allegations to Big Tobacco cases that proceeded past the pleading stage.

  • February 23, 2024

    DOD Watchdog Flags Increased Emphasis On Contract Fraud

    The U.S. Department of Defense's internal watchdog has been expending more effort to fight procurement fraud, in "a shift" from healthcare fraud being the primary focus for federal investigators, according to Inspector General Robert Storch.

Expert Analysis

  • Using Arbitration And Class Waivers As Privacy Suit Tools

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    Amid a surge in data breach class actions over the last few years, several federal court decisions indicate that arbitration clauses and class action waiver provisions can be possible alternatives to public court battles and potentially reduce the costs of privacy litigation, say Mark Olthoff and Courtney Klaus at Polsinelli.

  • 6 Pointers For Attys To Build Trust, Credibility On Social Media

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    In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.

  • 5 Lessons For SaaS Companies After Blackbaud Data Breach

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    Looking at the enforcement actions that software-as-a-service provider Blackbaud resolved with state attorneys general, the U.S. Securities and Exchange Commission and the Federal Trade Commission in the past year can help SaaS companies manage these increasingly common forms of data breaches, say attorneys at Orrick.

  • SEC Regs Give Banks Chance To Step Up Cyber Safety Game

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    Just as the Sarbanes-Oxley Act forced financial institutions to undertake best practices in recordkeeping, the U.S. Securities and Exchange Commission’s recently effective cybersecurity regulations stand to similarly drive those same enterprises to seek out and implement best practices in cybersecurity, to everyone's benefit, says James Gerber at SimSpace.

  • A Post-Mortem Analysis Of Stroock's Demise

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    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

  • How DOD Can Improve Flexibility Under Proposed Cyber Rule

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    The U.S. Department of Defense should carefully address some of the more nuanced aspects of the Cybersecurity Maturity Model Certification program to avoid unintended consequences, specifically the proposal to severely limit contractor use of plans of actions and milestones, say Joshua Duvall at Maynard Nexsen and Sandeep Kathuria at L3Harris Technologies.

  • Understanding SEC's Focus Amid Lack Of Final AI Rules

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    Although the U.S. Securities and Exchange Commission's proposed rules to govern artificial intelligence are likely far from being finalized, understanding existing regulatory provisions that could address AI risks with respect to development, disclosure, compliance and data protection could help firms anticipate and avoid pitfalls, say attorneys at Skadden.

  • What's On The Horizon In Attorney General Enforcement

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    A look at recent attorney general actions, especially in the areas of antitrust and artificial intelligence, can help inform businesses on what they should expect in terms of enforcement trends as 10 attorney general races play out in 2024, say attorneys at Cozen O'Connor.

  • $32.4M Fine For Info Disclosure Is A Stark Warning For Banks

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    The New York State Department of Financial Services and the Federal Reserve's fining of a Chinese state-owned bank $32.4 million last month underscores the need for financial institutions to have policies and procedures in place to handle confidential supervisory information, say attorneys at Sidley.

  • Navigating The FCC's Rules On AI-Generated Robocall Voices

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    The Federal Communications Commission's declaratory ruling issued last week extends the agency's regulatory reach under the Telephone Consumer Protection Act to calls that use artificial intelligence technology to generate voices, laying out a compliance roadmap, but not making AI-cloned voices in robocalls illegal per se, say attorneys at Wiley Rein.

  • Series

    Coaching High School Wrestling Makes Me A Better Lawyer

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    Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.

  • SG's Office Is Case Study To Help Close Legal Gender Gap

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    As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.

  • Despite Risks, AI Is A Worthy Tool For Healthcare Industry

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    Artificial intelligence appears to provide a productive path forward for the healthcare industry, improving economic and human health outcomes, though companies must continue to address certain technology and compliance pain points, says Sarah Abrams at Bowhead Specialty Underwriters.

  • Bitcoin ETF Approval Doesn't Mean SEC Approves Of Crypto

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    While the U.S. Securities and Exchange Commission's approval last month of 11 applications for spot exchange-traded funds tracking bitcoin is a landmark moment for the crypto-asset industry, investors who are hopeful that the SEC will approve similar crypto-based ETFs may be disappointed, says attorneys at Mintz.

  • Key Considerations For Evaluating An AI Vendor

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    As artificial intelligence technology advances across industries, businesses can mitigate risks, while maximizing the value of their investment, by evaluating technology, expertise, support services, transparency and more when selecting an AI vendor, say Rahul Kapoor and Shokoh Yaghoubi at Morgan Lewis.

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