Cybersecurity & Privacy

  • March 08, 2024

    IRS Leaker Should Be Deposed Without All Docs, Judge Says

    Attorneys for a hedge fund executive should question the former IRS contractor who admitted to stealing the tax returns of him and others, even though the IRS hasn't finished producing evidence in the case seeking to hold the agency responsible for the leak, a Florida federal judge said Friday.

  • March 08, 2024

    CFIUS Rules May Need Review Amid 'Exponential' Growth

    Foreign direct investment-related enforcement and penalty processes in the U.S. could use a review amid "exponential" growth in FDI regimes across the globe, greater awareness of national security risks, and increased U.S. outreach to foreign partners, a U.S. Treasury Department official said Friday. 

  • March 08, 2024

    Confirmation Of GOP Members Restores FTC To Full Strength

    The U.S. Senate unanimously confirmed two Republican members to the Federal Trade Commission, balancing out what had been an all-Democratic agency for nearly a year and restoring its full quintet for the first time in almost a year and a half.

  • March 08, 2024

    Cybersecurity Co. Promotes Attys To GC, Chief People Officer

    Florida-based cybersecurity company ReliaQuest announced it has promoted two of its in-house attorneys to general counsel and chief people officer.

  • March 08, 2024

    Justices Urged To Review Immunity Law In Snapchat Abuse Suit

    A man who alleges that his high school teacher used Snapchat to send him sexually explicit material when he was 15 is asking the U.S. Supreme Court to review a Fifth Circuit decision dismissing his claims, saying it's an ideal vehicle for the justices to fix an overbroad interpretation of Section 230 of the Communications Decency Act.

  • March 08, 2024

    Big Shift Unlikely In Cybersecurity Regs, Despite Concerns

    The U.S. Department of Defense is unlikely to significantly alter its cybersecurity proposals for contractors, despite calls from its private industry base for more flexibility and clarity.

  • March 07, 2024

    House Panel Advances Bills To Ban TikTok, Block Data Sales

    The House Commerce Committee on Thursday unanimously approved a pair of bills targeting national security concerns related to foreign adversaries' access to personal information about Americans, including a measure that would effectively ban TikTok from the U.S. unless it's cut from its Chinese parent company. 

  • March 07, 2024

    Judges Say Facing Threats And Vitriol Now Part Of The Job

    Federal judges spoke Thursday about the challenges of the profession in the 21st century, describing how they've either received threats or know of warnings against colleagues, with one jurist saying she received 11 death threats during her first three months on the bench.

  • March 07, 2024

    Full 9th Circ. Must Review $90M Facebook Deal, Objectors Say

    Objectors have urged the Ninth Circuit for an en banc review of a $90 million settlement for claims Facebook illegally tracked logged-out users' browsing activity, with one attorney saying the service awards conflict with controlling precedent while limiting the 124 million other individuals affected to just 73 cents per person.

  • March 07, 2024

    Wash. Justices Won't Hear Unions' Wage Clawback Case

    Washington's highest court has rejected three unions' request for justices to decide how private employers may respond when they erroneously overpay employees, clearing the way for a jury to hear the case contesting a healthcare system's wage clawback after its payroll system was hit by a cyberattack.

  • March 07, 2024

    Deputy AG Unveils DOJ Whistleblower Rewards Pilot Program

    Deputy Attorney General Lisa Monaco on Thursday said the U.S. Department of Justice will soon begin a pilot program to financially reward whistleblowers who alert prosecutors to significant corporate misconduct.

  • March 07, 2024

    Mich. Atty Faces Arrest After Skipping Vote Tamper Hearing

    A Michigan attorney accused of tampering with voting machines after the 2020 election must turn herself in by the end of the day Friday or risk being arrested after failing to show up for a hearing in her criminal case Thursday.

  • March 07, 2024

    Mixed Feelings On AI At Cyberinsurance Symposium

    Panelists at the Professional Liability Underwriting Society's cyber symposium in New York City on Tuesday and Wednesday were both excited and scared about generative artificial intelligence, acknowledging that it may be used in more complicated cyberattacks yet curious about the possibility the new market could bring. 

