Cybersecurity & Privacy

  • September 20, 2024

    NYC Lexus Dealership Snags Partial Win In TCPA Text Suit

    A Manhattan Lexus dealership was not using technology that violated the Telephone Consumer Protection Act's ban on autodialers, a New York federal judge has ruled, handing the dealership a partial win in a class action accusing it of bugging noncustomers with unsolicited texts.

  • September 20, 2024

    Avenatti Seeks Top Court Review Of Daniels ID Theft Verdict

    Incarcerated celebrity attorney Michael Avenatti has asked the U.S. Supreme Court to review his conviction for misappropriating money from ex-client Stormy Daniels, claiming the Second Circuit's decision upholding the verdict runs afoul of precedent for identity-theft cases.

  • September 20, 2024

    Houston Judge Won't Take Up Prosecutor License Issue

    A Houston judge declined to take up allegations that a government prosecutor participated in a case against a Texas surgeon while her law license was suspended, denying the doctor's show cause motion in a brief order Thursday.

  • September 19, 2024

    Dechert Settles Aviation Exec's Hack Cover-Up RICO Claims

    An airline mogul has cut a confidential deal with Dechert and two former partners of the firm to let them off the hook in his sprawling civil Racketeer Influenced and Corrupt Organizations Act lawsuit in New York federal court, the settling parties announced Thursday.

  • September 19, 2024

    FTC's Holyoak Offers 'Alternative Vision' For Privacy, AI Work

    The Federal Trade Commission needs to rein in its work on data privacy and artificial intelligence rather than pursue sweeping actions that exceed its regulatory authority and threaten to compromise the support and funding the agency gets from Congress, according to one of its Republican commissioners. 

  • September 19, 2024

    Roblox Can't Ax Negligence Claims In Online Gambling Case

    Roblox must face claims it was negligent for failing to shield minor players from gambling through its platform after a California federal judge ruled Thursday that the plaintiffs adequately alleged it was foreseeable that the players would head to online casinos and gamble away their digital currency known as "Robux."

  • September 19, 2024

    Scammers Bilked At Least $230M In Bitcoin, Feds Say

    Two people were arrested and charged with conspiring to steal and launder at least $230 million in bitcoin, allegedly using online monikers like "Anne Hathaway" and "VersaceGod," federal prosecutors said Thursday.

  • September 19, 2024

    Filing After Bar Lapse Was Honest Mistake, Prosecutor Says

    A Texas surgeon facing criminal charges for giving patient data to a media outlet regarding gender-affirming care provided to minors accused the government's lead prosecutor of taking the case while she had a suspended law license, a blunder the attorney called an unintentional error on Thursday.

  • September 19, 2024

    Insurers Wrestle With 'Cyberwar' Policy Exclusions

    The evolving cyberinsurance market could be heading for a seismic shift if more insurers scale back standard business IT breach policies to limit the impact of state-backed cyberattacks on their bottom line.

  • September 19, 2024

    Tech Giants Falling Far Short On Data Privacy, FTC Says

    Facebook, Amazon and other major social media and video streaming platforms are deploying "woefully inadequate" data privacy practices to protect users of all ages, highlighting the urgent need for tighter restrictions on how these companies collect, use and retain personal information, the Federal Trade Commission said in a staff report issued Thursday.

  • September 18, 2024

    Kids' Online Safety, Privacy Bills Move To House Floor

    The House Energy and Commerce Committee on Wednesday advanced a pair of bipartisan bills aimed at enhancing children's digital safety and data privacy, despite several lawmakers voicing concerns with recent changes that a sponsor acknowledged left one measure a "weakened version" of the proposal that passed the U.S. Senate. 

  • September 18, 2024

    AI Musician Denies Purported $10M Streaming Scam

    A North Carolina man facing a novel fraud case alleging he used artificial intelligence on platforms like Apple Music, Spotify and YouTube to generate around $10 million in illegal revenues denied wrongdoing at his initial court appearance Wednesday in New York.

