Cybersecurity & Privacy

  • February 09, 2024

    Feds Seek Over 5 Years For NYC Atty In $18.8M Ponzi Scheme

    Federal prosecutors are seeking 5¼ to 6½ years in prison for a New York City attorney who admitted to running an $18.8 million Ponzi scheme that defrauded real estate investors, in addition to separately laundering funds from an expansive insurance fraud scheme.

  • February 09, 2024

    Taxation With Representation: Sullivan & Cromwell, Kirkland

    In this week's Taxation With Representation, California Resources Corp. acquires Aera Energy, ZeroFox Holdings goes private, and Acerinox purchases Haynes International.

  • February 08, 2024

    Texas Jury Clears Cloudflare, Axes Router Patent Claim

    San Francisco software company Cloudflare did not infringe a router patent owned by Sable Networks, a Texas federal jury determined Thursday, while also finding that Sable's asserted claim is invalid.

  • February 08, 2024

    Dechert Pushes To Deep-Six Hacking Cover-Up Suit

    Dechert LLP, its former white collar practice leader and others on Thursday urged a New York federal judge to find that alleged concealment of a hacking campaign to discredit a critic of a firm client isn't enough to support a civil Racketeer Influenced and Corrupt Organizations Act case.

  • February 08, 2024

    Calif. AG Not To Be Counted Out In Privacy Enforcement Arena

    The California attorney general's recent moves to crack down on streaming providers' data privacy practices and push for heightened digital safeguards for children show that the agency has no intention of backing down in this arena, even as the state's unique stand-alone data protection regulator ramps up its activity.

  • February 08, 2024

    FSOC 'Very Focused' On Nonbank Mortgage Risk, Yellen Says

    U.S. Treasury Secretary Janet Yellen told lawmakers on Thursday that federal regulators have "concern" about potential nonbank fragility in the mortgage market, and offered encouragement for legislative efforts to guard against artificial intelligence risks to the financial sector.

  • February 08, 2024

    Broker Hit With Suit Over Data Breach Affecting 1.5 Million

    A California insurance broker is facing a proposed class action filed Thursday in federal court accusing the company of failing to keep the health and personal information of more than 1.5 million customers safe from exposure in an August cyberattack.

  • February 08, 2024

    GolfNow And NBC Hit With Class Action Over Data Sharing

    GolfPass subscribers have hit GolfNow LLC and NBC Universal Media with a proposed class action claiming the companies collect and share consumers' personally identifiable information with Meta without their consent.

  • February 08, 2024

    Homeland Security's AI Use Records Faulty, Watchdog Says

    The U.S. Department of Homeland Security has failed to accurately note that some of its cybersecurity programs use artificial intelligence as required under a presidential executive order, according to a government watchdog assessing vulnerabilities to cyberattacks.

  • February 08, 2024

    Ex-BigLaw Atty Must Revamp Social Media Defamation Suit

    The social media influencer facing a $150 million defamation lawsuit claiming he misrepresented an ex-Greenberg Traurig LLP attorney's nightmarish divorce can breathe a sigh of relief — for now — as a Florida federal judge tossed the suit Thursday after finding it is "far longer than it needs be," but said most of it can proceed if refiled properly.

  • February 08, 2024

    Conn. Doc Says Website Must Unmask Fake Online Reviewer

    A Connecticut plastic surgeon asked a state court Wednesday to force the operator of website HealthGrades.com to unmask the person who posted an allegedly fake review saying she was "disfigured" by a recent procedure.

  • February 08, 2024

    Alex Jones Atty Calls Infowars 'Nonsense' In $1.4B Appeal

    Arguing in front of the shooting victims' families and squarely calling his client's broadcasts "nonsense," a lawyer for Alex Jones told the Connecticut Appellate Court on Thursday that $1.44 billion was too high a price for the Infowars website host's claims that the Sandy Hook school massacre was a "hoax."

  • February 08, 2024

    EU Says It's Not Debating Sanctions For Broadcaster Carlson

    The European Union is not currently discussing any sanctions against U.S. broadcaster Tucker Carlson for what the EU considers is the spreading of Russian propaganda, although each EU country may at any time propose possible media candidates for blacklisting, the European Commission said Thursday.

  • February 08, 2024

    FCC Bans Junk Robocalls Using AI-Cloned Voices

    The Federal Communications Commission on Thursday banned unwanted robocalls using cloned voices developed with artificial intelligence.

  • February 07, 2024

    Chinese Hackers Accessed Infrastructure For Years, US Warns

    United States intelligence agencies and allies confirmed on Wednesday that a Chinese state-sponsored hacker group called Volt Typhoon has infiltrated critical industries, including communications, transportation, energy, and water and wastewater systems, some of which have been compromised for at least five years.

  • February 07, 2024

    Unfriend $90M Facebook Privacy Deal, Objectors Tell 9th Circ.

    The Ninth Circuit heard Wednesday from various objectors who oppose a $90 million deal ending litigation accusing Facebook of unlawfully tracking logged-out users' browsing activity, with one attorney saying Facebook's due process rights wouldn't be violated if it were ordered to pay over $1 trillion in damages.

  • February 07, 2024

    Spouses Ran PPP Fraud In Secret, Ga. Defendants Tell Jury

    A Georgia man and woman standing trial for charges that they helped orchestrate a scheme to illegally obtain $11 million in Paycheck Protection Program loans were unwittingly implicated in the fraud by their respective spouses, the defendants' lawyers told a federal jury Wednesday.

