Cybersecurity & Privacy

  • April 18, 2024

    Google Judge Notes Broad Reach Of Texas Ad Tech Claims

    A Texas federal judge pressed Google during oral arguments Thursday to explain why a coalition of state attorneys general can't sue over its dominance in advertising placement auction technology when they're representing not just companies suing separately, but consumers as well.

  • April 18, 2024

    DOJ Tries To Quell Lawmakers' Concerns On FISA Bill

    The U.S. Department of Justice is looking to allay privacy concerns on Capitol Hill raised over the proposed reauthorization of the Foreign Intelligence Surveillance Act, telling Sen. Mark Warner, D-Va., and others in recent letters that domestic churches and media companies can't be targeted under a controversial amendment.

  • April 18, 2024

    Cybersecurity Startup Loses 2 Patents At PTAB

    A small cybersecurity startup litigating in Virginia federal court against larger tech companies has failed to persuade the Patent Trial and Appeal Board not to invalidate the entirety of two patents covering ways of combating "evolving" online threats, among other things.

  • April 18, 2024

    FCC Probing Causes Of 911 Outage Across Four States

    The Federal Communications Commission said Thursday it will investigate what caused widespread 911 outages in Nevada, Texas, South Dakota and Nebraska.

  • April 18, 2024

    3rd Circ. Unclear If 'Session Replay' Web Code Directed At Pa.

    A Third Circuit panel seemed torn Thursday over whether websites like those of Papa John's or Mattress Firm "directed conduct" at Pennsylvania when they ran "session replay" software to track users' visits and whether that gave courts in the Keystone State jurisdiction over users' claims that such tracking violated laws against wiretapping.

  • April 18, 2024

    $550K Fingerprint BIPA Deal Receives Ill. Judge's Initial OK

    An Illinois federal judge gave his early blessing Wednesday to a nearly $550 million settlement between global food supplier Rich Products Corp. and hundreds of current and former employees who claimed the company illegally collected and used their scanned fingerprint data.

  • April 18, 2024

    Patient Data Breach Suit Should Be Tossed, Colo. Judge Says

    A judge has recommended that CommonSpirit Health be allowed to escape a proposed class action in Colorado federal court accusing it of failing to secure healthcare data leading to a breach affecting more than 600,000 patients, saying the complaint fails to "allege an injury-in-fact."

  • April 18, 2024

    Former NetApp, Xerox Lawyer Joins McGuireWoods In NY

    McGuireWoods LLP has hired the former in-house counsel of two Fortune 500 tech companies as a corporate technology and outsourcing team partner in New York, the firm said Thursday.

  • April 18, 2024

    Feds Seek Prison For Threats To China Democracy Activist

    Boston federal prosecutors want a Chinese national to serve nearly three years in prison for enlisting in the People's Republic of China's "network of censorship and repression" by threatening a former Berklee College of Music student for posting a pro-democracy flier on the school's campus.

  • April 18, 2024

    Ex-BigLaw Atty Can't Get Stalking Injunction Against Influencer

    A Florida state judge on Wednesday denied a former Greenberg Traurig LLP partner's request for a cyberstalking injunction against a social media influencer, saying the petitioner did not show enough evidence to justify it.

  • April 18, 2024

    Crypto Trader Convicted Of $110M Mango Markets Scam

    A Manhattan federal jury found a cryptocurrency trader guilty Thursday of illegally taking $110 million out of Mango Markets by inflating the value of its tokens, then borrowing against that valuation to suck money out of the decentralized exchange.

  • April 17, 2024

    House Sends Bill To Close Data Warrant 'Loophole' To Senate

    The U.S. House of Representatives on Wednesday narrowly advanced bipartisan legislation that would ban federal law enforcement and intelligence agencies from purchasing from data brokers personal information about Americans that they would otherwise need a warrant to obtain, despite the White House voicing opposition to the measure. 

  • April 17, 2024

    New TikTok Bill Gives More Time For Divestment

    A bill requiring ByteDance Ltd. to divest TikTok or face a ban in the U.S. was included in the package of national security bills House Republicans introduced on Wednesday, which gives a longer runway to sell the app than the one the House previously passed in March.

