Cybersecurity & Privacy

  • February 22, 2024

    HHS Warning to Congress: Health Data Breaches Surging

    The number of large data breaches exposing protected health information more than doubled in a recent five-year period, reaching 626 incidents in 2022 that affected nearly 42 million people, federal officials said Thursday.

  • February 22, 2024

    AI Software Co. Hasn't Actually Developed AI, Suit Says

    Software and data engineering company Innodata Inc. has been hit with a proposed class action alleging its stock price dropped more than 30% after a financial research firm published a report saying its promised artificial intelligence technology is "smoke and mirrors" and that its marketing claims are like "putting lipstick on a pig."

  • February 22, 2024

    Mich. Judge OKs $52M Deal For Mayo Foundation Subscribers

    A Michigan federal judge on Wednesday gave the initial approval to a $52 million deal for subscribers to the Mayo Foundation's health magazine who allege the publisher shared their private information without consent.

  • February 22, 2024

    Ex-BigLaw Atty Refiles Defamation Case Against Influencer

    The $150 million defamation battle between former Greenberg Traurig LLP attorney Allan Kassenoff and the social media influencer he accuses of lying about his nightmarish divorce has entered a new phase as Kassenoff has filed a slimmed-down complaint after the previous one was dismissed for being "far longer than it needs to be."

  • February 22, 2024

    Former Kamala Harris Tech Adviser Joins DOJ As 1st AI Chief

    Faced with growing challenges involving artificial intelligence and cybersecurity, the U.S. Department of Justice on Thursday named a professor with ties to Vice President Kamala Harris as its first-ever adviser focused on these emerging technologies.

  • February 21, 2024

    Calif. Chamber Takes Privacy Regs Fight To State High Court

    The California Chamber of Commerce is pressing the state's Supreme Court to overturn a ruling that allows California's new data privacy agency to begin enforcing regulations it has finalized, arguing that there's "no way" state voters envisioned companies having less than a year to comply with the rules.  

  • February 21, 2024

    Voters Want Ga. Officials Sanctioned For Withheld Evidence

    Voting rights advocates who faced off with Georgia election officials at trial last month are now seeking sanctions against the Coffee County, Georgia, board of elections and its attorneys for allegedly withholding evidence related to a January 2021 voting machine breach in the county and for knowingly allowing a witness to lie under oath.

  • February 21, 2024

    FTC Says Twitter Staff Prevented Musk Violating Privacy Order

    The Federal Trade Commission told the House Judiciary Committee on Wednesday that were it not for Twitter employees disobeying Elon Musk's orders to grant some reporters "full access to everything ... no limits at all" to the social media platform's systems, the company may have violated a 2022 FTC consent decree.

  • February 21, 2024

    'Cyber Trust Mark' Will Get Vote At Next FCC Meeting

    The proposed "U.S. Cyber Trust Mark" for "smart" products will come up for a vote at the Federal Communications Commission next month, FCC Chair Jessica Rosenworcel said Wednesday.

  • February 21, 2024

    Google Judge Slams Lack Of User Choice, Mulls Privacy Cert.

    A California federal judge on Wednesday appeared open to certifying a class of potentially tens of millions of Google account holders alleging Google's ad auction practices violate privacy rights, doubting that users consented to data-sharing if they couldn't opt out and telling Google's counsel, "there's no transparency and there's no choice."

  • February 21, 2024

    ByteDance Can't Arbitrate Ex-Coder's Wrongful Firing Suit

    A California federal judge declined to send a former ByteDance Inc. engineer's wrongful termination suit to arbitration, writing in a ruling made public Tuesday that there are factual disputes over whether he signed employment agreements containing arbitration clauses, saying the matter should be resolved via a jury trial.

  • February 21, 2024

    Justices Turn Away Meta Bid To End Ad Discrimination Suit

    A proposed class action accusing Facebook owner Meta of permitting discrimination in choices regarding which users could see housing ads appears headed for discovery after the U.S. Supreme Court denied the company's petition to appeal a split Ninth Circuit ruling.

