Cybersecurity & Privacy

  • February 26, 2024

    AI Software Co., Lumen Settle $6M Trade Secrets Spat

    A Texas-based AI company and a Lumen Technologies subsidiary have settled a trade secrets lawsuit accusing Lumen of misappropriating the company's proprietary software and stiffing it on payments after ending their licensing agreement, according to a notice of settlement filed in Colorado federal court Friday.

  • February 24, 2024

    Up Next At High Court: Social Media Laws & Bump Stocks

    The U.S. Supreme Court will hear oral arguments related to three big-ticket cases this week in a pair of First Amendment challenges to Florida and Texas laws prohibiting social media platforms from removing content or users based on their viewpoints and a dispute over the federal government's authority to ban bump stocks.

  • February 23, 2024

    Grocery Delivery Co. Weee Escapes Data Breach Suit

    A New York federal judge has tossed a proposed class action against online grocery-delivery company Weee Inc. over a data breach without leave to amend, saying the plaintiffs failed to show a risk of injury since the leak only concerned low-risk data and not information such as payment records or passwords.

  • February 23, 2024

    GameStop Can't Ditch Suit Over Data Sharing With Facebook

    A California federal judge has refused to shut down a putative class action accusing GameStop Inc. of unlawfully sharing its customers' personal information with Facebook, ruling that the video game retailer qualified as a "video tape service provider" covered by federal privacy law. 

  • February 23, 2024

    FTC Rips H&R Block's 'Deceptive' Marketing, 'Coercive' Ploys

    The Federal Trade Commission filed an administrative complaint against H&R Block claiming the tax preparation company deceptively marketed some products as "free" and "coerced" people to pay for pricier products, the government agency announced Friday.

  • February 23, 2024

    Seattle Hospital Gets Facebook Browser Tracking Suit Tossed

    A Washington state judge sided with Seattle Children's Hospital on Friday, throwing out a proposed class action accusing the healthcare provider of privacy law violations and agreeing the group of parents hadn't shown how the use of a browser tracking tool on its website disclosed confidential patient information to Facebook.

  • February 23, 2024

    Meta Unlikely To Beat Most Of BIPA Suit Over Voiceprints

    A California federal judge on Friday said she's inclined to deny the bulk of Meta Platforms Inc.'s request to dismiss a proposed biometric privacy class action claiming the social media company collects and stores customer voiceprints through its Facebook and Messenger platforms in violation of Illinois' Biometric Information Privacy Act.

  • February 23, 2024

    Crypto Org, Bitcoin Miner Sue DOE Over Electricity Survey

    A Texas cryptocurrency industry association and a crypto-mining company have sued the U.S. Department of Energy in an attempt to block its plans to solicit mining companies' information about electricity consumption, alleging the department shirked the proper statutory process to collect the data.

  • February 23, 2024

    The New BIPA? Attys Warn GIPA Is A 'Live Grenade'

    After notable appellate victories in biometric privacy cases, Illinois plaintiffs have seized upon a previously little-used law protecting workers' genetic privacy, leaving defense attorneys wondering if history will repeat itself and open companies to potentially explosive liability. 

  • February 23, 2024

    Social Media Addiction Fight Akin To Big Tobacco, Judge Says

    A California federal judge appeared skeptical Friday of dismissing claims by parents and children seeking to hold Facebook founder Mark Zuckerberg liable in sprawling personal injury multidistrict litigation over social media's allegedly addictive design, comparing the addiction allegations to Big Tobacco cases that proceeded past the pleading stage.

  • February 23, 2024

    DOD Watchdog Flags Increased Emphasis On Contract Fraud

    The U.S. Department of Defense's internal watchdog has been expending more effort to fight procurement fraud, in "a shift" from healthcare fraud being the primary focus for federal investigators, according to Inspector General Robert Storch.

  • February 23, 2024

    Fla. Doctor Says T-Mobile Let Hacker Steal Her SIM Card

    A Tampa, Florida, doctor has sued T-Mobile for allegedly failing to stop a "SIM swap" hacker from transferring her personal phone account and then doing little to address the identity theft that followed, which involved the hacker trying to steal thousands from her retirement account and using her medical credentials to write more than 700 fraudulent prescriptions.