  • April 17, 2024

    'Fired Up': House Leaders Say Data Privacy Law Top Priority

    House Energy and Commerce Committee leaders said Wednesday that they are "fired up" to finally push long-running efforts to enact a federal data privacy framework across the finish line, although concerns about the scope of the proposal and desires to enhance digital safeguards for children threaten to derail this momentum. 

  • April 17, 2024

    ISPs Seek Clearer Preemption In Feds' Net Neutrality Draft

    With the Federal Communications Commission set to vote on net neutrality rules later this month, internet service providers are hoping the agency will clarify exactly how its orders trump state regulations on ISP conduct.

  • April 17, 2024

    Senate Scorn Suggests Election Strife For Biden On Trade

    Two White House announcements on Wednesday aimed at girding the U.S. industrial sector against Chinese competition did little to quell senators' frustrations over President Joe Biden's resolve to tackle unfair trade practices, adding pressure to Biden's reelection bid.

  • April 17, 2024

    Tinder, Hinge Seek Arb. In 'Preposterous' Addictive Apps Suit

    Allegations that the Tinder and Hinge dating apps are addictive and lead to compulsive use are "preposterous," Match Group told a California federal judge, arguing that not only are the claims baseless, but the consumers bringing them all signed arbitration agreements when they signed up for accounts.

  • April 17, 2024

    Clarify DMCA Carveout For AI Research, DOJ Says

    The U.S. Department of Justice is showing some support for a proposal that could allow researchers looking into biases in artificial intelligence programming to bypass laws that limit access to copyright-protected AI models.

  • April 17, 2024

    First-Of-Its-Kind Brain Data Privacy Bill Passes In Colo.

    Colorado Gov. Jared Polis on Wednesday signed a bipartisan bill to protect the privacy of individuals' brain activity, marking the first time in the United States that a law expands the definition of "sensitive data" to include biological and neural data.

  • April 17, 2024

    Liberty Mutual's Spyware Suit Halted Pending 3rd Circ. Appeal

    A proposed class action accusing Liberty Mutual of using software to track customers' actions on its website without consent was put on hold Wednesday by a Pennsylvania federal judge pending guidance from the Third Circuit in a similar case.

  • April 17, 2024

    SEC Has Careful Eye On Disclosures Amid Israel-Hamas War

    Against the backdrop of protracted war, the U.S. securities watchdog is urging U.S.-listed Israeli companies to disclose more details describing how the Israel-Hamas conflict is affecting their operations in order to keep investors apprised of risks, lawyers say.

  • April 17, 2024

    Trader's Alleged $110M Mango Markets Fraud In Jury's Hands

    A Manhattan federal jury weighed charges Wednesday against a cryptocurrency trader accused of illegally squeezing $110 million out of Mango Markets by inflating the finance platform's tokens, then borrowing against them, allegedly taking "supply and demand into his own hands."

  • April 17, 2024

    Bankman-Fried Appeal May Cite Unusual Preview Testimony

    Sam Bankman-Fried's appeal of his conviction and 25-year prison sentence may cite a "rather unprecedented" trial procedure in which the FTX founder gave provisional testimony before officially taking the witness stand last year, one of his attorneys said Wednesday.

  • April 17, 2024

    IBM Privacy Head Says AI Needs Transparency To Be Trusted

    To combat artificial intelligence-generated deepfakes, disinformation and bias requires transparent, open-sourced AI models and swift regulations that protect elections, creators and the public, says IBM's Chief Privacy & Trust Officer Christina Montgomery.

  • April 16, 2024

    House Panel Takes Aim At Change Healthcare, FTC Over Hack

    A House subcommittee exploring ways to boost cybersecurity in the healthcare industry on Tuesday blasted Change Healthcare for failing to take appropriate steps to block a damaging cyberattack that echoed another recent strike on critical infrastructure and the Federal Trade Commission for not stopping the provider from controlling such a large market share. 

Expert Analysis

  • The Future Of BIPA Insurance Litigation After Visual Pak

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    A recent Illinois appellate court decision, National Fire Insurance v. Visual Pak, may have altered the future of insurance litigation under the state's Biometric Information Privacy Act by diametrically opposing a prominent Seventh Circuit ruling that found insurance coverage for violations of the act, say attorneys at Jenner & Block.

