Cybersecurity & Privacy

  • February 12, 2024

    NC High Court Snapshot: Philip Morris Fights Tax Credit Limit

    North Carolina's top court will return in February from an extended hiatus to weigh whether a home healthcare company was correctly ejected from the state's Medicaid program, and if regulators were right to limit state export tax credits for tobacco giant Philip Morris.

  • February 12, 2024

    ByteDance Can't Pause TikTok's EU 'Gatekeeper' Designation

    A European court has rejected a bid by TikTok's parent company ByteDance to pause the video-sharing service's designation as a "gatekeeper" ahead of a March deadline to comply with new obligations under the Digital Markets Act to provide users more choice.

  • February 12, 2024

    Feds Say Telecom Slammed Customers With Service Changes

    The Federal Communications Commission is ordering Michigan-based telecom provider Clear Rate Communications to reverse unauthorized charges made to several businesses, finding that the company misrepresented itself as Verizon on sales calls in order to get the businesses to change providers.

  • February 12, 2024

    Investigator's Atty Wants Mogul Sanctioned In Hacking Suit

    A North Carolina attorney is pressing a federal court to impose a nearly $120,000 sanction for documents demanded of him by an airline tycoon in his hacking lawsuit, arguing the production request was an "undue burden" with an "exorbitant" financial cost.

  • February 12, 2024

    Lotto Scammer Impersonated SDNY Criminal Chief, Feds Say

    A Costa Rican national was charged with impersonating law enforcement officials, including the chief of the criminal division of the U.S. Attorney's Office for the Southern District of New York, as part of a scheme to trick elderly victims into wiring him millions under the false pretense that they'd won a lottery prize.

  • February 12, 2024

    Biden Signs Law To Protect Servicemembers' Personal Info

    President Joe Biden signed into law a bipartisan bill that aims to protect the personally identifiable information of servicemembers when their private household goods are shipped internationally. 

  • February 12, 2024

    AI Cybersecurity Biz Secures $102M Of VC-Led Financing

    Information technology security company Bugcrowd announced Monday that it secured a $102 million investment to grow its crowdsourced, artificial intelligence-powered security platform offerings globally.

  • February 12, 2024

    Jury Convicts 3 Of $7.9M COVID Aid Fraud Scheme

    A Manhattan federal jury convicted three people of perpetrating a scheme to bilk $7.9 million from the U.S. Small Business Administration through COVID-19 relief applications submitted in other people's names.

  • February 09, 2024

    Social Media Addiction MDL Gets Date For First Bellwether

    The California federal judge overseeing multidistrict litigation accusing Facebook and other social media platforms of harming young people by purposely making their platforms addictive has set a late 2025 date for the first bellwether trial.

  • February 09, 2024

    Authors Say OpenAI Is Playing 2 Courts Against Each Other

    A group of writers suing OpenAI over copyright infringement allegations is accusing the Microsoft-backed startup of "forum shopping for the most favorable schedule," and is asking a federal judge in California to stop the company from trying to litigate a similar suit in New York federal court just because its lawyers made some deals to get a better timetable there. 

  • February 09, 2024

    Lawmakers Want TikTok Parent Barred From Software Exports

    A group of lawmakers led by Republican Rep. Dan Crenshaw and Democrat Rep. Josh Gottheimer have asked the Biden administration to add TikTok's parent company, ByteDance, to the U.S. Department of Commerce's foreign entity list and bar the transfer of U.S. software to the company.

  • February 09, 2024

    Microsoft Says Plaintiffs Show No Harm In Overbroad AI Suit

    A legal battle between consumers who say they've been harmed by unlawful data-collection practices related to the development of artificial intelligence and companies that control the new technology continued when Microsoft argued that the accusations against it were simply too broad and unexplained to allow the case to proceed.

  • February 09, 2024

    Robinhood Inks $9M Deal To End Promotional Text Suit

    Stock-trading app Robinhood has agreed to pay $9 million to resolve proposed class claims that its "Refer a Friend" program caused non-users to receive unsolicited promotional texts, in violation of Washington state law, consumers told a Seattle federal judge Thursday.

  • February 09, 2024

    Honda Finance Arm Discloses CFPB Credit-Reporting Probe

    Honda's U.S. automotive finance arm told investors Friday that the Consumer Financial Protection Bureau is investigating its consumer credit-reporting practices.