  • September 18, 2024

    FBI Dismantles Chinese Botnet, Urges Victims To Seek Aid

    FBI Director Christopher Wray announced Wednesday that the law enforcement agency has knocked out a botnet operated by a Chinese government-sponsored hacker group that was stealing confidential data by infecting internet-connected devices.

  • September 18, 2024

    Health AI Co. Says Texas AG 'Misrepresents' Compliance Deal

    The Texas attorney general's Wednesday announcement of a compliance agreement with a healthcare-focused artificial intelligence company has sparked backlash from the company, which accused the state prosecutor of "dangerously" misrepresenting their agreement.

  • September 18, 2024

    BIPA Doesn't Conflict With Kids Safety Law, Judge Rules

    An Illinois federal judge on Tuesday rejected Meta's bid to dismiss a biometric privacy class action alleging it improperly stored Messenger and Messenger Kids users' facial geometries to apply bunny-ear and other filters, finding a federal child privacy law does not preempt the suit.

  • September 18, 2024

    Meta Ditches Investor Suit Over Apple Ad Changes For Good

    A California federal judge on Tuesday tossed an investor suit against Meta alleging the tech giant hid the financial impact of Apple's privacy changes on its business, finding the suit's allegations weren't detailed enough to avoid dismissal.

  • September 18, 2024

    Bipartisan Bill Would Boost Acquisition Council's Authority

    A bipartisan group of House lawmakers has introduced a bill to boost a federal advisory council that makes recommendations for mitigating risks within federal supply chains, giving the council more funding and the ability to issue binding removal orders for risky technologies.

  • September 18, 2024

    Groups Seek To Sway FCC's Campaign Ad AI Disclosure Plan

    Consumer advocates want the Federal Communications Commission to strengthen its planned rules to require broadcasters to disclose the use of artificial intelligence in political ads, while the effort continues to draw strong conservative opposition.

  • September 18, 2024

    Staffing Co. Ex-CEO Gets Prison Time For $6M Billing Scheme

    The former CEO of a purported Georgia-based staffing company was sentenced to nearly eight years in federal prison after pleading guilty to fraud-related charges in a $6 million scheme using fake payroll invoices he sent to a financing business in Florida while pretending to be someone else.

  • September 18, 2024

    Ex-Gunster Client Says Firm Can't Shake Data Breach Suit

    A former client urged a Florida federal court Tuesday to reject a bid from Gunster Yoakley & Stewart PA to toss a proposed class action related to a data breach in 2022.

  • September 18, 2024

    EDNY Prosecutor Joins Faegre Drinker

    Faegre Drinker has added a prosecutor from the U.S. Attorney's Office for the Eastern District of New York to its growing white collar litigation practice.

  • September 18, 2024

    Data Brokers Say NJ Judicial Privacy Law Goes Too Far

    A group of data brokers accused of violating the New Jersey judicial privacy measure Daniel's Law has doubled down on its argument to a federal court that the law cannot survive strict constitutional scrutiny and must be thrown out.

  • September 18, 2024

    Calif. Gov. Signs Suite Of Bills Combating AI Deepfakes

    California Gov. Gavin Newsom on Tuesday signed five first-in-the-nation artificial intelligence-related bills giving actors more protections over their digital likenesses and reining in the use of AI-generated deepfakes during elections.

  • September 18, 2024

    Federal Judge Won't Abstain From Pot Payment Co. Dispute

    A Nevada federal judge has declined to abstain from a dispute between a pair of investment firms over the collapse of their joint venture, saying while one company is a subsidiary of a cannabis payment processing company, the dispute can be resolved without dipping into the murky waters of cannabis's federal illegality.

  • September 17, 2024

    JM Smucker Says Rival Is Spreading Uncrustable Lies

    A Los Angeles-based online snack retailer is smearing the image of J.M. Smucker Co.'s signature Uncrustables sandwiches through defamatory social media posts and false claims that its own products are nutritionally superior, the jam giant alleged Monday in an Ohio federal court complaint.

