Cybersecurity & Privacy

  • 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.

  • March 21, 2024

    12 Ex-Constantine Cannon Attys Launch Whistleblower Firm

    A dozen attorneys who have represented whistleblowers from Facebook, Theranos and Boeing have left Constantine Cannon LLP to form their own stand-alone boutique to support whistleblowers and boost corporate accountability globally, according to a Thursday announcement.

  • March 21, 2024

    USPTO Expands Types Of E-Signatures Allowed For Patents

    The U.S. Patent and Trademark Office will allow filers to sign patent documents using a wider range of third-party electronic signature platforms, including DocuSign and Acrobat Sign, starting Friday.

  • March 20, 2024

    House Passes Bill To Protect Data From Foreign Adversaries

    The House voted unanimously on Wednesday to pass landmark data protection legislation that would ban data brokers from transferring, selling or providing access to Americans' sensitive personal data to foreign adversaries, including China.

  • March 20, 2024

    SentinelOne Sued In Del. Over Advance Notice Bylaw

    A shareholder of cybersecurity company SentinelOne Inc. filed a proposed class action against the company's board in Delaware's Court of Chancery on Tuesday, seeking to invalidate a "coercive and preclusive" advance notice bylaw related to board nominations.

  • March 20, 2024

    Health And Safety Top Risk For Directors, Global Survey Says

    Health and safety is the top risk for directors and officers worldwide, according to a survey published Wednesday, in a "surprise" result partly attributed to the lingering impact of the COVID-19 pandemic on businesses and increasing mental health considerations.

  • March 20, 2024

    Tech Partner Takes Reins Of New AI Team At Phillips Lytle

    Phillips Lytle this week became one of the latest firms to unveil a dedicated team focused on artificial intelligence, with a partner experienced in technology and business matters poised to lead that group of seven attorneys overall.

  • March 20, 2024

    EU Commission Builds 'Toolkit' To Fight Counterfeiting

    The European Commission has adopted new measures to crack down on counterfeiting aimed at strengthening intellectual property rights by increasing the sanctions for criminal offenses while also designating a single contact point for enforcement issues. 

  • March 20, 2024

    Prince Harry, Others Bid To Pull Murdoch Into Privacy Claim

    Prince Harry and other claimants urged a London court on Wednesday to allow them to add allegations about the use of private investigators to their claim against tabloid publisher News Group, saying that leading figures in the company including Rupert Murdoch were involved in an alleged cover-up.

  • March 20, 2024

    White Supremacist Must Pay $10M For Election Robocalls

    A Montana federal judge has ordered an Idaho white supremacist to pay the Federal Communications Commission $9.9 million after being found liable for sending out thousands of racist robocalls.

  • March 20, 2024

    AI Misuse Will Drive Cyber Insurance Demand, Actuary Says

    The use of artificial intelligence by criminals and other evolving threats will boost demand for cyber-insurance for at least the next decade, according to analysis published Wednesday by actuarial consultancy OAC.

  • March 20, 2024

    Journalist Can Sue UAE Over Alleged Hacking, Court Says

    A court has given a British journalist the green light to sue the United Arab Emirates over its alleged use of spyware to infiltrate her mobile phone, in the first U.K. case of its kind, lawyers for the reporter said on Wednesday.

  • March 20, 2024

    How The Supreme Court Could Narrow Chevron

    After hours of oral argument in a closely watched administrative law case, it appeared that some U.S. Supreme Court justices could be open to limiting the opportunities for lower courts to defer to federal agencies' legal interpretations in disputes over rulemaking — and legal experts said there are a number of ways they could do it.

  • March 20, 2024

    FCC Urged To Spend On School Firewalls, Not Wi-Fi Hotspots

    The Federal Communications Commission could better spend funds for education on beefed-up cybersecurity than on a controversial proposal for Wi-Fi hotspots, a broadband industry group told the agency.

  • March 20, 2024

    EU's AI Act Disclosure Rules Could Spark Further Litigation

    The European Union's new artificial intelligence law included some welcome guardrails to protect intellectual property rights. But lawyers say it remains to be seen whether these new rules will bridge the gap between concerned rights holders and AI pioneers.

  • March 20, 2024

    Law360 Announces The Members Of Its 2024 Editorial Boards

    Law360 is pleased to announce the formation of its 2024 Editorial Advisory Boards.

  • March 20, 2024

    US Chamber's Litigation Funding Concerns Spur 2 State Laws

    Amid concerns from the U.S. Chamber of Commerce about third-party litigation funding, including from potentially hostile foreign entities, state legislatures in Indiana and West Virginia have recently passed bills imposing restrictions on the practice.

  • March 19, 2024

    Kohl's Can't Shake Wiretap Suit Over Online Chat Feature

    A California federal judge has refused to toss a putative class action accusing Kohl's of unlawfully eavesdropping on website visitors who used an online chat feature operated by a third party, allowing a pair of claims over the alleged interception and sharing of these communications to move forward. 

  • March 19, 2024

    Apple Deleted Siri Recordings, Users Say In Seeking Sanctions

    Users of Apple's Siri who claim the voice-activated software records their conversations have asked a California federal judge to sanction the company for allegedly deleting millions of proposed class members' Siri records, including data they say "meticulously documented Apple's interception" of their confidential communications.

  • March 19, 2024

    Google Fights Wiretapping Suit Over 'Fancy Tape Recorder'

    Google LLC urged a California federal judge Tuesday to throw out a proposed class action alleging the tech giant's "human-like" customer-service product using generative text illegally eavesdrops on conversations without users' consent, arguing that the product is merely a "fancy tape recorder" that doesn't involve humans eavesdropping.

  • March 19, 2024

    Don't Impose Foreign Ownership Regs On ISPs, FCC Told

    As the Federal Communications Commission mulls how it's going to regulate broadband now that the Democratic majority plans to reclassify it as a Title II service, a free market think tank is urging the agency not to apply the agency's foreign ownership regulations to internet service providers.

  • March 19, 2024

    5th Circ. Won't Rehear Ex-Raytheon Worker's Firing Suit

    The Fifth Circuit on Tuesday refused to rehear an engineer's claims that he was fired by Raytheon for flagging issues with a defense system, keeping intact its ruling that national security concerns barred the retaliation case.

  • March 19, 2024

    No 'True Threats' Made On Officials In Trump Case, Court Told

    An Alabama man indicted for allegedly threatening to harm the Georgia prosecutor spearheading the election interference case against former President Donald Trump wants the indictment against him tossed, arguing that he didn't make "true threats" and that his speech is protected by the First Amendement.

  • March 19, 2024

    State Farm Must Face Wire Fraud Coverage Suit

    A State Farm unit can't escape a property owners association's suit seeking directors and officers coverage for underlying litigation stemming from an alleged wire fraud incident, a California federal court ruled, saying the association's claimed loss falls within the basic scope of coverage.

Expert Analysis

  • Series

    Playing Competitive Tennis Makes Me A Better Lawyer

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    My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.

  • New Strain Of Web Tracking Suits Pose Risks For Retailers

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    Amid an ongoing surge of California state and federal lawsuits that are using novel theories to allege companies used certain recording technologies to illegally track website users, retailers should take steps to develop a potential argument that customers consented to any alleged uses of these devices, say attorneys at Benesch.

  • Series

    The Pop Culture Docket: Judge Djerassi On Super Bowl 52

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    Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.

  • 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.

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