  • February 23, 2024

    Media, App Groups Wary Of Allowing Data Mining, AI Hacking

    Publishers and entertainment industry groups have urged the government to reject proposed exemptions to the Digital Millennium Copyright Act that would broaden protections for text-and-data mining and allow hackers to study biases in artificial intelligence models, raising concerns about infringement and cybersecurity.

  • February 23, 2024

    Ex-Dechert Atty Can Keep Depo Confidential In Hacking Case

    A former Dechert LLP partner can keep her deposition under wraps in an airline mogul's suit seeking to prove an international hacking conspiracy, a special master in North Carolina has ruled in a blow to the tycoon, who accused the attorney of trying to shield misconduct.

  • February 23, 2024

    Eye Care Tech Co. Gets Go-Ahead For April Sale In Ch. 11

    A Texas bankruptcy judge said Friday she will approve sale procedures that will put a troubled optometry software maker on the block in April, after the debtor said it will give creditors a few more days to respond if it decides to name a stalking horse bidder.

  • February 23, 2024

    Motorola, Mass. Police Sued For Using Intercepting Devices

    Motorola sold technology that let the Massachusetts State Police make illegal, warrantless recordings during investigations, according to a federal class action filed by four men claiming to be subjects of the secret recordings.

  • February 22, 2024

    Stressful Atty Work Can Warrant Disability Pay, Judge Says

    A Virginia federal judge held Wednesday that a cybersecurity attorney whose doctors advised that he stop working after heart surgery shouldn't have had his long-term disability benefits claim denied, ruling that a life insurance company ignored evidence that his job was highly stressful and that stress could be dangerous.

  • February 22, 2024

    FTC Lands $16.5M Privacy Deal Over Avast's 'Bait-And-Switch'

    Cybersecurity software provider Avast LLC will pay $16.5 million and be banned from selling web browsing data for advertising purposes to resolve the Federal Trade Commission's claims that the company sold this information to more than 100 third parties despite promising to protect consumers from online tracking, the agency announced Thursday.

  • February 22, 2024

    Trump Atty Sanctioned For Filing IP Suit On Gut Feelings

    A Florida federal judge has sanctioned an attorney who said he could "just know" if a product infringed his client's patents, rather than conducting a factual investigation — a move that the attorney claimed was backlash for representing former President Donald Trump elsewhere.

  • February 22, 2024

    Survey Website Must Clearly Say It's Selling Customers' Info

    The Pennsylvania Attorney General's Office on Thursday announced a settlement with a Colorado company that was allegedly selling the information of visitors to its website to telemarketers without disclosing what it was doing.

  • February 22, 2024

    YouTube Privacy Judge 'Flummoxed' By Kids' Liability Theory

    A California federal judge indicated Thursday that she's open to trimming a revived proposed class action alleging Google and companies that host child-friendly YouTube channels illegally collected children's data from targeted ads, expressing concerns about the requested relief and saying she's "flummoxed" by the consumers' belated liability theory against the channels' owners.

  • February 22, 2024

    HHS' Civil Rights Office Reaches 2nd-Ever Ransomware Deal

    The Department of Health and Human Services has reached a deal with a Maryland-based behavioral health practice over a ransomware attack that affected the protected health information of nearly 15,000 individuals.

  • February 22, 2024

    DOJ Reports $2.7B False Claims Act Haul In 2023

    The U.S. Department of Justice on Thursday released its latest data on recoveries under the False Claims Act, saying there were nearly $2.7 billion in settlements and judgments in the 2023 fiscal year, an increase from the prior year's haul. 

  • February 22, 2024

    Comerica Brass Sued Over Benefit Cards Contract Oversight

    Executives and directors of financial services company Comerica were hit with a shareholder derivative suit alleging they failed to disclose the company was mismanaging a lucrative government benefits card program by allowing sensitive data to be handled at an international vendor's office.

  • February 22, 2024

    Charter Argues For Tough IoT Security Authentication

    As the Federal Communications Commission prepares to vote next month on a "U.S. Cyber Trust Mark" for Internet of Things devices, cable giant Charter said the FCC should require that eligible devices maintain secure access controls.