  • February 21, 2024

    GAO Says IT Co. Challenging $79M Gov't Deal Wasn't Misled

    A Virginia information technology company lost its protest of a $79 million U.S. Special Operations Command deal for cybersecurity services after the U.S. Government Accountability Office rejected its contention that USSOCOM engaged in misleading and unfair discussions during procurement.

  • February 21, 2024

    9th Circ. Affirms $90M Facebook Privacy Deal Over Objections

    A Ninth Circuit panel affirmed a $90 million class settlement on Wednesday to resolve allegations that Facebook illegally tracked logged-out users' browsing activity, calling two objectors' suggestion that the company faced $1.24 trillion in statutory damages "an unreasonable baseline that would violate due process."

  • February 21, 2024

    FCC Commissioner To Meet With Indian Gov't On TikTok Ban

    FCC Commissioner Brendan Carr is finally getting the chance to chat with Indian officials about the country's decision to ban TikTok over concerns about the Chinese government's influence over the app, a decision he has pushed for here in the United States, during a visit to India.

  • February 21, 2024

    Salesman Accused Of AI Misuse Must Hand Over Co. Docs

    A Connecticut salesman who allegedly used the artificial intelligence application Otter to record company calls must return any of his former employer's internal documents that are still in his possession and swear that he no longer has any of the material at issue in a trade secrets lawsuit, a federal judge has ruled.

  • February 21, 2024

    Consumer Data Co. Gets OK For $50M Ch. 11 Sale

    A Delaware bankruptcy judge Wednesday approved the $50 million sale of Near Intelligence after being told that unsecured creditors' objections to the California-based consumer data gathering platform's Chapter 11 plan had been resolved.

  • February 21, 2024

    3rd Circ. Kicks Data Privacy Suit Against Penn To State Court

    A proposed class action alleging that the University of Pennsylvania violated the state's privacy law must head back to state court, the Third Circuit ruled Wednesday, rejecting arguments that the university health system acted as a federal officer by operating an online patient portal.

  • February 21, 2024

    Calif. AG Settles With DoorDash Over Marketing Data Sale

    DoorDash will pay $375,000 to resolve the California attorney general's claims that the food delivery service violated the state's landmark consumer privacy law by failing to clearly inform users of their ability to opt out of the sale of their personal information to a marketing vendor, the agency announced Wednesday.

  • February 21, 2024

    House Leaders Create Bipartisan AI Task Force

    The House of Representatives is forming a bipartisan task force on artificial intelligence, with leaders in the lower chamber planning to explore ways to maintain America's lead on AI while considering "guardrails" for the technology.

  • February 21, 2024

    Assange Extradition Not Political, US Gov't Says

    Julian Assange faces criminal charges in the U.S. for the "unprecedented" theft of military secrets that were published online rather than for his political views, lawyers for the American government said at his extradition appeal in London on Wednesday.

  • February 21, 2024

    Bradley Arant Adds Ex-Baker Botts Labor, Employment Leader

    Bradley Arant Boult Cummings LLP is deepening its bench in the Lone Star State with the addition of its latest partner in Dallas, the former chair of Baker Botts' labor and employment practice.

  • February 21, 2024

    White House Acts To Shore Up Cybersecurity At US Ports

    The Biden administration on Wednesday moved to boost cybersecurity at U.S. ports, announcing a series of actions that include new proposed rules to establish minimum data security safeguards and an executive order requiring transportation vessels and facilities to report cyber incidents.

  • February 20, 2024

    SEC Zeroes In On SolarWinds Exec In Revised Complaint

    The U.S. Securities and Exchange Commission has doubled down on its case accusing software provider SolarWinds Corp. of failing to warn the public about the cybersecurity vulnerabilities that gave rise to a 2020 hack, providing a New York federal court with more detail about the involvement of the company's chief information security officer in the alleged cover-up.

  • February 20, 2024

    Apple Asks For Discovery Pause During Class Cert. Appeal

    Apple is urging a California federal judge to halt discovery in a sweeping App Store antitrust suit while the company appeals the class certification granted earlier this month.

Expert Analysis

  • SAG-AFTRA Contract Is A Landmark For AI And IP Interplay

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    SAG-AFTRA's recently ratified contract with the Alliance of Motion Picture and Television Producers introduced a framework to safeguard performers' intellectual property rights and set the stage for future discussions on how those rights interact with artificial intelligence — which should put entertainment businesses on alert for compliance, says Evynne Grover at QBE.

