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Cybersecurity & Privacy
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April 25, 2025
Benefits Co. Failed To Protect Personal Info, Suit Says
An employee benefits administrator failed to properly secure and safeguard private information of benefits recipients, including their names and Social Security numbers, that was later compromised in a data breach, according to a proposed class action in Maryland federal court.
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April 25, 2025
Mass. Data Broker Accused Of Flouting Colo. Privacy Law
A Massachusetts data broker is violating a Colorado law barring the inclusion of personal cellphone numbers in online directories without permission, a proposed class action alleges.
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April 24, 2025
House Panel 'Committed' To Passing Privacy Law, Staffer Says
A House Energy and Commerce Committee staff member had a message Thursday for those wondering if Congress would finally overcome the hurdles that have long stymied efforts to enact a federal comprehensive consumer data privacy law: "This time is different."
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April 24, 2025
State Privacy Enforcers Push For Stronger Corporate Dialogue
Regulators responsible for data privacy enforcement in California, Colorado and Oregon are calling on companies to be more responsive and open to investigative inquiries, saying this approach could help achieve better outcomes as these offices move to bring on additional technology experts and fortify collaboration with each other.Â
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April 24, 2025
Google Case Judge Weighs Rivals' Data Needs Against Privacy
The D.C. federal judge weighing whether to break off the Chrome browser and force Google to share data with search engine rivals zeroed in Thursday on the balancing act between propping up other competitors and protecting the search data the Justice Department says they need to compete effectively.
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April 24, 2025
Ex-OpenAI Workers, Nobel Laureates Back Musk OpenAI Fight
A group of former OpenAI employees and artificial intelligence experts, including some Nobel laureates, have urged the California and Delaware attorneys general to block OpenAI's move to take the company private, arguing that the attorneys general "have both the authority and duty to protect OpenAI's charitable trust and purpose."
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April 24, 2025
Biz Court Questions What Ties TikTok To NC In Addiction Case
A North Carolina business judge grappled Thursday with the limits of personal jurisdiction in the internet age in the state's case alleging TikTok addicts young users, questioning whether a digital app is different from a physical good regarding where a lawsuit can be filed.
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April 24, 2025
Bankers Push FCC For Caller ID To Combat Fraud
The American Bankers Association has urged the Federal Communications Commission to move forward on a plan to reduce bank-impersonating phone calls by ensuring certain voice service providers implement a new caller identification authentication process within two years.
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April 24, 2025
Fallout From Ex-Football Coach's Alleged Hacking Spreads
Three more universities were hit with lawsuits this week by students who say they were targets of a former University of Michigan and Baltimore Ravens coach accused of hacking accounts to steal intimate photos, as the number of suits stemming from the scandal continues to grow.
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April 24, 2025
Ex-Guard Claims Security Co. Cheated Her On Pay, Insurance
A security company failed to pay a former security guard wages while also making illegal deductions from her pay, including for bogus health insurance coverage, and fired her once she complained, the former employee said in a lawsuit in California state court.
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April 24, 2025
MLB Wins Fla. Appeal In Ex-Player's Data Theft Suit
A Florida state appellate court handed a win to Major League Baseball in an ex-player's lawsuit alleging personal and business data was stolen in a "black ops" hack of his computers, finding that the claims were barred by the statute of limitations and were already decided in previous cases.
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April 24, 2025
Administration Defends Right To Fire FTC Commissioners
The Trump administration has responded to a lawsuit challenging the recent firing of two Federal Trade Commission members, telling a D.C. federal court the president was exercising his constitutional authority to remove officials that help carry out his duties.
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April 24, 2025
4th Circ. Won't Rehear Health Data Access Order Challenge
The Fourth Circuit has declined an electronic medical records firm's request for the appellate court to rethink a panel's decision to dismiss its appeal of an order forcing the company to let a nursing data business access its patient information.
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April 24, 2025
Subscribers Lob Data-Sharing Suit At Baseball Media Co.
Baseball America Inc. customers have hit the company with a proposed class action in North Carolina federal court, alleging the sports publication illegally tracks their activity and shares the collected private data with third parties.
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April 23, 2025
Perplexity AI 'Hit A Wall' Of Google Defaults, Exec Testifies
An executive for search engine startup Perplexity AI Inc. on Wednesday described Google LLC as a key impediment to competition for the future of artificial intelligence-powered search, in D.C. federal court testimony supporting U.S. Department of Justice efforts to forcibly open up smartphones now heavily connected to the search giant.
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April 23, 2025
Firm Can't Fight Conn. Scam Suit Fee Rulings, Ex-Client Says
A Connecticut judge should not reconsider an award of attorney fees and interest against the law firm Mancini Provenzano & Futtner LLC because it already waived its arguments or brought them up in a pending appeal of a negligence judgment, a former client said this week.
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April 23, 2025
UMich Says It's Immune From Ex-Coach Hacking Suits
The University of Michigan has said it is immune from claims brought by student athletes who allege the university failed to protect them from a former assistant football coach's alleged hacking of their sensitive information, encouraging a federal judge to reject the students' request for speedy discovery until a conference next month.Â
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April 23, 2025
Ex-CIA Official Cops To Secretly Lobbying For Foreign Clients
A former CIA official-turned-contractor pled guilty on Wednesday to surreptitiously using his high-level security clearance to lobby for foreign national clients, including an individual seeking a U.S. visa despite terrorism financing allegations, according to a U.S. Department of Justice announcement.
