The Federal Trade Commission told the D.C. Circuit on Wednesday that it has the authority to reopen its in-house proceedings in order to revise a $5 billion privacy settlement with Meta Platforms, saying the courts do not have oversight of the agency's administrative order.
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Cybersecurity & Privacy
FRIDAY, JUNE 14, 2024 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

FTC Tells DC Circ. It Can Modify $5B Meta Privacy Deal

By Lauren Berg

The Federal Trade Commission told the D.C. Circuit on Wednesday that it has the authority to reopen its in-house proceedings in order to revise a $5 billion privacy settlement with Meta Platforms, saying the courts do not have oversight of the agency's administrative order.

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Okta, Investors Reach $60M Deal In Cyberattack Coverup Suit

By Katryna Perera

Okta Inc. investors have asked a California federal judge to give the first OK to a $60 million settlement reached in a suit alleging the software company misled the certified class about a 2022 cyberattack.

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School Says Declaration Bares Quinn Emanuel Lies In IP Feud

By Andrew Karpan

Columbia University has told the Federal Circuit that a declaration from a former Norton Lifelock Inc. computer scientist shows that the company's former lawyers at Quinn Emanuel Urquhart & Sullivan LLP are lying about his refusal to testify in the school's decade-long $600 million patent case in Virginia federal court.

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Chopra Rejects Fresh 'Earnings' Attack On CFPB Funding

By Jon Hill

Consumer Financial Protection Bureau Director Rohit Chopra told U.S. senators on Wednesday that an emerging line of attack on his agency's funding doesn't hold water, brushing aside a legal theory that has bubbled up in the aftermath of a recent U.S. Supreme Court defeat for critics of the agency.

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NJ Judicial Privacy Law Hit With Constitutional Challenge

By Jake Maher

Companies accused of violating Daniel's Law hit back in New Jersey federal court this week, calling the judicial data privacy protection measure unconstitutionally vague, harsh and riddled with loopholes, and arguing it is being "cynically" misused by the plaintiff, a data privacy company.

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Miss. Social Media Age Law Faces Free-Speech Challenge

By Nadia Dreid

Mississippi is the latest state to enact a law that requires social media companies to verify the age of all users, but a challenge seeking to block that law from taking effect is already on the docket in federal court with a preliminary injunction hearing slated for this month.

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ENFORCEMENT

4 Charged In $50M Email, Romance Fraud Schemes

By Elliot Weld

Four people were charged by Brooklyn federal prosecutors with participating in a series of fraudulent email and romance fraud schemes that resulted in $50 million in losses to the alleged victims.

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LITIGATION

Ashley Furniture Faces Data Breach Suit Over 2023 Hack

By Gina Kim

Ashley Furniture customers hit the home furnishing retailer with a proposed class action in Texas federal court Monday, accusing the company of negligence over its failure to safeguard their personal information — which was compromised during a cyberattack a year ago — and of waiting months to notify them.

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FTC's Amazon Prime Trial Moved To June 2025 Amid Doc Fight

By Dorothy Atkins

A Washington federal judge agreed Wednesday to push back to June 2025 a high-stakes bench trial over the Federal Trade Commission's claims Amazon.com Inc. tricks consumers into enrolling in its Prime service, delaying the trial by months after the FTC accused Amazon of delaying discovery production.

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Brief

ZoomInfo's $30M Privacy Deal Gets Initial Green Light

By Hailey Konnath

An Illinois federal judge on Wednesday granted preliminary approval to a proposed settlement in which ZoomInfo will shell out roughly $30 million to resolve claims it used people's names and identities, without their consent, to advertise paid access to its full database.

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Brief

Oppenheimer, Cybersecurity Co. Settle $12M SPAC Bill Spat

By Katryna Perera

Oppenheimer & Co. and an Israeli cybersecurity company have reached a settlement to end claims that the company refused to pay $12 million in fees for SPAC merger-related services the investment bank provided, according to a New York federal court filing made Wednesday.

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EXPERT ANALYSIS

Key FCC Enforcement Issues In AT&T Location Data Appeal

AT&T’s decision to challenge a $57 million fine from the Federal Communications Commission for its alleged treatment of customer location information highlights interesting and fundamental issues about the constitutionality of FCC enforcement, say Patrick O’Donnell and Jason Neal at HWG.

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How SEC Could Tackle AI Regulations On Brokers, Advisers

The U.S. Securities and Exchange Commission held an open meeting of its Investor Advisory Committee on June 6 to review the use of artificial intelligence in investment decision making, showing that regulators are being careful not to stifle innovation or implement rules that will quickly be made irrelevant after their passage, says Brian Korn at Manatt Phelps.

