Cybersecurity & Privacy

  • April 09, 2024

    Treasury Renews Call For Tools To Combat Crypto Crime

    Deputy Treasury Secretary Wally Adeyemo on Tuesday renewed his call to Congress for additional tools to combat cryptocurrency's use by bad actors as lawmakers floated their own priorities for a cryptocurrency regulatory regime.

  • April 09, 2024

    Nonprofit Seeks Over $300K Atty Fees Over X Defamation Win

    A nonprofit organization focused on challenging hate speech asked a California federal judge to approve more than $300,000 in attorney fees following a successful defense against Elon Musk and social platform X Corp.'s claims over an allegedly defamatory article.

  • April 09, 2024

    Ariz. High Court Restores Civil War-Era Abortion Ban

    The Arizona Supreme Court on Tuesday revived the state's nearly 160-year-old abortion ban, concluding that a far more recent law that had allowed abortion through 15 weeks of pregnancy did not replace the older prohibition.

  • April 09, 2024

    Printer Buyers Defend HP Ink Cartridge Antitrust Claims

    HP printer buyers told an Illinois federal court they've done enough to show that HP monopolized the market for replacement ink cartridges by alleging the company used firmware updates to lock them into purchasing HP ink cartridges.

  • April 09, 2024

    Ashley Biden Diary Stealer Gets Prison For 'Despicable' Conduct

    A Manhattan federal judge on Tuesday sentenced a Florida woman to a month in prison for stealing the diary of President Joe Biden's daughter and selling it to Project Veritas, imposing sentence after a lengthy and unusual series of adjournments.

  • April 08, 2024

    FCC Seeks To Stop Abusers From Tracking Connected Cars

    The Federal Communications Commission is seeking input on how to prevent connected-car technologies from being used to stalk and harass targets of domestic abuse.

  • April 08, 2024

    Credit Reporters Falling Short On Trafficking Rule, CFPB Says

    The Consumer Financial Protection Bureau said Monday that its examiners have been seeing problems in the credit reporting industry with the accuracy and integrity of information that companies are relaying about consumers, including violations of certain recent protections for human trafficking survivors.

  • April 08, 2024

    Norton, Quinn Emanuel Rip Contempt Order In $600M IP Case

    A more than $600 million judgment against NortonLifeLock for infringing Columbia University patents, based partly on a contempt finding against its former law firm, Quinn Emanuel Urquhart & Sullivan LLP, is "indefensible" and cannot stand, the company and the firm have told the Federal Circuit.

  • April 08, 2024

    McConnell Expresses Support For TikTok Divestiture Bill

    Senate Minority Leader Mitch McConnell, R-Ky., on Monday stressed the need for the House-passed bill to clamp down on TikTok, citing vast national security concerns.

  • April 08, 2024

    Ex-BigLaw Atty Takes Stalking Injunction Bid To State Court

    A former Greenberg Traurig LLP partner suing a social media influencer in a $150 million case alleging the influencer falsely accused the attorney of abuse in online videos on Monday moved to Florida state court an injunction petition to have the videos taken down. 

  • April 08, 2024

    Key Congressional Leaders Float Sweeping Data Privacy Bill

    The heads of the U.S. Senate and House commerce committees have taken a major step toward enacting a comprehensive federal consumer data privacy framework, reaching a long-awaited deal on proposed legislation that would minimize the personal data companies can gather, allow consumers to bring lawsuits and eliminate a growing patchwork of state laws.

  • April 05, 2024

    PNC Must Face Customer's Suit, Judge Says After Fixing Error

    A federal judge in Philadelphia reissued an opinion Friday requiring PNC Bank NA to face a customer's breach of contract suit after an earlier decision mischaracterized parties involved in an alleged check-forging scheme as PNC employees.

  • April 05, 2024

    COVID App Takes Another Shot At Apple With Justices

    App developers are again seeking U.S. Supreme Court intervention against the Ninth Circuit's refusal to revive antitrust allegations over Apple's rejection of COVID-19-tracking and bitcoin apps, decrying "fundamental error" lower courts made misreading pleading requirements, proffered market definition and more.

