Cybersecurity & Privacy

  • May 10, 2024

    X Corp.'s Data Scraping Suit Stymied By Copyright Act

    A California federal judge has dismissed X Corp.'s suit accusing an Israeli company of mining and selling user data culled from its platform, noting that X's claims would allow it to block others from distributing publicly available user content and are preempted by the Copyright Act.

  • May 10, 2024

    Off The Bench: Ohtani Translator's Plea, NBA Star Tops Agent

    In this week's Off The Bench, Shohei Ohtani's ex-interpreter will plead guilty, an NBA star wins in his clash with the agent who sought to represent him, and a tennis player who was abused by her former coach is awarded $9 million.

  • May 10, 2024

    No 'Piecemeal' Fees For Infant Data Win Amid 6th Circ. Appeal

    A federal judge said Friday that he wouldn't award attorney fees to children who challenged Michigan's handling of blood samples collected in an infant health screening program until the state's Sixth Circuit appeal is resolved.

  • May 10, 2024

    Fuzzy Jurisdiction In Web Cases Has 1st Circ. Judge 'Worried'

    A First Circuit judge has said uncertainty over how personal jurisdiction rules apply to cases involving the borderless internet may require action from Congress or the U.S. Supreme Court, expressing concern that website operators can "manipulate" the legal requirement in order to avoid accountability.

  • May 09, 2024

    Amazon Shakes Wash. Suit Premised On Calif. Wiretap Claims

    A Washington federal judge has tossed a putative class action accusing Amazon.com Inc. of unlawfully recording chat conversations with consumers, finding that the plaintiff couldn't sustain a suit containing only California claims because the e-commerce giant's usage agreement makes clear that Washington law governs such disputes. 

  • May 09, 2024

    Maryland Enacts Data Privacy, Kids' Digital Safety Laws

    Maryland's governor on Thursday signed data privacy legislation that strictly limits the personal information that companies can collect from consumers and a separate bill to boost online safeguards for children that's modeled after a California bill that's currently embroiled in a constitutional challenge. 

  • May 09, 2024

    Amazon, Walmart Face Dem Questions Over 'Dynamic Pricing'

    Senate Banking Committee Chair Sherrod Brown on Thursday raised concerns to Amazon and Walmart about corporations hiking prices by exploiting customer data and pricing algorithms, saying it undermines consumers' ability to comparison shop and save money.

  • May 09, 2024

    USPTO Says TM Applicants' Data Was Accidentally Leaked

    About 14,000 trademark applicants have been notified by the U.S. Patent and Trademark Office that some of their personal information had accidentally been released publicly, with the agency saying it happened over an eight-month period.

  • May 09, 2024

    Avid Can't Escape Spoofing Suit From 48 States, Judge Says

    A suit from nearly 50 states accusing Avid Telecom of allowing billions of illegal robocalls can proceed to discovery after an Arizona federal judge ruled Wednesday that more fact-finding would be needed to determine whether the company should be considered a common carrier.

  • May 09, 2024

    DOJ Task Force To Target Healthcare Monopoly, Collusion

    The U.S. Department of Justice's Antitrust Division sharpened its focus Thursday on healthcare platforms that combine doctors with insurers, data and more in what the administration's top competition official called the "alarming" accumulation of assets.

  • May 09, 2024

    AT&T Appeals $57M Fine For Selling Customer Location Data

    AT&T is appealing a $57 million fine from the Federal Communications Commission on allegations it failed to protect customer location data, calling the agency order an "abuse of discretion."

  • May 09, 2024

    Buchanan Ingersoll Adds Marine Corps Cyber Pro As Counsel

    A U.S. Marine Corps veteran and cybersecurity expert with more than 25 years of legal experience has come aboard Buchanan Ingersoll & Rooney PC's data privacy practice group as a counsel.

  • May 08, 2024

    AI Art Cos. Fight Uphill To Toss Artists' Copyright Suit

    Attorneys for four companies that make or distribute software that creates images with text prompts urged a California federal judge Wednesday to rethink his tentative opinion to allow some claims by a proposed class of artists to move forward, with one warning it could lead to hundreds of thousands of similar suits.