  • March 07, 2024

    New Big Tech 'Gatekeeper' Rules Go Live In Europe

    Apple, Google, Microsoft and other digital "gatekeepers" faced a deadline Thursday to implement changes required by Europe's expansive new regulations aiming to rein in the power of Big Tech through rules intended to promote competition and give consumers more choice.

  • March 07, 2024

    FTC Extends Telemarketing Fraud Rule To Protect Businesses

    The Federal Trade Commission on Thursday unveiled new initiatives to protect businesses from telemarketing fraud, a move it said will help to protect small businesses from deceptive marketers.

  • March 07, 2024

    Judge Doubts 'Dead-End' Google BIPA Fight Over IBM Dataset

    A California federal judge said Thursday she'll likely allow limited discovery in a proposed class action alleging Google violated Illinois residents' biometric privacy rights with facial data collected by IBM Corp., but she doubted the case "has legs" given that another federal judge has thrown out similar "dead-end" litigation.

  • March 07, 2024

    Deals Rumor Mill: Reddit, Cisco, LeBron James-PGA Tour

    Reddit's IPO could fetch a $6.5 billion valuation, European antitrust regulators are likely to approve Cisco's $28 billion acquisition of cybersecurity firm Plunk, and LeBron James is among parties interested in investing up to $3 billion combined to support the PGA Tour. Here, Law360 breaks down these and other notable deal rumors from the past week.

  • March 07, 2024

    Netflix, Privacy Plaintiffs Scolded For 'Entirely Deficient' Filing

    An Indiana federal judge has scolded Netflix Inc. and three women for filing an "entirely deficient" summary judgment hearing agenda in a suit accusing the streaming giant of revealing the women's identities in a documentary about a fertility doctor who used his own sperm to impregnate his patients.

  • March 07, 2024

    DLA Piper Wins Sanctions Bid In NY Malpractice Suit

    A New York federal judge has sanctioned a Chinese investment fund and its attorneys for filing a frivolous malpractice lawsuit against DLA Piper, instructing the fund and New York boutique firm Felicello Law PC to pay DLA Piper's attorney costs and its fees for the underlying litigation.

  • March 07, 2024

    Illinois Judge OKs $870K Deal In Database Privacy Suit

    A Cook County judge said Thursday she would award preliminary approval to an $870,000 settlement between B2B platform and a class of Illinois residents who say the company unlawfully used their personal identifying information to advertise its paid subscriptions.

  • March 07, 2024

    Tarter Krinsky's Cybersecurity Co-Chair Joins Norton Rose

    Tarter Krinsky & Drogin LLP's former privacy and cybersecurity co-chair is moving to Norton Rose Fulbright, bringing a former associate with her to the firm's New York office.

  • March 06, 2024

    Top Calif. Antitrust Atty Says Criminal Cases On The Horizon

    California is poised to start prosecuting criminal antitrust cases under a Golden State law that is "broader" than federal law, a senior assistant attorney general for the California Department of Justice said Wednesday at a San Francisco conference.

  • March 06, 2024

    Ex-Northeastern Coach Gets 5 Years In Nude Photo Ploy

    A former Northeastern University track and field coach was sentenced by a federal judge to five years in prison Wednesday for a series of schemes to trick young women into providing him with nude or semi-nude photos that he used for his own gratification and shared for clout in online forums that traded in surreptitiously-obtained images.

  • March 06, 2024

    Garland On AI Crime, And A Taylor Swift Tune For DOJ

    U.S. Attorney General Merrick Garland on Wednesday told a group of lawyers gathered in San Francisco that the U.S. Department of Justice is ramping up its hiring of computer scientists to fight artificial intelligence-driven crime and also revealed which Taylor Swift song he thought should be the department's anthem.

  • March 06, 2024

    Meta Must Tackle Increased Account Hijackings, 41 AGs Say

    A bipartisan group of 41 attorneys general have urged Meta Platforms Inc. to tackle the "dramatic" increase in hackers taking over Facebook and Instagram accounts, saying the attacks have caused financial harm to victims and their families and friends.

