Cybersecurity & Privacy

  • March 25, 2024

    Ga. Judge Slams Attys Over 'Incredible' House Arrest Request

    A Georgia federal judge on Monday postponed the sentencing of a cybersecurity contractor convicted of hacking into a hospital's computer systems after tearing into his attorneys over their request for nearly five years of home confinement instead of prison, for which the judge found "no basis."

  • March 25, 2024

    US Accuses 7 Chinese Nationals Of Hacking Conspiracy

    The Biden administration filed criminal charges and issued economic sanctions on Monday against Chinese nationals who allegedly attempted hack into the accounts of government officials and defense companies under the auspices of a cyberespionage program supposedly backed by China.

  • March 25, 2024

    3 BIPA Pros Join Blank Rome In Chicago From Taft Stettinius

    Blank Rome LLP announced the additions of three former Taft Stettinius & Hollister LLP attorneys to its corporate litigation group on Monday, touting the Chicago-based trio's experience with biometric privacy laws in a state that has often led the charge on them.

  • March 25, 2024

    Catching Up With Delaware's Chancery Court

    Last week in Delaware's Court of Chancery, litigants battled as Truth Social went public, Carl Icahn and Tripadvisor hit a roadblock, and more shareholders wailed about "invasive" bylaws. Oil drilling and pharmaceutical mergers sparked new lawsuits, and a sewing machine trademark owner sued to end a contract.

  • March 25, 2024

    NFL Hits Consumers With Unsolicited Texts, Suit Says

    A New York woman alleges the NFL continues to spam her with unsolicited texts even after she opted out of the unwanted marketing messages, according to a proposed class action filed in New York federal court.

  • March 25, 2024

    FTX Clawbacks Unlikely To Help Bankman-Fried At Sentencing

    FTX founder Sam Bankman-Fried probably won't find much success in arguing for a shorter prison term based on the billions of dollars recovered by the shuttered crypto exchange's bankruptcy estate, experts told Law360 ahead of this week's much-anticipated sentencing hearing.

  • March 25, 2024

    Tech Giants Face 1st Probe Under EU Digital Markets Rules

    Alphabet, Apple and Meta are being investigated by the European Union over whether they comply with the Digital Markets Act, the first probes launched under regulations aimed at reining in the power of Big Tech, the bloc's executive arm said Monday.

  • March 22, 2024

    Ford Ditches Suit Over Vendor's Access To Website Chat Data

    A California federal judge has tossed a putative class action accusing Ford Motor Co. of allowing a third-party software provider to eavesdrop on consumers who use the chat feature on the automaker's website, finding that the plaintiff hadn't shown that Ford had aided and abetted its vendor's allegedly unlawful interception and monetization of chat data. 

  • March 22, 2024

    Meta Can't Stop FTC Privacy Tweaks, Feds Say

    The Federal Trade Commission told the D.C. Circuit that Meta Platforms Inc. cannot nitpick the agency's structure to dodge in-house proceedings over proposed revisions to a $5 billion data privacy settlement between the commission and the social media giant.

  • March 22, 2024

    Marketers Want FCC Robocall Rule Put On Ice During Appeal

    A trade group has asked the Federal Communications Commission to hold off on a rule approved in December clamping down on robocalls and texts while the organization pursues an Eleventh Circuit challenge to the new regulations.

  • March 22, 2024

    Google Can Arbitrate Collusion Claims While Apple Beats Suit

    For the second time, a California federal judge has forced into arbitration antitrust claims brought by a Golden State crane operator training school accusing Google of paying off Apple to not develop its own search engine while dismissing the rest of the claims against both tech behemoths.

  • March 22, 2024

    Artists Fight Image Generator Cos.' Bid To End Copyright Suit

    Artists suing four companies that make or distribute software that creates images with text prompts urged a California federal court to keep their proposed class action alive, telling a judge who dismissed most of their copyright claims that their amended complaint withstands the defendants' arguments for dismissal.

  • March 22, 2024

    Trump Media SPAC CEO Accused Of Misleading Investors

    A sponsor of the special-purpose acquisition company approved to take Donald Trump's social media website public has sued its CEO in Florida federal court, saying a "coup d'etat" was orchestrated to oust the former leader and mislead investors in an effort to assume control over the enterprise.

