Cybersecurity & Privacy

  • March 20, 2024

    EU Commission Builds 'Toolkit' To Fight Counterfeiting

    The European Commission has adopted new measures to crack down on counterfeiting aimed at strengthening intellectual property rights by increasing the sanctions for criminal offenses while also designating a single contact point for enforcement issues. 

  • March 20, 2024

    Prince Harry, Others Bid To Pull Murdoch Into Privacy Claim

    Prince Harry and other claimants urged a London court on Wednesday to allow them to add allegations about the use of private investigators to their claim against tabloid publisher News Group, saying that leading figures in the company including Rupert Murdoch were involved in an alleged cover-up.

  • March 20, 2024

    White Supremacist Must Pay $10M For Election Robocalls

    A Montana federal judge has ordered an Idaho white supremacist to pay the Federal Communications Commission $9.9 million after being found liable for sending out thousands of racist robocalls.

  • March 20, 2024

    AI Misuse Will Drive Cyber Insurance Demand, Actuary Says

    The use of artificial intelligence by criminals and other evolving threats will boost demand for cyber-insurance for at least the next decade, according to analysis published Wednesday by actuarial consultancy OAC.

  • March 20, 2024

    Journalist Can Sue UAE Over Alleged Hacking, Court Says

    A court has given a British journalist the green light to sue the United Arab Emirates over its alleged use of spyware to infiltrate her mobile phone, in the first U.K. case of its kind, lawyers for the reporter said on Wednesday.

  • March 20, 2024

    How The Supreme Court Could Narrow Chevron

    After hours of oral argument in a closely watched administrative law case, it appeared that some U.S. Supreme Court justices could be open to limiting the opportunities for lower courts to defer to federal agencies' legal interpretations in disputes over rulemaking — and legal experts said there are a number of ways they could do it.

  • March 20, 2024

    FCC Urged To Spend On School Firewalls, Not Wi-Fi Hotspots

    The Federal Communications Commission could better spend funds for education on beefed-up cybersecurity than on a controversial proposal for Wi-Fi hotspots, a broadband industry group told the agency.

  • March 20, 2024

    EU's AI Act Disclosure Rules Could Spark Further Litigation

    The European Union's new artificial intelligence law included some welcome guardrails to protect intellectual property rights. But lawyers say it remains to be seen whether these new rules will bridge the gap between concerned rights holders and AI pioneers.

  • March 20, 2024

    Law360 Announces The Members Of Its 2024 Editorial Boards

    Law360 is pleased to announce the formation of its 2024 Editorial Advisory Boards.

  • March 20, 2024

    US Chamber's Litigation Funding Concerns Spur 2 State Laws

    Amid concerns from the U.S. Chamber of Commerce about third-party litigation funding, including from potentially hostile foreign entities, state legislatures in Indiana and West Virginia have recently passed bills imposing restrictions on the practice.

  • March 19, 2024

    Kohl's Can't Shake Wiretap Suit Over Online Chat Feature

    A California federal judge has refused to toss a putative class action accusing Kohl's of unlawfully eavesdropping on website visitors who used an online chat feature operated by a third party, allowing a pair of claims over the alleged interception and sharing of these communications to move forward. 

  • March 19, 2024

    Apple Deleted Siri Recordings, Users Say In Seeking Sanctions

    Users of Apple's Siri who claim the voice-activated software records their conversations have asked a California federal judge to sanction the company for allegedly deleting millions of proposed class members' Siri records, including data they say "meticulously documented Apple's interception" of their confidential communications.

  • March 19, 2024

    Google Fights Wiretapping Suit Over 'Fancy Tape Recorder'

    Google LLC urged a California federal judge Tuesday to throw out a proposed class action alleging the tech giant's "human-like" customer-service product using generative text illegally eavesdrops on conversations without users' consent, arguing that the product is merely a "fancy tape recorder" that doesn't involve humans eavesdropping.

  • March 19, 2024

    Don't Impose Foreign Ownership Regs On ISPs, FCC Told

    As the Federal Communications Commission mulls how it's going to regulate broadband now that the Democratic majority plans to reclassify it as a Title II service, a free market think tank is urging the agency not to apply the agency's foreign ownership regulations to internet service providers.