  • May 08, 2024

    AGs Blast Federal Data Privacy Law's Proposed State Override

    California joined attorneys general from more than a dozen other states and Washington, D.C., on Wednesday to urge Congress to ensure that proposed federal data privacy legislation sets a "floor, not a ceiling" that would preserve more stringent protections states have enacted and allow them to add new laws to address rapid technological developments. 

  • May 08, 2024

    Tribes And Groups Urge 9th Circ. To Uphold TikTok Ban Pause

    Free speech and internet advocacy groups, as well a Native American nonprofit and two tribes, are urging the Ninth Circuit to uphold a lower court's decision that blocks Montana from banning social app TikTok, arguing that First Amendment protections include such media platforms.

  • May 08, 2024

    Biden Signs Law To Protect Children From Online Exploitation

    President Joe Biden has signed into law a bipartisan bill aimed at curbing online child sex exploitation by strengthening requirements for social media companies and other service providers to report abuse to the nation's centralized reporting system.

  • May 08, 2024

    Pa. Panel Scrutinizes Missteps In 2020 Election Machine Fracas

    The Pennsylvania Commonwealth Court on Wednesday brought up apparent missteps by both sides of a fight stemming from third-party inspections of a conservative county's voting machines, started by the county commissioners falling in with the hunt for fraud in the 2020 election and the state pushing back.

  • May 08, 2024

    Bill To Undo SEC Crypto Accounting Bulletin Passes House

    Lawmakers in the U.S. House of Representatives on Wednesday voted to overturn the U.S. Securities and Exchange Commission's controversial cryptocurrency accounting guidance despite protests from Democrats to take a more targeted approach to amend the directive and a White House pledge to veto the bill.

  • May 08, 2024

    Madison Square Garden Escapes Federal Suit Over Facial ID

    A proposed class action challenging Madison Square Garden's use of facial recognition to ban attorneys from its properties was dismissed Wednesday, with a New York federal judge ruling that contracting with the third-party provider of the software did not break the law.

  • May 08, 2024

    9th Circ. Says Calif. Can Give Gun Buyer Info To Researchers

    The Ninth Circuit on Wednesday declined to revive a constitutional challenge to a California law requiring the state to provide biographical information about firearm purchasers and those with carry-conceal permits to accredited research institutions studying gun violence, saying the information at issue isn't highly personal and doesn't implicate the right to privacy. 

  • May 08, 2024

    Robins Kaplan File Flub Bad Look For Both Sides, Panel Says

    A Manhattan appeals panel expressed concern Wednesday that Robins Kaplan LLP had poked through an opposing party's Dropbox database that was accidentally shared in investor litigation, while also criticizing the other side for failing to catch the error.

  • May 08, 2024

    Coldwell Banker's Lockboxes Draw BIPA Suit

    Coldwell Banker has been sued in Illinois state court by a proposed class of employees who claim it violated Illinois' biometric privacy law by failing to get their informed consent before requiring them to scan their fingerprints to access biometric lockboxes that store keys for rental units shown to potential customers.

  • May 08, 2024

    NAR Magazine Subscribers Drop Data-Selling Claims

    A proposed class has mediated and permanently dismissed claims in Michigan federal court accusing the National Association of Realtors of illegally selling, exchanging and renting the personal data of subscribers to the NAR's Realtor magazine.

  • May 08, 2024

    Japanese Crypto Exchange Coincheck Eyes US Listing In '24

    Simpson Thacher-led Japanese cryptocurrency exchange Coincheck Group BV plans to complete a long-awaited merger with a special-purpose acquisition company by the year's second or third quarter, a combination that would make it the second U.S.-listed crypto venue.

  • May 08, 2024

    Boston Man Says He Was Chinese Activist, Not Gov't Spy

    A Massachusetts resident denied charges of acting as a Chinese government agent by allegedly reporting pro-democracy activity in the Boston area, arguing that he is merely a local community activist whose political beliefs happen to align with those of the People's Republic of China.