  • April 05, 2024

    Wow Bao Says Customer Can't Prove Kiosk Data Collection

    Asian fast-food chain Wow Bao has urged an Illinois state court judge to grant it summary judgment in a biometric privacy suit targeting the company's self-serve kiosks, arguing it cannot be held liable for collecting or possessing data it never in fact had.

  • April 05, 2024

    Justices Urged To 'Shut The Door' On Meta Disclosure Suit

    The U.S. Supreme Court should "shut the door" on private securities lawsuits that could create a bloated disclosure regime and hurt businesses and investors alike, the U.S. Chamber of Commerce said Friday in a brief backing Meta Platforms Inc.'s call for the justices to hear a shareholder proposed class action over the Cambridge Analytica data abuse scandal.

  • April 05, 2024

    Top 3 Groups Lobbying The FCC

    The Federal Communications Commission heard from policy advocates more than 200 times in March, as the agency fielded concerns on net neutrality rules, bulk billing for internet service, broadband deployment, school connectivity and more.

  • April 05, 2024

    Insurer Denies Coverage In Pet Store BIPA Class Action

    An insurer told a Michigan federal court Friday that it didn't have to cover a pet store in an underlying employee proposed class action alleging the store violated Illinois' Biometric Information Privacy Act because the claims were precluded by the policy and a state statute of limitations.

  • April 05, 2024

    Beverage Giant Sued Under Illinois Genetic Privacy Law

    Reyes Holdings, the largest beer distributor in the United States, has been sued in Illinois state court by a proposed class of job applicants who claim their genetic privacy rights were violated when they were required to submit to physical exams and inquiries about their family medical history as a condition of employment at the beverage distributor or its subsidiaries.

  • April 05, 2024

    Nationwide Optometry To Pay $3.4M Over 2021 Data Breach

    Nationwide Optometry will pay $3.4 million to a proposed class of approximately 714,000 patients whose personal information was compromised following a ransomware attack in 2021 on network servers belonging to co-defendant U.S. Vision, according to a preliminary approval motion filed in New Jersey federal court.

  • April 05, 2024

    Solar Company Hit With TCPA Suit After $13.8M FTC Fine

    Months after the Federal Trade Commission slapped lead generation firm Solar Xchange with a $13.8 million fine for sending out millions of pestering calls to people on the National Do-Not-Call Registry, one recipient of those calls has filed suit in Massachusetts federal court to seek his own recompense.

  • April 05, 2024

    Judicial Nominees On Schumer's Post-Recess To-Do List

    Senate Majority Leader Chuck Schumer, D-N.Y., laid out on Friday a busy agenda for when Congress returns next week, which includes confirming the president's judicial nominees.

  • April 05, 2024

    Ex-Acting Homeland Security GC Joins Nixon Peabody In DC

    Nixon Peabody LLP has hired the former acting general counsel of the U.S. Department of Homeland Security, who joins the firm after working with the agency for more than two decades and through four presidential administrations.

  • April 04, 2024

    Google Ad Privacy Class Loses Cert. Bid, For Now

    A California federal judge Thursday refused to certify a class of potentially tens of millions of Google account holders alleging the company's ad auction practices violate privacy rights, saying that while the consumers have hit many certification requirements, the current class definition is improperly fail-safe.

  • April 04, 2024

    CFPB's Privacy Efforts Extend Beyond Banks, Chopra Says

    The Consumer Financial Protection Bureau is looking to wield its "significant" power to crack down on data privacy abuses to tackle a range of issues that go beyond traditional banking activities, including by crafting new restrictions on data brokers' ability to amass personal data and exploring risks facing consumers in the digital gaming market, the agency's head Rohit Chopra said Thursday.

  • April 04, 2024

    CFPB Says Online Games May Pose Financial Risks To Users

    The Consumer Financial Protection Bureau said Thursday that it sees significant financial and privacy risks facing consumers in the multibillion-dollar digital gaming market and will be keeping a close eye on online game and "virtual world" business practices as these platforms become increasingly financialized.

Expert Analysis

  • Innodata Suit Highlights 'AI Washing' Liability Risk For Cos.