Expert Analysis

  • Why DOJ's Whistleblower Program May Have Limited Impact

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    The U.S. Department of Justice’s new whistleblower pilot program aims to incentivize individuals to report corporate misconduct, but the program's effectiveness may be undercut by its differences from other federal agencies’ whistleblower programs and its interplay with other DOJ policies, say attorneys at Milbank.

  • What 7th Circ. Samsung Decision Means For Mass Arbitration

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    The Seventh Circuit's recent decision in Wallrich v. Samsung highlights the dilemma faced by mass arbitration filers in the face of nonpayment of arbitration fees by the defending party — but also suggests that there are risks for defendants in pursuing such a strategy, says Daniel Campbell at McDermott.

  • Takeaways From Virginia's $2B Trade Secrets Verdict Reversal

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    The Virginia Court of Appeals' recent reversal of the $2 billion damages award in Pegasystems v. Appian underscores the claimant's burden to show damages causation and highlights how an evidentiary ruling could lead to reversible error, say John Lanham and Kamran Jamil at Morrison Foerster.

  • How Justices Upended The Administrative Procedure Act

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    In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.

  • FTC Drives Crackdown On Connected Cars' Data Privacy Risk

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    After the Federal Trade Commission's warning to automakers about data privacy, which continues to emerge as a national concern, automakers must carefully examine their data collection, use and retention practices, say Catherine Castaldo and Michael Rubayo at Reed Smith.

  • Considerations As State AGs Step Up Privacy Enforcement

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    As new state privacy laws take effect, businesses are facing an increasingly complex patchwork of compliance obligations and risk of scrutiny by attorneys general, but companies can gain a competitive edge by building consumer trust and staying ahead of regulatory trends, say Ann-Marie Luciano and Meghan Stoppel at Cozen O’Connor.

  • Lessons From Recent SEC Cyber Enforcement Actions

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    The recent guidance by the SEC's Division of Corporation Finance is helpful to any company facing a cybersecurity threat, but just as instructive are the warnings raised by the SEC's recent enforcement actions against SolarWinds, R.R. Donnelley and Intercontinental Exchange, say attorneys at O'Melveny.

  • How Cos. With Chinese Suppliers Should Prep For Biotech Bill

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    A proposed bill to prohibit government-affiliated life sciences companies from contracting with Chinese biotech companies of concern may necessitate switching to other sources for research and supplies, meaning they should begin evaluating supply chains now due to the long lead times of drug development, say John O'Loughlin and Christina Carone at Weil Gotshal.

  • Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?

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    A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.

  • Series

    Playing Dungeons & Dragons Makes Me A Better Lawyer

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    Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.

  • A Look At The Regulatory Scrutiny Facing Liquid Restaking

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    Recent U.S. Securities and Exchange Commission enforcement actions highlight the regulatory challenges facing emerging financial instruments like liquid restaking tokens and services, say Daniel Davis and Alexander Kim at Katten.

  • Considerations When Using Publicly Available Data To Train AI

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    To maximize the benefits and mitigate the risks of using publicly available data to train artificial intelligence models, companies should maintain a balance between openness and protection, and consider certain best practices, says Michael Cole at Mercedes-Benz Research & Development North America.

  • Illinois BIPA Reform Offers Welcome Relief To Businesses

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    Illinois' recent amendment to its Biometric Information Privacy Act limits the number of violations and damages a plaintiff can claim — a crucial step in shielding businesses from unintended legal consequences, including litigation risk and compliance costs, say attorneys at Taft.

  • Jarkesy Ruling May Redefine Jury Role In Patent Fraud

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    Regardless of whether the U.S. Supreme Court’s Jarkesy ruling implicates the direction of inequitable conduct, which requires showing that the patentee made material statements or omissions to the U.S. Patent and Trademark Office, the decision has created opportunities for defendants to argue more substantively for jury trials than ever before, say attorneys at Cadwalader.

  • 3 Leadership Practices For A More Supportive Firm Culture

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    Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.

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