Expert Analysis

  • Using Arbitration And Class Waivers As Privacy Suit Tools

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    Amid a surge in data breach class actions over the last few years, several federal court decisions indicate that arbitration clauses and class action waiver provisions can be possible alternatives to public court battles and potentially reduce the costs of privacy litigation, say Mark Olthoff and Courtney Klaus at Polsinelli.

  • 6 Pointers For Attys To Build Trust, Credibility On Social Media

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    In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.

  • 5 Lessons For SaaS Companies After Blackbaud Data Breach

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    Looking at the enforcement actions that software-as-a-service provider Blackbaud resolved with state attorneys general, the U.S. Securities and Exchange Commission and the Federal Trade Commission in the past year can help SaaS companies manage these increasingly common forms of data breaches, say attorneys at Orrick.

  • SEC Regs Give Banks Chance To Step Up Cyber Safety Game

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    Just as the Sarbanes-Oxley Act forced financial institutions to undertake best practices in recordkeeping, the U.S. Securities and Exchange Commission’s recently effective cybersecurity regulations stand to similarly drive those same enterprises to seek out and implement best practices in cybersecurity, to everyone's benefit, says James Gerber at SimSpace.

  • A Post-Mortem Analysis Of Stroock's Demise

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    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

  • How DOD Can Improve Flexibility Under Proposed Cyber Rule

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    The U.S. Department of Defense should carefully address some of the more nuanced aspects of the Cybersecurity Maturity Model Certification program to avoid unintended consequences, specifically the proposal to severely limit contractor use of plans of actions and milestones, say Joshua Duvall at Maynard Nexsen and Sandeep Kathuria at L3Harris Technologies.

  • Understanding SEC's Focus Amid Lack Of Final AI Rules

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    Although the U.S. Securities and Exchange Commission's proposed rules to govern artificial intelligence are likely far from being finalized, understanding existing regulatory provisions that could address AI risks with respect to development, disclosure, compliance and data protection could help firms anticipate and avoid pitfalls, say attorneys at Skadden.

  • What's On The Horizon In Attorney General Enforcement

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    A look at recent attorney general actions, especially in the areas of antitrust and artificial intelligence, can help inform businesses on what they should expect in terms of enforcement trends as 10 attorney general races play out in 2024, say attorneys at Cozen O'Connor.

  • $32.4M Fine For Info Disclosure Is A Stark Warning For Banks

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    The New York State Department of Financial Services and the Federal Reserve's fining of a Chinese state-owned bank $32.4 million last month underscores the need for financial institutions to have policies and procedures in place to handle confidential supervisory information, say attorneys at Sidley.

  • Navigating The FCC's Rules On AI-Generated Robocall Voices

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    The Federal Communications Commission's declaratory ruling issued last week extends the agency's regulatory reach under the Telephone Consumer Protection Act to calls that use artificial intelligence technology to generate voices, laying out a compliance roadmap, but not making AI-cloned voices in robocalls illegal per se, say attorneys at Wiley Rein.

  • Series

    Coaching High School Wrestling Makes Me A Better Lawyer

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    Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.

  • SG's Office Is Case Study To Help Close Legal Gender Gap

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    As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.

  • Despite Risks, AI Is A Worthy Tool For Healthcare Industry

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    Artificial intelligence appears to provide a productive path forward for the healthcare industry, improving economic and human health outcomes, though companies must continue to address certain technology and compliance pain points, says Sarah Abrams at Bowhead Specialty Underwriters.

  • Bitcoin ETF Approval Doesn't Mean SEC Approves Of Crypto

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    While the U.S. Securities and Exchange Commission's approval last month of 11 applications for spot exchange-traded funds tracking bitcoin is a landmark moment for the crypto-asset industry, investors who are hopeful that the SEC will approve similar crypto-based ETFs may be disappointed, says attorneys at Mintz.

  • Key Considerations For Evaluating An AI Vendor

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    As artificial intelligence technology advances across industries, businesses can mitigate risks, while maximizing the value of their investment, by evaluating technology, expertise, support services, transparency and more when selecting an AI vendor, say Rahul Kapoor and Shokoh Yaghoubi at Morgan Lewis.

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