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    A class action against software company Innodata over so-called AI washing, one of the first of its kind, underscores the litigation and enforcement risks that can arise from the U.S. Securities and Exchange Commission's novel theory about misleading artificial intelligence capabilities, say attorneys at Bracewell.

  • For Now, Generative AI Is Risky For Class Action Counsel

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    Although a recent survey showed most in-house counsel think that their outside counsel should be using generative artificial intelligence "in some way" in class action work, the technology is more a target for class actions than it is a tool to be used in practice at present, says Matthew Allen at Carlton Fields.

  • Steps To Reduce CIPA Litigation Risks For Companies

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    As class action claims brought under the California Invasion of Privacy Act continue to advance new theories under an old law to target companies for commonplace website and app activities, there are steps that organizations can take to reduce exposure and strengthen their defenses against such lawsuits, say attorneys at Hintze Law.

  • Banks Should Continue To Prep For CFPB Data Rule Rollout

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    Consumer Financial Protection Bureau-supervised banks should not expect industry pressure to delay the rollout of proposed Section 1033 open banking rules, which regulate how consumer financial information flows between financial institutions, and prepare their required data access portals and compliance procedures now, say attorneys at Troutman Pepper.

  • Tips For Orgs Facing AI Data Privacy Compliance Challenges

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    Regulators around the world are actively seeking to enforce data privacy and consumer protection laws against companies providing artificial intelligence-related services, raising complex compliance questions in areas like transparency, data minimization, lawfulness of processing, data subject rights and higher risk activities, say attorneys at Hogan Lovells.

  • BIPA's Statutory Exemptions Post-Healthcare Ruling

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    The Illinois Supreme Court's November opinion in Mosby v. Ingalls Memorial Hospital, which held that the Biometric Information Privacy Act's healthcare exemption also applies when information is collected from healthcare workers, is a major win for healthcare defendants that resolves an important question of statutory interpretation, say attorneys at Quinn Emanuel.

  • Enforcement Risk Amid Increased Consumer Data Use

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    While no state has introduced a private right of action for noncompliance with a comprehensive consumer privacy law — except for the California Consumer Privacy Act's data breach provision — organizations and retailers face risk from enforcement actions by state attorneys general and privacy regulators, say attorneys at Dentons.

  • Business Litigators Have A Source Of Untapped Fulfillment

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    As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.

  • Opinion

    The Problems In Calif. Draft Behavioral Ad Privacy Regs

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    The California Privacy Protection Agency has an opportunity with its automated decision-making technology and profiling rulemaking to harmonize California's regulation of data-driven advertising, but this will be a failure unless several things are changed in its proposed treatment of behavioral advertising, say Alan Friel and Kyle Fath at Squire Patton.

  • Series

    Skiing Makes Me A Better Lawyer

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    A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.

  • How Breach Reporting Is Changing For Financial Institutions

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    In May, the Federal Trade Commission's amended Safeguards Rule will extend the data protections that apply to information held by banks to information held by nonbanking financial institutions — and sweep even more broadly in some critical aspects, say Evan Yahng and Kurt Hunt at Dinsmore.

  • High Court Social Media Speech Ruling Could Implicate AI

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    In Moody v. NetChoice and NetChoice v. Paxton, the U.S. Supreme Court is considering whether certain state laws can restrict content moderation by social media platforms, but the eventual decision could also provide insight into whether the first amendment protects artificial intelligence speech, say Joseph Meadows and Quyen Dang at GRSM50.

  • Assessing Chinese Cross-Border Data Transfers

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    Jet Deng and Ken Dai at Dacheng unpack the regulatory framework for cross-border data transfers in China, detailing the major systems at play, last year's policy adjustments, and an outlook and practice tips for businesses.

  • Think Like A Lawyer: Forget Everything You Know About IRAC

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    The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.

  • The Corporate Transparency Act Isn't Dead Yet

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    After an Alabama federal court's ruling last week rendering the Corporate Transparency Act unconstitutional, changes to the law may ultimately be required, but ongoing compliance is still the best course of action for most, says George Singer at Holland & Hart.

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