Expert Analysis

  • Opinion

    Why Challenges To FTC Authority Are Needed

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    In spite of skepticism from courts, the Federal Trade Commission continues to advance novel legal theories — and Meta's recent federal suit against the agency over its alleged "structurally unconstitutional" administrative proceedings is arguably an expression of backlash to regulatory overreach, says Daniel Gilman at the International Center for Law & Economics.

  • The Key Laws Retailers Should Pay Attention To In 2024

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    2024 promises to be another transformative year for retailers as they navigate the evolving regulatory landscape, particularly surrounding data privacy and sustainability laws, meaning companies should make it a practice to keep track of new legislation and invest in compliance efforts early on, say attorneys at Benesch.

  • Strategies For Wire Fraud Prevention As Risk Is On The Rise

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    Wire transfer fraud is increasingly affecting investment managers, nonbank fintech companies and their clients, but there are steps financial institutions can take to mitigate this increasing risk, like testing cybersecurity effectiveness and sending fake phishing emails, says Casey Jennings at Seward & Kissel.

  • SEC, NY Cybersecurity Rules Create Complexity For Insurers

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    Two separate cybersecurity rules recently adopted by the New York Department of Financial Services and the U.S. Securities and Exchange Commission pose distinct challenges for insurance industry participants, with important interactions, and potential tensions, for those required to comply with both frameworks, say attorneys at Debevoise.

  • How Attorneys Can Be More Efficient This Holiday Season

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    Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.

  • A Look At FedNow Liability Allocation And A 4th Circ. Toss-Up

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    Dsu-Wei Yuen and Andrew Lorentz at Davis Wright break down the current legal requirements that are directly applicable to common electronic payment systems like FedNow and Automated Clearing House and how they could be affected by a decision in Studco v. 1st Advantage Credit Union, currently on appeal in the Fourth Circuit.

  • A Former Bankruptcy Judge Talks 2023 High Court Rulings

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    In 2023, the U.S. Supreme Court issued four bankruptcy law opinions — an extraordinary number — and a close look at these cases signals that changes to the U.S. Bankruptcy Code will have to come from Congress, not the courts, says Phillip Shefferly at the University of Michigan Law School.

  • 3 Defense Takeaways From The Bankman-Fried Trial

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    FTX founder and former CEO Sam Bankman-Fried’s recent fraud conviction offers several key lessons for future white collar defendants, from the changing nature of cross-examination to the continued risks of taking the stand, say Jonathan Porter and Gregg Sofer at Husch Blackwell.

  • Series

    Children's Book Writing Makes Me A Better Lawyer

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    Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.

  • Inside New Classified Contract Guidance For Joint Ventures

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    A recent Information Security Oversight Office notice clarifies the interplay between small business joint-venture rules and eligibility determinations for U.S. Department of Defense classified contracts, but it's still unclear how this should be interpreted for non-DOD procurements, says Todd Overman at Bass Berry.

  • The State Of CFPB Focus On Credit Reporting Of Medical Debt

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    An increase in credit reporting complaints and the Consumer Financial Protection Bureau's recent annual report on the Fair Debt Collection Practices Act — which focuses on medical debt in credit reporting — are both evidence of the fact that the bureau will continue to prioritize oversight of credit reporting of medical debt, says Kristen Watson at Burr & Forman.

  • FDA's Recent Litigation Records Are Strong, But Imperfect

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    The U.S. Food and Drug Administration has notched its share of litigation wins in recent years thanks to a number of key advantages, but the FDA has been less successful in certain highly visible arenas, Jonathan Berman and Colleen Heisey at Jones Day.

  • 5 Steps For Healthcare Companies After Biden's AI Order

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    Rather than simply monitoring for the issuance of agency guidelines on artificial intelligence in the wake of President Joe Biden's October executive order, health and life sciences companies should take action now and begin building internal operational and technical infrastructures designed to govern the use of AI, says Joy Sharp at Faegre Drinker.

  • 7 Ways To Address Unknowns In Outsourcing Contracts

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    Amid rising business uncertainty, companies outsourcing critical functions should build flexibility into their contracts and adopt several contracting approaches to be prepared for a large range of unknown conditions, say Brad Peterson and Laura Buchanan at Mayer Brown.

  • How Clients May Use AI To Monitor Attorneys

    Excerpt from Practical Guidance
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    Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.

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