  • March 19, 2024

    5th Circ. Won't Rehear Ex-Raytheon Worker's Firing Suit

    The Fifth Circuit on Tuesday refused to rehear an engineer's claims that he was fired by Raytheon for flagging issues with a defense system, keeping intact its ruling that national security concerns barred the retaliation case.

  • March 19, 2024

    No 'True Threats' Made On Officials In Trump Case, Court Told

    An Alabama man indicted for allegedly threatening to harm the Georgia prosecutor spearheading the election interference case against former President Donald Trump wants the indictment against him tossed, arguing that he didn't make "true threats" and that his speech is protected by the First Amendement.

  • March 19, 2024

    State Farm Must Face Wire Fraud Coverage Suit

    A State Farm unit can't escape a property owners association's suit seeking directors and officers coverage for underlying litigation stemming from an alleged wire fraud incident, a California federal court ruled, saying the association's claimed loss falls within the basic scope of coverage.

  • March 19, 2024

    US Bank, Oppenheimer To Pay CFTC $7M In Text Probe Cases

    U.S. Bank NA and Oppenheimer & Co. Inc. have agreed to pay a combined $7 million to settle allegations brought by the U.S. Commodity Futures Trading Commission over the failure to preserve business communications via personal text, the agency announced Tuesday.

  • March 18, 2024

    Apple Co-Founder's Scam Suit Against YouTube Gets New Life

    A California appeals court has revived Apple co-founder Steve Wozniak's lawsuit accusing YouTube and its parent company, Google, of contributing to a cryptocurrency scam that fraudulently used his image, finding that the tech giants' provision of verification badges to corrupted channels could put them outside the scope of a federal tech liability shield law.

  • March 18, 2024

    Atty For Ex-Overstock CEO Admits Dominion Discovery Leaks

    A lawyer representing former Overstock.com CEO Patrick Byrne against a defamation lawsuit from Dominion Voting Systems admitted to a D.C. federal judge on Monday that she shared Dominion's discovery documents with law enforcement as Dominion's attorneys decried the leak as a flagrant violation of a court protective order.

  • March 18, 2024

    Meta Wants Emergency Stop Of FTC Privacy Tweaks

    Meta is seeking an immediate injunction to halt the Federal Trade Commission's changes to its 2020 settlement with the company, asking the D.C. Circuit to hear its appeal before the social media giant must respond to a show cause order on why the deal shouldn't be modified.

  • March 18, 2024

    Texas Hospital Loses Bid To Dismiss Patients' Hack Suit

    A Texas federal judge handed a win to the plaintiffs suing a hospital system in the aftermath of a hack that saw hundreds of patients' data pilfered, dismissing some of the claims in the proposed class action but allowing the suit to move forward after a hearing Monday.

  • March 18, 2024

    SEC's Grewal Defends 'Shadow Trading' Case Ahead Of Trial

    The enforcement director of the U.S. Securities and Exchange Commission on Monday defended the agency's stance in a novel "shadow trading" case one week before it's set to go to trial, saying that while it's the first case of its kind, the underlying allegations aren't new.

  • March 18, 2024

    GOP Rep. Calls For Crackdown On EV Threats From China

    Rep. Jim Banks, R-Ind., a member of the House select committee on China's Communist Party and a U.S. Senate candidate, has asked the Commerce Department to investigate the imports of electronic vehicles and their components and the possible security threats to the United States from electronics from China.

  • March 18, 2024

    Vidal Tells PTAB To Try Defining 'Biometric Signal' Again

    The head of the U.S. Patent and Trademark Office has thrown out decisions from the Patent Trial and Trademark Board that found Assa Abloy was unable to show two biometric patents were unpatentable, saying the PTAB used a definition of a critical term that wasn't proposed by Assa Abloy or the patent owner.

Expert Analysis

  • How Data Brokers Can Prep For Calif. Delete Act Compliance

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    As California Delete Act obligations approach in late January, data brokers should proactively assess and scrutinize their compliance with the act, taking proactive measures to mitigate potential risks associated with noncompliance, say Goli Mahdavi and Gabrielle Harwell at BCLP.