  • March 22, 2024

    Apple AirTag Judge Open To Injunctive Cert. In Stalking Suit

    A California federal judge overseeing claims that Apple Inc. failed to safeguard its AirTag tracking device from being abused by stalkers said Friday it's "exceedingly unlikely" a proposed damages class will be certified, but a proposed class seeking injunctive relief is likely to snag certification, at least on some claims.

  • March 22, 2024

    Colo. City Wins $13.5M For Software Co.'s Trickery

    A Colorado federal judge says a software company that was found to have lied to secure a multimillion project with the city of Fort Collins must pay $13.5 million for the city's costs stemming from its fraud.

  • March 22, 2024

    $900M Trade Secrets Case Against Kaiser Foundation Flops

    A California state judge has ruled that, after more than five years of litigation against the Kaiser Foundation, a pastor's small medical technology startup cannot "explain what was unique or secret about its conception for transmitting patient data" that was purportedly worth beyond $900 million.

  • March 22, 2024

    DraftKings' Suit Is 'Character Assassination,' Former VP Says

    A former DraftKings executive picked apart a trade secret suit brought against him in Massachusetts federal court by his ex-employer, saying it's an attempt to "torch his reputation" with questionable evidence that also demonstrates the company's practice of smearing employees who leave for better opportunities.

  • March 22, 2024

    Senators Call On White House To Declassify TikTok Info

    A pair of U.S. senators is calling on the Biden administration to declassify information from TikTok and its owner ByteDance, citing national security concerns.

  • March 22, 2024

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen the BBC and Wall to Wall Media hit with a passing off lawsuit by musician BOSSIIE, Poundland parent company Pepco Group file a commercial fraud claim against several mobile network giants, family law specialists Alexiou Fisher Philipps LLP start proceedings against former oil trader Michael Prest, and a transgender lawyer file a libel claim against a blogger. Here, Law360 looks at these and other new claims in the U.K.

  • March 22, 2024

    Del. Courts Examining 'Colonoscopy'-Like Bylaw Rules

    Invasive advance-notice bylaws that some observers say make shareholder board nominations as intrusive as a "colonoscopy" are reviving old questions in Delaware courts about how far boards can go to protect themselves against shareholder activism.

  • March 21, 2024

    US DOT Eyeing Airlines' Consumer Privacy And Data Security

    The U.S. Department of Transportation said Thursday it will conduct a privacy review of the country's largest airlines, focusing on their collection and use of passengers' personal information in response to consumer complaints that airline employees and contractors have mishandled their data.

  • March 21, 2024

    9th Circ. Won't Rethink Apple App Store Rival's Antitrust Suit

    A split Ninth Circuit panel has refused to rehear a rival app store developer's bid to revive an antitrust suit alleging that Apple monopolizes the market for app distribution on iOS devices with its App store.

  • March 21, 2024

    Sens. Want Spectrum Pipeline, But Worry Over Nat'l Security

    Lawmakers warned Thursday that the U.S. could lose its global leadership role in telecommunications technology by delaying plans to auction more spectrum for commercial use, but said they must first deal with the national security concerns posed by shared use of the airwaves with defense users.

  • March 21, 2024

    Asbestos Claimants Balk At Subpoena For Claims Data

    The asbestos injury claimants in the two Chapter 11 cases of CertainTeed spinoff DBMP LLC and Aldrich Pump LLC have asked a North Carolina judge to reject DBMP's request to access Aldrich Pump's asbestos claims records, saying it is unnecessary and invading the claimants' privacy.

  • March 21, 2024

    Robins Kaplan, Funding Firm Must Pay Sanctions, Court Told

    An investment firm has urged a New York state appellate court to uphold a $156,000 sanction levied against a litigation funding firm and its counsel from Robins Kaplan LLP over the law firm's access to the opposing party's Dropbox account, saying a trial court acted within its discretion in imposing the sanction.

Expert Analysis

  • Unraveling The Bundled Benefits Of Retail Memberships

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    The recent prevalence of paid retail memberships and the associated findings of a consumer survey suggest that assessing consumer preferences and welfare may be important when considering resolution mechanisms in antitrust contexts, say Rosa M. Abrantes-Metz at Berkeley Research Group, Mame Maloney at The Brattle Group and Jeff Brazell at the University of Utah.