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Crafting An Effective Workplace AI Policy After DOL Guidance

Employers should take proactive steps to minimize their liability risk after the U.S. Department of Labor released artificial intelligence guidance principles on May 16, reflecting the reality that companies must begin putting into place policies that will dictate their expectations for how employees will use AI, say David Disler and Courtnie Bolden at ​​​​​​​Porzio Bromberg.

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Litigation Inspiration: Attys Can Be Heroic Like Olympians

Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.

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LEGAL INDUSTRY

Analysis

How 3 Firms Cleared 2 Ex-Autonomy Execs In HP Fraud Case

By Bonnie Eslinger

A California federal jury's rejection last week of fraud charges against the founder and former finance vice president of British software company Autonomy validated an approach by the defendants' three law firms — Steptoe, Clifford Chance and Bird Marella — to form a "seamless" collaboration throughout the trial, from jury selection to closing arguments.

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Alston & Bird Wins Bid To Arbitrate COVID Vax Claims

By Lauren Berg

Alston & Bird LLP can arbitrate a former aide's allegations that she was fired after refusing to get the COVID-19 vaccine, a Georgia federal judge ruled Thursday, putting the litigation on ice pending the outcome of arbitration.

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Abortion Medication Case Ends 'With A Whimper' At High Court

By Theresa Schliep

A case that threatened to cut off access to a widely used abortion medication while disrupting the U.S. Food and Drug Administration's authority over drugs and medical devices ended Thursday at the U.S. Supreme Court with a decision concerned solely with challengers' right to sue.

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Analysis

Justices Hand Abortion Advocates An Incomplete Win

By Dan McKay

The U.S. Supreme Court's rejection Thursday of a challenge to the abortion drug mifepristone will do little to safeguard long-term access to the medication while suggesting that it will be up to voters, not judges, to settle some of the nation's abortion debates, attorneys say.

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Analysis

Thomas Targets Group Standing In Mifepristone Ruling

By Katie Buehler

U.S. Supreme Court Justice Clarence Thomas joined his colleagues Thursday to unanimously uphold broad access to the abortion medication mifepristone for now, but he wrote separately to challenge a standing rule that often serves as the key to the courthouse doors for litigants of all varieties.

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Senate Panel OKs Fix For Federal Courts' 'Genuine Crisis'

By Courtney Bublé

The Senate Judiciary Committee voted out unanimously on Thursday a bipartisan bill to create 66 new and temporary judgeships to alleviate the federal courts' workload.

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Justice Thomas Failed To Disclose More Trips, Dems Say

By Courtney Bublé and Katie Buehler

U.S. Supreme Court Justice Clarence Thomas failed to disclose more private jet trips gifted by billionaire and Republican donor Harlan Crow, according to new information released Thursday by Sen. Dick Durbin, D-Ill., chair of the Senate Judiciary Committee.

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Rakoff Says Criminal Justice Act Attys Should Work Weekends

By Pete Brush

Indigent defendants requiring free criminal legal advice should have access to conflict-free counsel even over the weekends, U.S. District Judge Jed S. Rakoff in Manhattan said in a blistering Thursday opinion, citing a suboptimal sequence of events in a high-profile drug case.

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Contentious Del. Corporate Law Changes Sail Through Senate

By Jeff Montgomery

After triggering rare public dissent, a multipart Delaware General Corporation Law amendment that would let boards cede some governance rights to big stockholders whisked through the state's Senate on Thursday without debate or an opposing vote, with a House vote expected as early as next week.

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Southern Poverty Law Center Lays Off A Quarter Of Its Staff

By Matt Perez

The Southern Poverty Law Center reduced its staff by a quarter Wednesday, including letting go the entirety of its Immigrant Justice team, according to statements shared by the nonprofit's union on the social platform X, with the SPLC in an email Thursday calling the layoffs part of an "organizational restructuring."

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Rutgers Fights Law School Vice Dean Subpoena In Bias Suit

By Jake Maher

Rutgers University argued in New Jersey state court this week that an attempt from a Jewish law student to subpoena the law school's vice dean for documents is really a means to "harass" the university because the student has already subpoenaed Rutgers for the same information.

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Colo. Judge's Voir Dire Tip: Jurors Dislike Judgmental Attys

By Thy Vo

The District of Colorado's chief judge urged attorneys to tread carefully while playing jurors off one another during voir dire, telling lawyers at a presentation Thursday that referencing another juror's response can come off as judgmental.

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IP Forecast: Cooley Atty Faces DQ Bid Over Past Patent Work

By Andrew Karpan

A prominent Cooley LLP lawyer will face questions next week in a Philadelphia courtroom over her work a decade ago at her former firm defending a cloud software startup that is now suing a Cooley client. Here's a spotlight on that case — plus all the other major intellectual property matters on deck in the coming week.