  • How 4 State AGs Are Shaping Data Privacy Compliance

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    As the landscape of state data privacy laws continues to grow across the nation, understanding how state attorneys general — such as in California, Colorado, Connecticut and Virginia — are thinking about these laws is critical to begin forecasting how enforcement will play out, say Michelle Kallen and Daniel Echeverri at Jenner & Block.

  • 7 E-Discovery Predictions For 2024 And Beyond

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    The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.

  • DOD's Proposed Cyber Rule: What Contractors Must Know

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    A review of the U.S. Department of Defense's recently published Cybersecurity Maturity Model Certification proposed rule, requiring independent third-party cybersecurity assessments for many defense contractors, suggests that there will be a competitive advantage to prompt demonstration of full compliance with the rule, says Robert Metzger at Rogers Joseph.

  • Top Considerations For Retailers Using AI To Combat Theft

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    The Federal Trade Commission's recent enforcement action against Rite Aid indicates a significant evolution in the landscape surrounding biometric information and artificial intelligence data collection by retailers, meaning retailers should take reasonable measures to prevent harm to customers, say attorneys at Dentons.

  • Major EU AI Banking Ruling Will Reverberate Across Sectors

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    Following the European Court of Justice's recent OQ v. Land Hessen decision that banks' use of AI-driven credit scores to make consumer decisions did not comply with the General Data Protection Regulation, regulators indicated that the ruling would apply broadly, leaving numerous industries that employ AI-powered decisions open to scrutiny, say lawyers at Alston & Bird.

  • Trends That Tech Lawyers Should Keep An Eye On In 2024

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    Worldwide technology spending is projected to strengthen in 2024, spurred by artificial intelligence-driven solutions, and five areas of growth may affect lawyers' practice in this sector, says Sonia Baldia at Kilpatrick.

  • CFPB As Pay App Watchdog May Invite More Fintech Regs

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    While the Consumer Financial Protection Bureau's recent proposal to enhance federal oversight of the biggest consumer payment applications would impose no new regulatory obligations, the rulemaking could provoke heightened scrutiny for all participants in the digital payments market, say attorneys at Steptoe.

  • Emerging Risks Affecting The Tech Legal Landscape

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    The tech industry has become a battleground for various legal challenges shaped by geopolitical events, partisan politics, regulatory initiatives, patent disputes and class action trends, but companies can adopt several proactive legal strategies to safeguard their interests, say Natasha Allen and Louis Lehot at Foley & Lardner.

  • 5 Litigation Funding Trends To Note In 2024

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    Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.

  • 5 Securities Litigation Issues To Watch In 2024

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    There is yet another exciting year ahead for securities litigation, starting with the U.S. Supreme Court hearing argument next week in a case presenting a key securities class action question that has eluded review for the last eight years, say attorneys at Willkie.

  • Unpacking NIST's Guidance On Genomic Data Cybersecurity

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    The National Institute of Standards and Technology's final internal report on cybersecurity of genomic data highlights unique concerns associated with the use of such data and provides strong recommendations for risk management, though one area of the report may cause some confusion, say attorneys at Ropes & Gray.

  • A Look At Consumer Reporting In 2023, And What's To Come

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    The legal landscape of consumer reporting is evolving as courts, federal regulators and state legislatures continue to weigh in — and while last year may have seen a slight downtick in the overall volume of Fair Credit Reporting Act litigation, 2024 is set to be a watershed year for this area of the law, say attorneys at Troutman Pepper.

  • What To Know About FCA Cybersecurity Enforcement

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    Now is a good time for practitioners, government contractors and potential relators to review recent developments in cybersecurity-related False Claims Act enforcement, and consider best practices for navigating this space in the new year, say Ellen London at London & Stout, and Li Yu and Molly Knobler at DiCello Levitt.

  • 8 Privacy Law Predictions For 2024

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    As the new year begins, looking back to several of last year's privacy law developments may help companies forecast what to focus on when updating their privacy programs, including children's privacy, so-called dark patterns and the collection of data by connected cars, say attorneys at Sheppard Mullin.

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