Cybersecurity & Privacy

  • April 04, 2024

    SEC Officials Say Existing Policies Key To Cyber Rule Reports

    Companies grappling with the U.S. Securities and Exchange Commission's new rule to publicly disclose material cybersecurity incidents will have an easier time defending reporting missteps if they work to put robust policies in place before a breach occurs, a pair of agency officials said Thursday. 

  • April 04, 2024

    5th Circ. Scrutinizes Data-Tracking On La. Health Provider Site

    A Fifth Circuit panel questioned Louisiana health care providers Thursday on the use of "tracking pixels" on their website, asking counsel for the providers whether a third party like Facebook could access patient records without patient permission.

  • April 04, 2024

    Oracle Gets Wiretap Claim Cut From Data Collection Fight

    A California federal judge on Wednesday trimmed a proposed class action alleging Oracle illegally sold internet users' "electronic profiles," finding that new allegations that executive Larry Ellison admitted Oracle's new technology was "scaring the lawyers" aren't enough to show tortious intent to plead a viable Electronic Communications Privacy Act claim.

  • April 04, 2024

    Ga. OB-GYN Office Hit With Data Breach Class Action

    An Atlanta OB-GYN practice has been hit with a class action in Georgia federal court over a January data breach that allegedly impacted the personal and protected health information of tens of thousands of patients.

  • April 04, 2024

    Ex-BigLaw Atty's Defamation Injunction Bid Meets Skepticism

    The Florida federal judge overseeing a $150 million defamation case between an ex-Greenberg Traurig LLP partner and a social media personality accused of mounting a harassment campaign against him declined, for now, to issue an injunction against alleged cyberstalking and indicated the petition may be better suited for state court.

  • April 04, 2024

    W.Va. Plaintiff Drops Telemarketing Claim Against Fla. Firm

    A West Virginia woman who alleged in a putative class action that law firms had bombarded her and others with unwanted legal advertising phone calls has announced a joint dismissal with one of the firms involved.

  • April 03, 2024

    FTC Won't Overlook 'Unanticipated' Harms, Slaughter Says

    The Federal Trade Commission won't hesitate to go after companies and their executives that fail to take steps to address the broad range of privacy harms and other risks that can arise from the emergence of new digital technologies, particularly in the wake of a recent federal court ruling that backed this theory, Commissioner Rebecca Kelly Slaughter said Wednesday. 

  • April 03, 2024

    Calif. Privacy Rules Expected By July, Agency's Director Says

    The California Privacy Protection Agency is eyeing July for the launch of the formal process for finalizing its last batch of regulations under the state's landmark consumer privacy law, which include rules that would give consumers more control over private information that could be used by artificial intelligence, the agency's executive director said Wednesday. 

  • April 03, 2024

    Judge Consolidates Wells Fargo Unwanted Products Suits

    A San Francisco federal judge has consolidated five suits asserting proposed class claims that the bank sought to shortchange customers who deserved compensation after they were enrolled in financial products without their knowledge.

  • April 03, 2024

    Models Get $95K Default Win In Strip Club Piracy Suit

    A Washington federal judge ordered a Seattle strip club to pay a group of professional models $95,000 in damages on Wednesday, after finding it had engaged in "amateur piracy" by using their photos without permission and failed to defend itself.

  • April 03, 2024

    Mass. Justices Leery Of Meta, Google Cookie 'Wiretap' Claims

    Justices on Massachusetts' highest court hinted on Wednesday that they are unlikely to open the door to potentially thousands of privacy lawsuits against website operators over their use of tracking cookies like Meta Pixel and others from Google Analytics, in a closely watched case over whether such trackers violate a state wiretap law.

  • April 03, 2024

    Amazon Book Scammer Can't Trim Prison Time

    The Sixth Circuit affirmed a 16-year prison sentence Tuesday for a man who scammed Amazon by renting textbooks from the e-commerce giant and then selling them at a profit, ultimately costing Amazon approximately $3.2 million.

  • April 03, 2024

    Pillsbury Adds BakerHostetler Data Privacy Duo In SF

    Pillsbury Winthrop Shaw Pittman LLP is growing its data security team, announcing Wednesday it is bringing in a pair of BakerHostetler data privacy and technology experts as partners in its San Francisco office.

  • April 03, 2024

    FCC Says Repeat 'Slammer' Can't Collect From Victim

    The Federal Communications Commission is once again ordering Clear Rate Communications to remove charges to a subscriber who the agency says was a victim of the telecom provider's "slamming," less than two months after issuing a similar finding against the company in February.

  • April 03, 2024

    Houston Firm Ditches Proposed Data Breach Class Action

    A Texas federal judge threw out a proposed class action accusing Fleming Nolen & Jez LLP of waiting a month to disclose a cyberattack that exposed more than 100 clients' protected health information, citing the lead plaintiff's admission that she didn't even know if any of her data was compromised.

  • April 03, 2024

    FCC To Vote On Net Neutrality Plan At Late April Meeting

    The Federal Communications Commission said Wednesday the agency will vote April 25 on a Democratic proposal floated in October to restore net neutrality rules last imposed on internet services during the Obama administration, but repealed by Republicans in 2017.

  • April 02, 2024

    Crypto Co. Beats RICO But Not Fraud Claim Over $186M Hack

    A Delaware federal judge has significantly trimmed a proposed class action accusing companies behind a blockchain system that enabled users to transfer crypto of running an illegal money-transmitting business and misrepresenting the system's security measures before a $186 million hack, saying the suit's racketeering, negligence and conversion claims all fail.