  • Consumer Privacy Takeaways From FTC Extraterritorial Action

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    With what appears to be its first privacy-related consent agreement with a non-U.S. business, the Federal Trade Commission establishes that its reach is extraterritorial and that consumer internet browsing data is sensitive data, and there are lessons for any multinational business that handles consumer information, say Olivia Greer and Alexis Bello at Weil.

  • Series

    Whitewater Kayaking Makes Me A Better Lawyer

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    Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.

  • Navigating Kentucky's New Consumer Privacy Law

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    On April 4, Kentucky passed a new law that imposes obligations on affected businesses relating to the collection, use and sale of personal data — and those operating within the state must prepare for a new regulatory landscape governing the handling of consumer data, say Risa Boerner and Martha Vázquez at Fisher Phillips.

  • This Earth Day, Consider How Your Firm Can Go Greener

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    As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.

  • New Proposal Signals Sharper Enforcement Focus At CFIUS

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    Last week's proposed rule aimed at broadening the Committee on Foreign Investment in the United States' enforcement authority over foreign investments and increasing penalties for violations signals that CFIUS intends to continue expanding its aggressive monitoring of national security issues, say attorneys at Kirkland.

  • 4 Ways AI Tools Can Improve Traditional Merger Analyses

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    Government officials at the American Bar Association's annual antitrust spring meeting last week reinforced the view that competition cases will increasingly rely on sophisticated data analysis, so companies will likewise need to use Big Tech quantitative techniques to improve traditional merger analyses, say Patrick Bajari, Gianmarco Calanchi and Tega Akati-Udi at Keystone.

  • What FinCEN Proposed Customer ID Number Change Means

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    The Financial Crimes Enforcement Network's recent request for comment on changing a requirement for banks to collect full Social Security numbers at account sign-up represents an important opportunity for banks to express their preferability, as communicating sensitive information online may carry fraud or cybersecurity risks, say attorneys at Crowell & Moring.

  • How Companies Can Use Big Data As A Strategic Asset

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    Artificial intelligence technology powered by big data has the potential to create radical improvements to business operations, but if big data is improperly protected or monetized, this same information can give competitors similar advantages, or at the very least undermine a company's edge, say Gary Weinstein and Hudson Peters at Faegre Drinker.

  • Cos. Should Mind Website Tech As CIPA Suits Keep Piling Up

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    Businesses should continue evaluating their use of website technologies and other data-gathering software and review the disclosures in their privacy policies, amid an increase so far in 2024 of class actions alleging violations of the California Invasion of Privacy Act's pen register and trap-and-trace provisions, say attorneys at Sheppard Mullin.

  • Questions Persist After Ruling Skirts $925M TCPA Award Issue

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    After an Oregon federal court's recent Wakefield v. ViSalus ruling that the doctrine of constitutional avoidance precluded it from deciding whether a $925 million Telephone Consumer Protection Act damages award was constitutionally sound, further guidance is needed on when statutory damages violate due process, says Michael Klotz at O'Melveny.

  • An NYDFS-Regulated Bank's Guide To Proper Internal Audits

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    As certification deadlines for compliance with the New York State Department of Financial Services’ transaction monitoring and cybersecurity regulations loom, lawyers should remember that the NYDFS offers no leeway for best efforts — and should ensure robust auditing and recordkeeping processes for clients, say attorneys at Arnall Golden.

  • Tips For Orgs Defending Against Daniel's Law Claims

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    With Daniel's Law recently amended to require courts to award statutorily defined damages to aggrieved parties, organizations should identify whether they are subject to the law and ensure they have implemented a comprehensive compliance program to better avoid litigation costs and reputational harm, say attorneys at Thompson Hine.

  • Practicing Law With Parkinson's Disease

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    This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.

  • Cos. Should Prepare For Foreign Data Transfer Regulations

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    A new regulatory regime designed to protect U.S. sensitive data from countries of concern may complicate an already intricate geopolitical landscape and affect even companies beyond the data industry, but with careful preparation, such companies can endeavor to minimize the effect on their business operations and ensure compliance, say David Plotinsky and Jiazhen Guo at Morgan Lewis.

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