Expert Analysis

  • And Now A Word From The Panel: Benefits Of MDL Transfers

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    A recent order from the Judicial Panel on Multidistrict Litigation highlights a critical part of the panel's work — moving cases into an existing MDL — and serves as a reminder that common arguments against such transfers don't outweigh the benefits of coordinating discovery and utilizing lead counsel, says Alan Rothman at Sidley Austin.

  • Ready Or Not, Big Tech Should Expect CFPB Surveillance

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    In light of the Consumer Financial Protection Bureau's proposed plan to supervise large companies providing the vast majority of digital money transfers, not only will Big Tech have to prepare for regulation previously reserved for traditional banks, but the CFPB will also likely face some difficult decisions and obstacles, says Meredith Osborn at Arnold & Porter.

  • 3 Cybersecurity Takeaways From White House Tech Report

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    Tech companies and software developers should take stock of the Biden administration's push for improved cybersecurity in a recent White House report, especially given that the report lays new building blocks related to potential liability for developers, say attorneys at Sidley.

  • Series

    Spray Painting Makes Me A Better Lawyer

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    My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.

  • Examining The Arbitration Clause Landscape Amid Risks

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    Amid a new wave of mass arbitrations, recent developments in the courts and from the American Arbitration Association suggest that companies should improve arbitration clause drafting to protect themselves against big-ticket settlements and avoid major potential liability, say attorneys at Benesch.

  • Past CCPA Enforcement Sets Path For Compliance Efforts

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    The California Privacy Protection Agency and the California Attorney General's Office haven't skipped a beat in investigating potential noncompliance with the California Consumer Privacy Act, and six broad issues will continue to dominate the enforcement landscape and inform compliance strategy, say attorneys at Reed Smith.

  • Hospitals Must Adapt To Growing Cybercrime Threats

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    As the tide of cybersecurity attacks targeting the healthcare industry continues to grow, hospitals and healthcare providers must take steps to protect themselves, including by replacing legacy records systems and ensuring that business associate agreements address responsibility for breaches, says Christine Chasse at Spencer Fane.

  • How Policymakers Can Preserve The Promise Of Global Trade

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    Global trade faces increasing challenges but could experience a resurgence if long-held approaches adjust and the U.S. accounts for factors that undermine free trade's continuing viability, such as regional trading blocs and the increasing speed of technological advancement, says David Jividen at White & Case.

  • 10 Areas To Watch In Aerospace And Defense Contracting Law

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    The near future holds a number of key areas to watch in aerospace and defense contracting law, ranging from dramatic developments in the space industry to recent National Defense Authorization Act updates, which are focused on U.S. leadership in emerging technologies, say Joseph Berger and Chip Purcell at Thompson Hine.

  • Meta Data Scraping Case Has Lessons For Platforms, AI Cos.

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    The California federal court ruling that artificial intelligence company Bright Data's scraping of public data from Meta social media sites does not constitute a breach of contract signals that platforms should review their terms of service and AI companies could face broad implications for their training of algorithms, say attorneys at Arnold & Porter.

  • Opinion

    Judicial Independence Is Imperative This Election Year

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    As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.

  • How Harsher Penalties For AI Crimes May Work In Practice

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    With recent pronouncements from the U.S. Department of Justice that prosecutors may seek sentencing enhancements for crimes committed using artificial intelligence, defense counsel should understand how the sentencing guidelines and statutory factors will come into play, says Jennie VonCannon at Crowell & Moring.

  • AI In Performance Management: Mitigating Employer Risk

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    Companies are increasingly turning to artificial intelligence tools in performance management, exposing organizations to significant risks, which they can manage through employee training, bias assessments, and comprehensive policies and procedures related to the new technology, say Gregory Brown and Cindy Huang at Jackson Lewis.

  • Legal Issues When Training AI On Previously Collected Data

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    Following the Federal Trade Commission's recent guidance about the use of customer data to train artificial intelligence models, companies should carefully think through their terms of service and privacy policies and be cautious when changing them to permit new uses of previously collected data, says James Gatto at Sheppard Mullin.

  • Series

    Riding My Peloton Bike Makes Me A Better Lawyer

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    Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.

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