  • April 02, 2024

    Calif. Regulator Urges Cos. To Only Collect Needed Data

    The California Privacy Protection Agency on Tuesday cautioned businesses to only collect or use consumers' personal information when it's needed and to avoid collecting anything beyond that, issuing its first of several planned advisories clarifying companies' obligations under the California Consumer Privacy Act.

  • April 02, 2024

    Amazon Driver Took, Shared Pics of Actor's Home, Suit Says

    Actor Deon Cole sued Amazon in California state court alleging that one of its delivery drivers took photos of the inside of his home and shared them in a group chat while dropping off groceries, saying Amazon negligently and recklessly hired the driver.

  • April 02, 2024

    Citi Says 'Misguided' NY Fraud Protection Suit 'Mangles' Law

    Citibank NA on Tuesday urged a New York federal court to throw out the Empire State attorney general's suit claiming it lacks necessary online security measures, slamming the complaint as "misguided" and arguing that it "mangles" the text of the Electronic Fund Transfer Act.

  • April 02, 2024

    DC Circ. Says FCC Must Rethink Terms For Chinese Video Ban

    The D.C. Circuit ordered the Federal Communications Commission to revise its definition of "critical infrastructure," but still upheld the agency's decision to ban the marketing and sale of video surveillance equipment from two Chinese manufacturers in a new ruling Tuesday.

  • April 02, 2024

    DC Judge Grapples With Malice Claim In Nunes' WaPo Suit

    A D.C. federal judge on Tuesday questioned whether former California Rep. Devin Nunes had shown The Washington Post acted with actual malice in publishing a 2020 article that discussed the congressman, as the judge weighed the newspaper's bid for summary judgment in defamation litigation brought by Nunes.

  • April 02, 2024

    Jon Stewart Reveals Apple's Heavy Hand In Lina Khan Chat

    Federal Trade Commission Chair Lina Khan appeared on "The Daily Show" on Monday night for a wide-ranging conversation in which host Jon Stewart revealed that Apple wouldn't allow him to speak with her on a podcast related to his Apple TV+ show.

  • April 02, 2024

    IT Firm Decries Commerce's 'Unilateral' $1.5B Award Redo

    An IT consulting firm told the Federal Circuit on Monday that its right to challenge a $1.5 billion U.S. Commerce Department procurement in the claims court was undermined when the agency took corrective action before seeking permission from the court.

  • April 02, 2024

    Amazon App Users Win Class Cert. For BIPA Claims

    An Illinois federal judge has granted class certification to consumers who allege Amazon's virtual try-on technology violates the Prairie State's biometric privacy law.

Expert Analysis

  • The Pros And Cons Of Protecting AI As Trade Secrets

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    Despite regulatory trends toward greater transparency of artificial intelligence models, federal policy acknowledges, and perhaps endorses, trade secret protection for AI information, but there are still hurdles in keeping AI information a secret, say Jennifer Maisel and Andrew Stewart at Rothwell Figg.

  • Conn. Data Privacy Enforcement Takeaways For Cos.

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    In light of the Connecticut attorney general's recently released report on its enforcement of the Connecticut Data Privacy Act, which focuses on companies' privacy policies, protections of sensitive data and more, businesses can expect increased enforcement scrutiny — especially in areas that are the subject of consumer complaints, say Paul Pittman and Abdul Hafiz at White & Case.

  • How Firms Can Ensure Associate Gender Parity Lasts

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    Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.

  • Regulatory Trends Offer 4 Lessons For Debt Relief Providers

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    A string of enforcement actions, including a New York lawsuit filed last month by seven states and the Consumer Financial Protection Bureau, underscore the regulatory scrutiny that debt relief and credit repair companies face and offer important lessons on telemarketing and deceptive practices compliance, say attorneys at Sheppard Mullin.

  • Bracing Cos. For Calif. Privacy Agency's Restored Authority

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    A recent California state appeals court decision greenlights the California Privacy Protection Agency's enforcement of certain consumer privacy regulations, which may speed up compliance requirements, so businesses considering use of artificial intelligence, for instance, may want to reassess their handling of privacy notices and opt-out requests, say Kevin Angle and Matthew Cin at Ropes & Gray.

  • 7 Common Myths About Lateral Partner Moves

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    As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.

  • 2 Emerging Defenses For Website Tracking Class Actions

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    Putative class actions premised on state wiretapping statutes that bar website activity tracking continue to be on the rise, but they are increasingly being dismissed on two procedural grounds, says Sheri Pan at ZwillGen.

  • No AI FRAUD Act Is A Significant Step For Right Of Publicity

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    The No Artificial Intelligence Fake Replicas and Unauthorized Duplications Act's proposed federal right of publicity protection, including post-mortem rights, represents a significant step toward harmonizing the landscape of right of publicity law, Rachel Hofstatter and Aaron Rosenthal at Honigman.

  • Series

    Cheering In The NFL Makes Me A Better Lawyer

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    Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.

  • Keeping Up With Class Actions: Data Breach Litigation In Flux

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    In this monthly look at notable class action decisions, Gerald Maatman at Duane Morris examines a recent mixed-bag data breach ruling from an Illinois federal court — in the context of case law developments over the last year — which illustrates the range of issues confronting litigants going forward.

  • Considerations For Disclosing AI Use In SEC Filings

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    Recent remarks from U.S. Securities and Exchange Commission Chair Gary Gensler should be heard as a clarion call for public companies to disclose artificial intelligence use, with four takeaways on what companies should disclose, says Richard Hong at Morrison Cohen.

  • 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.

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