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April 23, 2025
VA Employee Info Exposed Internally, Watchdog Says
The internal watchdog for the U.S. Department of Veterans Affairs confirmed a hotline complaint about improper sharing of employee information within its network, saying in a report that personal information was accessible to unauthorized users.
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April 23, 2025
Texas Senate OKs Bill Granting Property Rights In AI Images
A bill that would block the use of an individual's voice or image in artificial intelligence without their consent has made its way through the Texas Senate, now advancing to the state's House of Representatives.
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April 23, 2025
Citi Gets NY AG's Suit Paused For 2nd Circ. Review
Citibank can appeal a ruling in a lawsuit brought by the New York attorney general over the bank's response to incidents of online wire transfer fraud, with a federal judge saying that while he does not think the bank will prevail on appeal, its arguments "merit serious consideration."
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April 23, 2025
Judge Slams TCPA Atty Over Filing With 'No Legitimate Basis'
A North Carolina magistrate judge on Wednesday chastised a Telephone Consumer Protection Act litigant and his attorney for filing a reply to a discovery motion after the court had already ruled on it, striking the reply from the docket and warning that further filings without "a legitimate basis" could lead to sanctions.
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April 23, 2025
Yelp's Antitrust Case Against Google Didn't Come Too Late
A California federal court has refused to toss Yelp's case accusing Google of monopolizing the local search market, despite arguments that it came too late, but trimmed several claims Yelp will have a chance to fix before moving ahead with the long-simmering dispute.
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April 23, 2025
3 Firms Guide Launch Of $3.6B SoftBank-Backed Bitcoin Co.
Bitcoin investment startup Twenty One Capital Inc. plans to go public by merging with a special purpose acquisition company affiliated with Cantor Fitzgerald at a $3.6 billion valuation, in a deal guided by three law firms, the parties announced on Wednesday.
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April 23, 2025
Conn. Firm Hit With Another Data Breach Lawsuit
A 26-attorney Connecticut business litigation, intellectual property and employment law firm was hit with another proposed federal class action over a breach of the firm's computer systems.
Expert Analysis
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Guidance For Cos. Balancing Web Scraping And Privacy
The European Data Protection Board's recent Opinion 28/2024, which clarifies how web scraping can be implemented under the General Data Protection Regulation while respecting data privacy, offers insights for companies navigating this intersection of AI innovation and privacy laws, says Jo Levy at the Norton Law Firm.
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Rethinking How To Engage Shareholders, Activists Via Proxies
​​​​​​​This proxy season, companies should consider visually driven proxy statements that highlight the board's strengths, the alignment between executive compensation and performance, and a commitment to sustainability and risk management to earn the support of investors and fend off hostile acquirers, say Craig Clay and Ron Schneider at DFIN.
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Opinion
Judge Should Not Have Been Reprimanded For Alito Essay
Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.
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How Cos. Can Use Data Clean Rooms To Address Privacy
Implementing comprehensive administrative controls, security processes and vendor management systems are vital steps for businesses leveraging data clean rooms for privacy compliance, especially given the Federal Trade Commission's warnings of complicated user privacy implications, say attorneys at Troutman.
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Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.
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Ga. Tech Case Shows DOJ Focus On Higher Ed Cybersecurity
The Justice Department’s ongoing case against the Georgia Institute of Technology demonstrates how many colleges and universities may be unwittingly exposed to myriad cybersecurity requirements that, if not followed, could lead to False Claims Act liability, say attorneys at Woods Rogers.
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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Critical Steps For Navigating Intensified OFAC Enforcement
The largely overlooked SkyGeek settlement from the end of 2024 heralds the arrival of the Office of Foreign Assets Control's long anticipated enhanced enforcement posture and clearly demonstrates the sanctions-compliance benefits of immediately responding to blocked payments, says Jeremy Paner at Hughes Hubbard.
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Unpacking HHS' Proposal To Amend HIPAA Security Rule
While the U.S. Department of Health and Human Services' proposal to amend the Health Insurance Portability and Accountability Act's security rule could face scrutiny under the Trump administration, it reflects a clear concern over health data security and could push entities to implement operational changes, say attorneys at Sheppard Mullin.
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.
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Managing Transatlantic Antitrust Investigations And Litigation
As transatlantic competition regulators cooperate more closely and European antitrust investigations increasingly spark follow-up civil suits in the U.S., companies must understand how to simultaneously juggle high-stakes multigovernment investigations and manage the risks of expensive new claims across jurisdictions, say lawyers at Paul Weiss.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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Engaging With Feds On Threats To Executives, Employees
In an increasingly polarized environment, where companies face serious concerns about how to protect executives and employees, counsel should consider working with federal law enforcement soon after the discovery of threats or harassment, says Jordan Estes at Gibson Dunn.
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Drug Cartels' Terrorist Label Raises Litigation Risk For Cos.
President Donald Trump's planned designation of some Latin American drug-trafficking groups as foreign terrorist organizations creates an additional and little-noticed source of legal exposure: U.S. civil litigation risk involving terrorism claims by victims of those groups, say attorneys at Covington.
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Best Practices To Optimize Cybersecurity Insurance
As cyberthreats continue to evolve, the risks associated with third-party vendor breaches are an increasing concern, so businesses must not only reevaluate their internal cybersecurity insurance, but also take proactive steps to evaluate and manage the risks posed by their third-party relationships, say attorneys at Reed Smith.