Cybersecurity & Privacy

  • December 16, 2024

    Experienced Retail Adviser Joins Hunton In DC

    Hunton Andrews Kurth LLP announced Monday that a longtime vice president and senior counsel at the National Retail Federation has joined the firm's Washington, D.C., office as a public policy and government relations partner.

  • December 16, 2024

    The Biggest Massachusetts High Court Rulings Of 2024

    Massachusetts' highest court added two justices this year while taking up several novel legal issues, including one town's effort to phase out the sale of tobacco, a paralyzed Uber rider's fight against arbitration, and a dispute over whether a hospital website's use of tracking cookies violates the state wiretap statute.

  • December 16, 2024

    Justices Pass On TCPA Case Over Fax Promoting Webinar

    The nation's top court on Monday declined to take up a healthcare technology company's appeal seeking to stave off a proposed class action accusing it of violating the Telephone Consumer Protection Act by sending faxes about a free webinar.

  • December 13, 2024

    OpenAI Slams Musk's 'Evidence-Free' Bid To Block For-Profit

    OpenAI urged a California federal judge Friday to reject Elon Musk's bid to block the artificial intelligence research organization from transitioning into a for-profit enterprise, scoffing at Musk's assertions of anticompetitive practices and arguing that the injunctive motion is "just another evidence-free effort to harass a competitor."

  • December 13, 2024

    SEC's Corporation Finance Director Gerding To Step Down

    The U.S. Securities and Exchange Commission announced Friday that the head of its Division of Corporation Finance, who oversaw the finalization of controversial new rules covering environmental disclosures and share repurchases, will leave the agency at the end of the year.

  • December 13, 2024

    DC Circ. Declines To Disturb Law That Could Ban TikTok

    The D.C. Circuit on Friday rejected TikTok's request for a preliminary injunction delaying implementation of a law requiring the app to split with its Chinese parent company ByteDance Ltd. or face a nationwide ban, saying that TikTok wants to block "the enforcement of a presumptively valid act of Congress."

  • December 13, 2024

    Cardi B Tries To Sink Ch. 11 Of YouTuber Who Owes Her $3.8M

    Cardi B has asked a Florida bankruptcy court to dismiss the Chapter 11 case of YouTuber Tasha K, saying she deliberately hid her assets to frustrate the rapper's efforts at collecting on a $3.8 million defamation verdict.

  • December 13, 2024

    Duke Energy Accused Of Negligence Ahead Of Data Breach

    Duke Energy Carolinas LLC failed to protect sensitive personal information ahead of a data breach in May, and now its current and former customers are at risk of identity theft and tax fraud, according to a proposed federal class action.

  • December 13, 2024

    ByteDance Ex-Coder Perjured Himself In Suit, Judge Finds

    A California federal judge imposed terminating sanctions against a former engineer at TikTok's parent company, finding he committed perjury in a suit alleging he was wrongly fired and ordered the dispute to arbitration.

  • December 13, 2024

    Virginia Judge Will Rethink Atty Award Amount In Bowling Suit

    A Virginia federal judge has agreed to reconsider a requested $3.2 million attorney fee award to a bowling alley chain in its suit claiming that the company's former chief information officer hacked into its CEO's email, finding that a state law doesn't explicitly permit attorney fees.

  • December 13, 2024

    Old Dominion, Workers Settle BIPA Suit Over Fingerprint Data

    Old Dominion Freight and a group of workers told a federal court that they reached a deal to end the workers' proposed class action accusing the company of violating the Illinois Biometric Information Privacy Act by scanning and storing employees' fingerprints without their consent.

  • December 13, 2024

    Taxation With Representation: Kirkland, Davis Polk, Wachtell

    In this week's Taxation With Representation, Google and TPG Rise Climate partner with Intersect Power, Gen Digital Inc. acquires MoneyLion Inc., Patient Square Capital acquires Patterson Companies Inc., and the Buffalo Bills and Miami Dolphins sell minority ownership shares to private equity firms.