  • NC TikTok Order Holds Lessons On Handling State AG Probes

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    Earlier this month, a North Carolina appeals court compelled TikTok to give the state attorney general information relating to 98,000 recorded Zoom meetings, reminding companies that successful civil litigation strategies may have the opposite effect in the state or regulatory investigation context, say attorneys at Troutman Pepper.

  • Takeaways From SEC's Aggressive Cybersecurity Moves

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    The U.S. Securities and Exchange Commission's intensifying policy on cybersecurity and securities violations in the wake of a data breach — like its enforcement action against SolarWinds and its security officer — has emboldened shareholders to file related suits, creating a heightened threat to public companies, say attorneys at Baker McKenzie.

  • Considerations For Lawyer Witnesses After FTX Trial

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    Sam Bankman-Fried's recent trial testimony about his lawyers' involvement in FTX's business highlights the need for attorney-witnesses to understand privilege issues in order to avoid costly discovery disputes and, potentially, uncover critical evidence an adversary might seek to conceal, says Lawrence Bluestone at Genova Burns.

  • How Merck Settlement Can Inform Cyberinsurance Approach

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    This month's settlement in Merck v. ACE spotlights how cyber exclusions have evolved since the significant decision in the case — allowing for insurance coverage despite the presence of a policy war exclusion — and where else corporate risk managers may look for coverage in case of a cyberattack, say attorneys at McGuireWoods.

  • What Businesses Should Know About NJ Privacy Bill

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    New Jersey’s recently passed comprehensive privacy bill S.B. 332 presents businesses with a nuanced framework and compliance obligations, including opt-in consent requirements for sensitive data, with recommendations for businesses to organize data, review consent requirements and more, says Trisha Sircar at Katten.

  • Staying Ahead Of The AI Policymaking Curve

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    With artificial intelligence poised to be the hottest legislative and regulatory topic in 2024, expect the AI policymaking toolbox to continue to expand and evolve as stakeholders in the U.S. and abroad develop, deploy, use and learn more about these technologies, say attorneys at Hogan Lovells.

  • The 7th Circ.'s Top 10 Civil Opinions Of 2023

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    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2023, and explain how they may affect issues related to antitrust, constitutional law, federal jurisdiction and more.

  • Employee Experience Strategy Can Boost Law Firm Success

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    Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.

  • And Now A Word From The Panel: A Strong Year For MDLs

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    While the Judicial Panel on Multidistrict Litigation granted even fewer MDL petitions last year than in 2022, hitting a 21st-century low, a closer look at the record-setting number of total actions encompassed within current proceedings reveals that MDL practice is still quite robust, says Alan Rothman at Sidley.

  • What Cos. Can Learn From 2023 Export Enforcement Report

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    A January report summarizing key actions and policy changes undertaken at the Office of Export Enforcement in 2023 is a valuable indicator of future government priorities and the factors companies should consider as they conduct export operations amid what may be a turbulent international trading environment in 2024, says Thaddeus McBride at Bass Berry.

  • How Consumer Product Cos. Can Keep Up With Class Actions

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    Recent cases show California's federal courts and the Ninth Circuit remain the preferred arena for consumers pursuing false advertising and trade deception claims against companies — so manufacturers, distributors and retailers of consumer products should continue to watch these courts for guidance on how to fight class actions, say attorneys at Dechert.

  • Series

    Competing In Triathlons Makes Me A Better Lawyer

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    While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.

  • What's In NY's Draft Guidance On AI Use In Insurance

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    Last week, the New York State Department of Financial Services released proposed guidance for insurers on the use of artificial intelligence systems and external consumer data and information sources for underwriting and pricing purposes, and these standards will likely help form the basis of an eventual nationwide insurance regulatory framework on AI, say attorneys at Sullivan & Cromwell.

  • Mitigating Compliance And Litigation Risks Of Evolving Tech

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    Amid artificial intelligence and other technological advances, companies must prepare for the associated risks, including a growing suite of privacy regulations, enterprising class action theories and consumer protection challenges, and proliferating disclosure obligations, say attorneys at Eversheds Sutherland.

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