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LAW FIRMS IN TODAY'S NEWS

Adamski Moroski

Alston & Bird

Archer & Greiner

Baker Donelson

Ballard Spahr

Berke Farah

Bird Marella

Blank Rome

Boies Schiller

Buchanan Ingersoll

Bursor & Fisher

Carlton Fields

Clark Hill

Clement & Murphy

Clifford Chance

Constangy Brooks

Cooley LLP

Covington & Burling

Davis Polk

Davis Wright Tremaine LLP

Dentons

Doar Rieck

Edelson PC

Faegre Drinker

Finnegan

FisherBroyles

Gibbons PC

Gibson Dunn

Gordon Rees

Green LLP

Greenberg Traurig

Greenspoon Marder

HWG LLP

Harrison Law

Hilgers Graben

Hogan Lovells

Hudson Cook

Hueston Hennigan

Javerbaum Wurgaft

Kazerouni Law Group

Keker Van Nest & Peters

Kelley Drye

King & Spalding

Kirkland & Ellis

Labaton Keller

Latham & Watkins

Law Office of Rajeh A. Saadeh

Lewis Brisbois

Lowenstein Sandler

Manatt Phelps

Mazie Slater

McCarter & English

McElroy Deutsch

Montgomery McCracken

Morgan & Morgan

Morris Nichols

Morvillo Abramowitz

Nelson Robinson & El Ashmawy

Orrick Herrington

Parker Poe

Pierson Ferdinand LLP

Porzio Bromberg

Quinn Emanuel

RKW LLC

Recht Kornfeld

Riker Danzig

Saul Ewing

Seyfarth Shaw

Sills Cummis

Spiro Harrison

Starr Gern

Steptoe LLP

Stinson LLP

Stoel Rives

Sullivan & Cromwell

Thompson Hine

Tressler LLP

Troutman Pepper

Vedder Price

WilmerHale

Womble Bond

COMPANIES IN TODAY'S NEWS

AT&T Inc.

Activision Blizzard Inc.

Alliance Defending Freedom

Amazon.com Inc.

American Civil Liberties Union

AstraZeneca PLC

Blackbaud Inc.

Brennan Center for Justice

CTIA

Chevron Corp.

Delaware State Bar Association

Deloitte Touche Tohmatsu Ltd.

Drexel University

Equifax Inc.

Federalist Society

Google LLC

Instagram Inc.

LifeLock Inc.

LinkedIn Corp.

Meta Platforms Inc.

Microsoft Corp.

Moelis & Co.

National Association for the Advancement of Colored People

New York University

Novo Nordisk A S

Okta Inc.

Oppenheimer Holdings Inc.

Paypal Holdings Inc.

Pew Research Center

Pfizer Inc.

RELX PLC

Refugee & Immigrant Center for Education & Legal Services

Southern Poverty Law Center Inc.

Spectrum Management Holding Co.

Straight Path Communications Inc.

T-Mobile US Inc.

Temple University

The Center for Reproductive Rights Inc.

TikTok Inc.

Total Quality Logistics Inc.

Twitter Inc.

University of California Davis

Veeva Systems Inc.

ZoomInfo Technologies Inc.

GOVERNMENT AGENCIES IN TODAY'S NEWS

City of New York

Commodity Futures Trading Commission

Consumer Financial Protection Bureau

Defense Advanced Research Projects Agency

Delaware Court of Chancery

Federal Communications Commission

Federal Reserve System

Federal Trade Commission

Food and Drug Administration

Judicial Conference of the United States

New York State Assembly

North Carolina Department of State Treasurer

U.S. Attorney's Office for the District of Colorado

U.S. Attorney's Office for the Eastern District of New York

U.S. Attorney's Office for the Northern District of California

U.S. Attorney's Office for the Southern District of New York

U.S. Court of Appeals for the District of Columbia Circuit

U.S. Court of Appeals for the Federal Circuit

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Department of Health and Human Services

U.S. Department of Justice

U.S. Department of Labor

U.S. District Court for the District of Delaware

U.S. District Court for the District of New Jersey

U.S. District Court for the Eastern District of New York

U.S. District Court for the Northern District of California

U.S. District Court for the Northern District of Georgia

U.S. District Court for the Northern District of Illinois

U.S. District Court for the Southern District of New York

U.S. District Court for the Western District of Washington

U.S. Government Accountability Office

U.S. Securities and Exchange Commission

U.S. Supreme Court

United States District Court for the Southern District of Ohio