  • December 13, 2024

    3 Firms Guide Pair Of SPAC Listings Totaling $410M

    Two special purpose acquisition companies began trading on Friday after completing initial public offerings that raised a combined $410 million, under guidance from three law firms, targeting industries spanning cybersecurity, artificial intelligence and financial technology.

  • December 13, 2024

    Lawmakers Press Tech Giants As TikTok D-Day Looms

    A pair of lawmakers on Friday leaned on TikTok to ensure it meets a Jan. 19 deadline to sell its operations or face a U.S. ban, while also pressing tech giants Apple and Google to be prepared to deplatform the video-sharing app if it refuses to sell.

  • December 12, 2024

    Anti-Abortion Activists Say Clinic Pushed Bogus Hack Claim

    The lawyer for an anti-abortion "pregnancy crisis center" on Thursday accused a Massachusetts abortion provider of knowingly filing a "far-fetched" complaint falsely accusing his clients of computer hacking, after the plaintiffs said they will be dropping those allegations but adding new claims in an amended complaint.

  • December 12, 2024

    DOJ Seizes Rydox Cybercrime Site, Charges Administrators

    A Pennsylvania federal judge on Thursday unsealed an indictment charging two Kosovo citizens who ran the illicit website Rydox with multiple criminal counts after the U.S. government seized the website, which has been used by cybercriminals to buy and sell thousands of Americans' personal information and dating profiles.

  • December 12, 2024

    Texas AG Targets Instagram, Reddit Over Youth Data Security

    Texas Attorney General Ken Paxton announced Thursday that his office is looking into minors' privacy and safety policies of more than a dozen tech companies, including Character.AI, Reddit and Instagram, as part of his long-running campaign to stop companies from selling minors' personal information without permission from their parents.

  • December 12, 2024

    USAA Inks $3.25M Data Breach Deal With 22K Customers

    More than 22,000 USAA customers have asked a New York federal judge to grant preliminary approval to a $3.2 million settlement to resolve a proposed class action alleging the company's security failures in its online insurance quote system allowed cybercriminals to open fraudulent memberships.

  • December 12, 2024

    3rd Circ. Backs Dismissal Of Anti-Abortion Group's Suit

    The Third Circuit on Thursday affirmed the dismissal of an anti-abortion pregnancy center's bid to block the enforcement of a subpoena seeking information about its donors, ruling its constitutional claims are not yet ripe.

  • December 12, 2024

    Photobucket Accused Of Training AI On Photos Sans Consent

    A proposed class action filed in Colorado federal court Wednesday alleges that image hosting website Photobucket unlawfully used billions of photographs uploaded by users for biometric data and training artificial intelligence.

  • December 12, 2024

    6th Circ. Appears Divided On Telecom Breach Reporting Rule

    A Sixth Circuit panel seemed split over the Federal Communications Commission's tightened telecommunications data breach rules, with one judge defending the commission as taking necessary steps to safeguard consumers from a "true" danger and another claiming that the rule seemed to run afoul of lawmakers' wishes.

  • December 12, 2024

    Insurer Seeks Exit From $1.35M Wire Loss Dispute

    A broker accused of negligently causing a buyer to lose roughly $1.35 million in a business acquisition because of a wrong email address should receive no coverage, its insurer told an Arizona federal court, citing three separate exclusions in the broker's business owners liability policy.

  • December 12, 2024

    MOVEit Data Breach MDL Survives Dismissal Bid

    Progress Software and a group of more than 100 businesses, healthcare providers and government agencies can't end a putative class action over a data breach tied to Progress' MOVEIt file transfer tool, a Massachusetts federal judge said Thursday.

  • December 12, 2024

    Mobile Trade Group's CEO To Leave Organization Next Year

    The president and CEO of mobile industry lobbying group CTIA will leave the organization when her contract expires next year, the group said Thursday.

  • December 12, 2024

    Treasury Seeks To Pause Anti-Laundering Law Injunction

    The U.S. Treasury Department asked a Texas federal judge to pause his nationwide preliminary injunction of the Corporate Transparency Act pending an appeal of his recent decision that found Congress likely overstepped its constitutional authority when it wrote the anti-money laundering law.