  • February 09, 2024

    SEC's 'Orwellian' Trade Database Is Unlawful, 11th Circ. Told

    Citadel Securities LLC and the American Securities Association have laid out their objections to a U.S. Securities and Exchange Commission directive that requires brokerage firms to fund the buildup of a database known as the consolidated audit trail, telling the Eleventh Circuit that the tool created an "Orwellian surveillance regime" that puts American investors at risk of being hacked.

  • February 09, 2024

    Tubi Can't Tune Out Viewing History Privacy Suit

    Streaming service Tubi must litigate a user's proposed class suit claiming the company unlawfully shares her and others' viewing history and personal information with advertisers, an Illinois federal judge has ruled, rejecting Tubi's bid to either arbitrate or dismiss the claims.

  • February 09, 2024

    Freight Co. Workers Fight To Keep Fingerprint Data Suit Alive

    Old Dominion Freight is only raising a timing argument to dodge claims it unlawfully scans and stores employees' fingerprints without their consent because "it is upset," a group of workers told an Illinois federal judge Friday.

  • February 09, 2024

    Healthcare Cybersecurity Bill Puts Focus On HHS Oversight

    Members of a U.S. Senate cybersecurity commission introduced a bill Friday that would require federal health officials to conduct regular evaluations of digital security systems and issue biennial reports to Congress.

  • February 09, 2024

    Social Media Is Now A 'Product,' But Forget New Regs In 2024

    A grassroots parental movement demanding federal regulations to hold social media accountable for harming children is unlikely to see success in Congress this election year, but families are hearing a change in how lawmakers and tech executives call these platforms "products" instead of digital publishers, which could impact how liability claims play out in court.

  • February 09, 2024

    Calif. Court Restores Privacy Agency's Power To Enforce Regs

    The California Privacy Protection Agency has won the reversal of a ruling that delayed its ability to enforce a dozen privacy regulations it has finalized under the state's landmark consumer data privacy law, paving the way for the agency to immediately begin taking action against companies under the rules. 

  • February 09, 2024

    AI Companies Say Artists' Copyright Suit Still Falls Short

    Four artificial intelligence companies behind image-generating platforms asked a California federal court to dismiss a proposed copyright class action from artists, arguing the plaintiffs' amended complaint still does not support allegations that their works were ripped off to train various AI programs.

  • February 09, 2024

    Jordan Calls For Investigation Into DOJ's Deal With IRS Leaker

    House Judiciary Committee Chairman Jim Jordan is investigating whether federal prosecutors were politically motivated to allow the former IRS contractor who leaked former President Donald Trump's tax returns to plead guilty to a single count of illegal disclosure, calling the arrangement "a sweetheart deal."

  • February 09, 2024

    Salesman Used AI To Transcribe Calls, Steal Secrets, Cos. Say

    Two Nebraska-based technology companies say a former Connecticut salesman used the "unauthorized" artificial intelligence program Otter to record meetings, forwarded more than 200 confidential messages to his personal email address and made off with trade secrets for accounts worth $12 million after he was fired for cause on Feb. 1.

  • February 09, 2024

    SEC To Collect $81M In Fines In Latest Texting Probe Cases

    The U.S. Securities and Exchange Commission announced Friday that it has secured agreements to pay more than $81 million in fines from 16 firms over their employees' use of personal messaging apps to do business, though the agency added that one set of firms ended up paying much less for having self-reported the violations.

  • February 09, 2024

    NAR Agrees To Mediate Subscriber Data Disclosure Claim

    The National Association of Realtors and a subscriber to its official magazine agreed to mediate their dispute in Michigan federal court over the group's alleged illegal sharing of personal information.

Expert Analysis

  • How SEC And NY Cyber Reporting Rules Affect Key Industries

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    The new U.S. Securities and Exchange Commission and New York State Department of Financial Services cybersecurity disclosure requirements, and their competing obligations, reveal the increasing complexity for organizations evaluating and reacting to cybersecurity incidents — particularly those in the healthcare and financial services industries, say attorneys at Manatt.

  • Attorneys' Busiest Times Can Be Business Opportunities

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    Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.

  • Reviewing 2023's Global AI Landscape Across Practice Areas

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    2023 stands out as a landmark year for artificial intelligence, both domestically and internationally, so legal professionals should brace for an increasingly complex future shaped by AI's integration into a multitude of sectors, including intellectual property, data privacy and cybersecurity, and ethics, say Fran Faircloth and May Yang at Ropes & Gray.

  • In The World Of Legal Ethics, 10 Trends To Note From 2023

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    Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.

  • 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.

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