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Cybersecurity & Privacy
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December 20, 2024
CFPB Sues BofA, Wells Fargo, JPMorgan Over Zelle Fraud
The Consumer Financial Protection Bureau sued Bank of America, JPMorgan Chase and Wells Fargo on Friday, alleging their customers have lost more than $870 million through a "massive scale" of fraud on the payment network Zelle while the banks turned a blind eye.
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December 19, 2024
Google Health Tracking Plaintiffs Fight To Keep Suit Alive
A California federal judge who was asked by Google to toss a proposed class action alleging that the tech giant illicitly scoops up users' personal data from healthcare providers' websites indicated during a Thursday hearing that he might grant the request while adding that he still has "a lot more thinking to do."
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December 19, 2024
X Corp. Fails To Toss Data Breach Suit
A California federal judge has refused to toss a twice-amended putative class action accusing X Corp. of failing to protect over 200 million users' personal information but tossed a breach of contract claim, saying users couldn't lean on the social media company's blog posts to allege X broke express security promises.
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December 19, 2024
Walgreens Must Face Uninjured Plaintiff's Receipt Class In Ill.
An Arizona consumer who wasn't harmed by her Walgreens receipt's alleged overdisclosure of debit card information has standing to sue the company in Illinois, even if her suit is brought under federal law, a split state appellate panel said Thursday.
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December 19, 2024
5th Circ. Finds No 230 Immunity In Salesforce Trafficking Suit
The Fifth Circuit on Thursday shut down Salesforce Inc.'s arguments that it was immune under the Communications Decency Act to claims that it benefited from sex trafficking that took place on Backpage.com, saying the plaintiffs' claims do not treat Salesforce as a publisher or speaker of third-party content.
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December 19, 2024
FCC Told No Way To Network-Level Scan Of Calls For AI
Consumer advocacy groups have come together to tell the Federal Communications Commission that they hate spam calls as much as anyone else, but they can't support a plan that would allow calls to be scanned for artificial intelligence at the network level.
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December 19, 2024
McKesson Urges Justices To Keep Hobbs Act's 'Exclusivity'
McKesson Corp. is urging the U.S. Supreme Court to preserve circuit courts' "exclusive" jurisdiction for Federal Communications Commission orders, warning that regulatory consistency nationwide could be undermined if lower courts are allowed to step in.
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December 19, 2024
Top Gov't Contracts Policies Of 2024
Lawmakers and federal agencies have introduced several consequential policy moves affecting government contractors this year, including a long-pending cybersecurity rule for defense contractors and a clarification to an unintendedly harsh interpretation of a federal registration requirement.
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December 19, 2024
CMA Issues Guidance For New Digital Competition Rules
Britain's Competition and Markets Authority released guidance Thursday laying out how the agency intends to use its new powers to impose rules and obligations on large technology companies, ahead of the regime's launch next year.
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December 19, 2024
Tornado Cash Founder Says 5th Circ. Order Merits Dismissal
The founder of cryptocurrency mixing service Tornado Cash renewed his bid to dismiss his money laundering and sanctions violation charges, saying a recent Fifth Circuit decision that found the company's smart contracts were not sanctionable property is fatal to the case.
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December 19, 2024
Atty Loses Bid To Exit Suits Over Unpaid Abuse Case Awards
A personal injury attorney cannot have an early exit from negligence suits filed by three former clients over settlement payments, a Connecticut state judge ruled Wednesday, finding that a decision in a related case initiated by one of the plaintiffs did not resolve the complaints against the attorney.
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December 18, 2024
Funding Bill Takes In Broadband, Ticketing, Privacy
A congressional spending package that would fund the federal government through March is set to include a slew of bipartisan proposals aimed at digital security, online pricing transparency and rural broadband access.
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December 18, 2024
11th Circ. Doubtful Of FCC's Marketing Consent Clampdown
Eleventh Circuit judges appeared skeptical Wednesday of the Federal Communications Commission's legal justification for a marketing rule that requires selecting businesses on an individual basis through comparison shopping sites before the businesses can reach out to consumers.
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December 18, 2024
Conn. AG Can't Close Courtroom In Ghost Gun Hearing
A Connecticut state judge won't close the courtroom for a damages hearing in a suit by the state against an online shop selling so-called ghost gun kits, saying the public's interest in the facts of the case outweighs the state's concerns about an undercover investigator's safety.
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December 18, 2024
Bain Seeks Controlling Stake Despite Fuji Soft Rejection
Bain Capital is seeking to execute a tender offer for a controlling stake in Fuji Soft despite the Japanese company's decision to proceed with an alternative buyout offer from KKR, stating in a Wednesday presentation that it has "significant concerns" about a Fuji Soft special committee's independence.
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December 18, 2024
NC Lt. Gov. Wants Defamation Suit Kicked Back To State Court
North Carolina Lt. Gov. Mark Robinson has urged a federal judge to return his defamation suit against CNN to state court, arguing that his claims against the network are tied to those against a former porn store clerk such that the lower trial court is better suited to hear the case.