Expert Analysis

  • Series

    Being An Opera Singer Made Me A Better Lawyer

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    My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.

  • Until Congress Acts, EDNY 'Insider Betting' Case Is Premature

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    The Eastern District of New York’s novel wire fraud conspiracy indictment in U.S. v. Pham may have prematurely heralded a new era in federal gambling enforcement, but in the absence of an “insider betting” statute, sportsbooks — not prosecutors — should be responsible for enforcing their terms of use, says attorney Jonathan Savella.

  • How Law Firms Can Avoid 'Collaboration Drag'

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    Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.

  • Election Outlook: A Precedent Primer On Content Moderation

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    With the 2024 election season now in full swing, online platforms will face difficult and politically sensitive decisions about content moderation, but U.S. Supreme Court decisions from last term offer much-needed certainty about their rights, say Jonathan Blavin and Helen White at Munger Tolles.

  • What BIPA Reform Law Means For Biometrics Litigation

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    A recently signed Illinois law amending the Biometric Information Privacy Act limits defendants' liability exposure on a per-scan basis and clarifies that electronic signatures constitute a valid written release, establishing additional issues that courts will need to address in future BIPA litigation, say attorneys at Faegre Drinker.

  • 6 Considerations To Determine If A Cyber Incident Is Material

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    The U.S. Securities and Exchange Commission's recent guidance on material cybersecurity incidents covers a range of ransomware scenarios, from a company paying a sum and regaining operations to recovering payment via cyberinsurance, but makes it clear that no single factor determines whether a cybersecurity incident is material, say attorneys at Troutman Pepper.

  • Opinion

    Litigation Funding Disclosure Key To Open, Impartial Process

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    Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.

  • Series

    After Chevron: What To Expect In Consumer Protection At FTC

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    Although the Federal Trade Commission's bread-and-butter consumer protection law enforcement actions are unlikely to be affected, the Loper Bright decision may curb the FTC's bolder interpretations of the statutes it enforces, says Mary Engle at BBB National Programs.

  • The Ethics of Using Generative AI In Environmental Law

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    The rapid emergence of generative artificial intelligence tools is challenging environmental lawyers, consultants and government agencies to determine when and how these tools can be responsibly, ethically and productively integrated into their practices to streamline research, predictive analytics and regulatory compliance, say Ahlia Bethea and Pamela Esterman at Sive Paget.

  • RealPage Suit Shows Growing Algorithm, AI Pricing Scrutiny

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    The U.S. Department of Justice's suit against RealPage for helping fix rental rates, filed last week, demonstrates how the use of algorithmic and artificial intelligence tools to assist with pricing decisions is drawing increasing scrutiny and action across government agencies, and specifically at the Federal Trade Commission and the DOJ, say Andre Geverola and Leah Harrell at Arnold & Porter.

  • What NFL Draft Picks Have In Common With Lateral Law Hires

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    Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.

  • CrowdStrike Incident Highlights Third-Party Risk For Banks

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    The global business disruptions caused by CrowdStrike's faulty software update last month serves as a reminder that banks should assess operational and compliance risks associated with third-party service providers and create resiliency plans extending down to fourth- and fifth-level providers, says Craig Landrum at Jones Walker.

  • Foreign Threat Actors Pose Novel Risks To US Tech Cos.

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    A recent bulletin jointly issued by several U.S. intelligence agencies warns technology startups and the venture capital community about national security risks posed by foreign threat actors, so companies interested in raising foreign capital should watch for several red flags, say Robert Friedman and Jacob Marco at Holland & Knight.

  • Replacing The Stigma Of Menopause With Law Firm Support

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    A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.

  • Class Actions At The Circuit Courts: August Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers certification cases touching on classwide evidence of injury from debt collection practices, defining coupon settlements under the Class Action Fairness Act, proper approaches for evaluating attorney fee awards in class action settlements, and more.

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