  • FTC AI Inquiry Signals Intensified Focus On Emerging Tech

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    The Federal Trade Commission's recent inquiry into investments and partnerships between Big Tech companies and artificial intelligence startups appears to be directed at guiding future enforcement decisions in competition, privacy and consumer protection — and three principles discussed at a related tech summit give insight on the agency's approach, say attorneys at Skadden.

  • Reimagining Law Firm Culture To Break The Cycle Of Burnout

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    While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Amazon's €32M Data Protection Fine Acts As Employer Caveat

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    The recent decision by French data privacy regulator CNIL to fine Amazon for excessive surveillance of its workers opens up a raft of potential employment law, data protection and breach of contract issues, and offers a clear warning that companies need coherent justification for monitoring employees, say Robert Smedley and William Richmond-Coggan at Freeths.

  • Series

    Competing In Dressage Makes Me A Better Lawyer

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    My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.

  • Potential Defendant Strategies Amid Calif. Privacy Questions

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    Although the current case law surrounding the California Consumer Privacy Act is in its infancy, courts have begun addressing important issues related to the notice-and-cure provisions of the statute, and these decisions show defendant-businesses would be wise to assert their notice rights early and repeatedly, say Viola Trebicka and Dan Humphrey at Quinn Emanuel.

  • Legal Issues Loom For Driverless Trucking

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    Companies' recent experiments with driverless trucking technology herald a transformation of the logistics sector — but stakeholders must reckon with increasing regulatory scrutiny, emerging liability issues, and concerns around ethical guidelines, insurance and standardization, say Zal Phiroz at Pier Consulting Group and Nicolas Bezada at Unishippers.

  • The Double-Edged Sword Of Biometrics In Financial Services

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    Financial institutions are increasingly turning to biometrics for identity verification and fraud prevention, and while there are many benefits to such features, banks must remain vigilant against growing AI technologies that could make users' information vulnerable to biometrics hackers, say Elizabeth Roper at Baker McKenzie and Chris Allgrove at Ingenium Biometric Laboratories.

  • How 2 CFPB Advisory Opinions Affect Reporting Agencies

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    The Consumer Financial Protection Bureau issued two advisory opinions last month that demonstrate a continued commitment to address inaccuracies in background check reports and consumer file disclosures through broad interpretation of the Fair Credit Reporting Act, expanding on a coordinated federal agency effort, say attorneys at Cooley.

  • A Close Look At The FCC's Revised SIM Card Fraud Rules

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    Carolyn Mahoney and John Seiver at Davis Wright break down recently proposed revisions to the Federal Communications Commission's customer proprietary network information and local number portability rules for wireless providers, discuss the revisions' implications on artificial intelligence regulation, and provide tips to prevent SIM swap and port-out fraud.

  • What Retailers Should Note In Calif. Web Tracking Suits

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    As retailers face a deluge of class actions alleging the use of conventional web analytic tools violate wiretapping and eavesdropping provisions of the California Invasion of Privacy Act, uncovering the path toward a narrow interpretation of the law will largely depend on how these cases proceed, say Matthew Pearson and Kareem Salem at BakerHostetler.

  • Copyright Lessons Following Ruling In Artist AI Suit

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    The recent California district court ruling in Andersen v. Stability AI — that artists needed to specify how the training of artificial intelligence tools violated their copyrights — shows that lawyers on either side of generative AI matters must carefully navigate copyright issues including temporary copying and data sourcing, says Carlos Araya at Magnolia Abogados.

  • The Legal Industry Needs A Cybersecurity Paradigm Shift

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    As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.

  • 5 Reasons Associates Shouldn't Take A Job Just For Money

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    As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.

  • SEC Registrants Likely Won't Get Cyber Disclosure Delays

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    The U.S. Securities and Exchange Commission's sweeping cybersecurity disclosure final rules, its SolarWinds enforcement action and recent U.S. Department of Justice guidance show the pressure is on registrants to disclose incidents timely and accurately, but the circumstances in which an extension will be granted are extremely rare, say attorneys at Pillsbury.

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