  • February 07, 2024

    Wash. High Court Won't Review J&J Patient Privacy Ruling

    The Washington State Supreme Court won't review a ruling blocking Johnson & Johnson from seeing data on millions of patients in a suit over the opioid epidemic, just weeks after the drugmaker struck a $150 million deal with the state to end the litigation.

  • February 07, 2024

    FCC Republican Says 'Cyber Trust Mark' Needs Teeth

    For the Federal Communications Commission's Cyber Trust Mark — a label intended to signal that a device is secure from cyber interference — to have "teeth," companies need to be legally liable for any vulnerabilities that crop up after sale, one of the agency's Republican commissioners says.

  • February 07, 2024

    Facebook User Fights Uphill To Revive BIPA Case At 9th Circ.

    A Ninth Circuit judge on Wednesday told an attorney for a man alleging Facebook violated an Illinois biometric privacy law by storing an image of his face that he may agree a lower court's rationale for tossing the case was wrong, but said there might be other grounds for affirming the judgment.

  • February 07, 2024

    AI Co. Can't Bring Job Postings IP Suit In Calif., Judge Says

    A California federal judge has tossed a copyright complaint from a company that accused a Colorado-based competitor of stealing its artificial intelligence-driven job postings database, saying the plaintiff has not shown its rival's alleged conduct is meaningfully connected to the Golden State.

  • February 07, 2024

    6 Charged With Defrauding Court-Appointed Attorneys

    Six defendants were charged in Brooklyn federal court with stealing and cashing checks that were meant for court-appointed attorneys' legal work, prosecutors announced Wednesday.

  • February 06, 2024

    HHS Signs $4.75M Pact With NYC Hospital Over Data Theft

    A hospital in New York City's borough of the Bronx has agreed to pay $4.75 million and implement a corrective active plan to resolve the U.S. Department of Health and Human Services' claims that Montefiore Medical Center's "multiple" potential data security failings led to an employee stealing and selling thousands of patients' protected health information, the HHS said Tuesday. 

  • February 06, 2024

    Meta, Snap Want Schools' Social Media MDL Suit Tossed

    Meta, Snap and other social media giants asked a California federal judge Monday to toss claims by schools and local governments over expenses incurred addressing the purported harms to students from the addictive features of their platforms, arguing the claims are barred by the First Amendment and the Communications Decency Act.

  • February 06, 2024

    FCC Targeting Companies Behind Biden Deepfake In NH

    The Federal Communications Commission is taking action against the alleged originators of a robocall campaign that used a deepfake of President Joe Biden's voice to urge New Hampshire voters to stay home from the state's Jan. 23 Republican primary.

Expert Analysis

  • 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.

  • EU GDPR Ruling Reiterates Relative Nature Of 'Personal Data'

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    The Court of Justice of the European Union recently confirmed in Gesamtverband v. Scania that vehicle identification number data can be processed under the General Data Protection Regulation, illustrating that the same dataset may be considered "personal data" for one party, but not another, which suggests a less expansive definition of the term, say lawyers at Van Bael.

  • Energy Sector Takeaways From Biden's AI Executive Order

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    While the U.S. Department of Energy begins to establish rules in accordance with President Joe Biden's recent executive order on artificial intelligence, in-house counsel can work with business lines and executive teams to consider implementing their own AI governance process, say Joel Meister and James De Vellis at Foley & Lardner.

  • How AI Executive Order Aims To Compete For Foreign Talent

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    Immigration provisions within the Biden administration's executive order on artificial intelligence take a strategic approach to promoting the U.S. as a destination for AI and STEM talent by streamlining visa processing, enhancing educational and exchange programs, and improving current visa programs and pathways to permanent residency, says Eric Bord at Morgan Lewis.

  • Series

    The Pop Culture Docket: Judge D'Emic On Moby Grape

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    The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.

  • The Basics Of Law Firm Cyber Liability Insurance Applications

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    Cyber liability insurance has become a common consideration for law firms as cyber threats have escalated, but these insurance forms can be quite complicated given the nature of the industry and associated risks, so simply filling out the form won't necessarily result in an ideal policy for your firm, says Kevin Haight at WAMS.

  • Series

    Performing Music Makes Me A Better Lawyer

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    The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.

  • Private Industry Is Taking The Lead On AI Governance

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    Although no mature body of law for artificial intelligence exists yet, businesses promoting responsible AI governance are responding in real time to real-world concerns about the risks of this emerging technology, instead of relying on regulators and lawmakers, whether driven by altruistic motivations, competitive concerns or regulatory tactics, says Chris Wlach at Huge.

  • Expect CFPB Flex Over Large Nonbank Payment Cos.

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    A recent enforcement action and a new rule proposal from the Consumer Financial Protection Bureau indicate a growing focus on the nonbank payment ecosystem, especially larger participants, in 2024, say Felix Shipkevich and Jessica Livingston at Shipkevich.

  • Breaking Down High Court's New Code Of Conduct

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    The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.

  • AI Brings New Insurance Concerns For Healthcare Providers

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    As the healthcare industry increasingly invests in medical artificial intelligence tools, it confronts a variety of liability risks that necessitate careful consideration and potential recalibration of providers' insurance programs, say Marialuisa Gallozzi and Megan Mumford Myers at Covington.

  • 7 Critical Copyright And AI Questions Courts Need To Address

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    U.S. courts have yet to rule on many copyright issues regarding generative artificial intelligence technologies, so developers and users should consider several questions when evaluating risks, developing risk mitigation plans and making decisions about particular use cases, say John Delaney and Sean West at Perkins Coie.

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