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December 18, 2024
Congress Passes $3B Funding For FCC's 'Rip And Replace'
The U.S. Senate cleared legislation Wednesday to fully fund the Federal Communications Commission's "rip and replace" telecom security program to the tune of $3.08 billion as part of a sweeping defense spending authorization.
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December 18, 2024
High Court To Review TikTok Sale-Or-Ban Law
The U.S. Supreme Court announced Wednesday that it will fully review TikTok's First Amendment challenge to a federal law requiring the wildly popular social media platform to divest from its Chinese parent company or face a nationwide ban, scheduling expedited oral arguments one week before the law's effective date.
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December 17, 2024
UNC Doctor Can't Shield Minor Transgender Patients' Records
A University of North Carolina doctor cannot assert privilege over medical records sought from the university by state Republicans fighting a suit by the physician and others seeking to enjoin a law imposing limits on transgender care for minors, a federal magistrate judge has ruled.
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December 17, 2024
Texas Rep. Aims To Bar DOD Buys From China-Linked IT Cos.
Rep. Pat Fallon, R-Texas, introduced a bill Tuesday that would prohibit the U.S. secretary of defense from entering into information technology contracts with companies with certain ties to China, saying cyberattacks have highlighted the vulnerability of the country's defense and IT systems to foreign interference.
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December 17, 2024
Google-Apple Collusion Plaintiff Asks 9th Circ. To Revive Suit
A California crane operator training school asked the Ninth Circuit on Monday to revive its case accusing Google of paying Apple to refrain from developing its own search engine in light of a recent Washington, D.C., federal judge's decision that Google monopolizes the search market.
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December 17, 2024
AGs Can File Opposition To Clearview AI BIPA Deal
An Illinois federal judge is allowing 22 states and the District of Columbia to challenge a deal to end multidistrict litigation over Clearview AI's practice of automatically collecting biometric facial data online, with attorneys general arguing the settlement would provide no meaningful injunctive relief and give plaintiffs an unknown financial stake in the company.
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December 17, 2024
Texas Judge Won't Pause Block Of Corp. Transparency Law
A Texas federal judge on Tuesday denied the government's request to stay his nationwide block of a corporate transparency law while an appeal is pending, saying his view that Congress lacks the constitutional authority to enact the legislation is likely to prevail at the Fifth Circuit.
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December 17, 2024
Judge To Expedite Doc Decision In Atty's Voting Machine Case
A Michigan state judge said prosecutors' case against an attorney accused of illegally accessing a voting machine needs to keep moving forward, vowing Tuesday to rule quickly on a request for grand jury transcripts the attorney claims show the jury was misled about the charges.
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December 17, 2024
Plex Wrongly Refused To Arbitrate Privacy Claims, Suit Says
A Plex subscriber is claiming the streaming service violated its terms of service by refusing to arbitrate claims that it was breaching federal and state privacy laws.
Expert Analysis
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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Planning For Cyber Incident Reporting Requirements In Sports
Attorneys at Wiley discuss the proposed rules under the Cybersecurity Incident Reporting for Critical Infrastructure Act that would impose extensive reporting requirements on professional and collegiate athletic organizations, universities and sports venues, including defining a covered entity and analyzing the types of events that would trigger reporting.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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6 Tips For Cos. Facing Service Provider Cyber Incidents
When a third-party service provider experiences a cybersecurity incident, businesses may wonder if their information is compromised and if their systems are safe, but there are certain steps that can help businesses prepare for and respond to targeted attacks on vendors, say attorneys at Troutman Pepper.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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An Update On Legal Issues In The Drone Market
Marialuisa Gallozzi and Alex Slawson at Covington examine recent developments in the legal issues surrounding the growing drone market, including possible First Amendment protections, Fourth Amendment surveillance, and litigation involving criminal and civil penalties, evidentiary pursuits, and insurance.
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Compliance Pointers For Amended Pa. Data Breach Law
Recent updates to the Pennsylvania Breach of Personal Information Notification Act include a requirement that organizations alert the state's attorney general of certain consumer data breach notifications, and several incident response and cybersecurity considerations will be necessary to ensure compliance, say Matthew Meade and Laura Decker at Eckert Seamans.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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What To Make Of Dueling Corporate Transparency Act Rulings
Although challenges to the Corporate Transparency Act abound — as highlighted by recent federal court decisions from Alabama and Oregon taking opposite positions on its constitutionality — the act is still law, so companies should comply with their filing requirements or face the potential consequences, say attorneys at Lowenstein Sandler.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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California's AI Safety Bill Veto: The Path Forward
California Gov. Gavin Newsom's veto of a bill that sought to impose stringent regulations on advanced artificial intelligence model development has sparked a renewed debate on how best to balance innovation with safety in the rapidly evolving AI landscape, say Bobby Malhotra and Carson Swope at Winston & Strawn.
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New TCPA Rule Faces Uncertain Future Post-Loper Bright
The Federal Communications Commission's new rule aiming to eliminate lead generators' use of unlawful robocalls is now in doubt with the U.S. Supreme Court's Loper Bright decision, and the Eleventh Circuit's Insurance Marketing Coalition v. FCC is poised to be a test case of the agency's ability to enforce the Telephone Consumer Protection Act post-Chevron, say attorneys at Baker McKenzie.