Eric Kay

*Attorney Advertising: Prior results do not guarantee future outcomes Although #cybersecurity lawsuits involve legal issues familiar to many seasoned business litigators, successful advocacy requires an interdisciplinary approach. U.S. District Judge Kari A. Dooley’s recent decision on defendants’ motion to dismiss in 𝐽𝑜𝑛𝑒𝑠 𝑣. 𝑆𝑡𝑢𝑟𝑚, No. 3:22-cv-1233 (KAD) (D. Conn. Mar. 27, 2024), highlights the challenges and complexities of cyber litigation. 𝐽𝑜𝑛𝑒𝑠 involves a putative class action arising from a criminal data incident involving e-commerce sites that allegedly resulted in the compromise of personal identifying information (PII). Like many cybersecurity lawsuits, the case alleges criminal activity and involves forensic investigation, constitutional issues of Article III standing, privacy concerns, and traditional common law notions of negligence, unjust enrichment, and breach of contract. Judge Dooley determined the plaintiffs adequately alleged Article III standing to sue but ultimately failed to sufficiently demonstrate causes of action for negligence or unjust enrichment. Christine Bacon, Esq. is an experienced business litigator handling complex issues for sophisticated clients in federal and state court. She has a master's degree in interdisciplinary studies. The Beckage Firm: Tech, Data Security & Privacy Law Firm's attorneys have decades of experience not only in complex business litigation, but also in criminal law, Article III standing issues, and class actions. Combined with the firms’ in-house technologists, our team delivers holistic approaches essential for today’s cyber litigation. #TheBeckageFirm #CyberLaw #CyberLitigation #BusinessLitigation

16

#TeamSPB takes stock of US state consumer privacy laws, with Florida, Texas, and Oregon on deck for July 1. Available for clients are quick reference charts that compare applicability, rights and obligations for each of the (currently) 18 state laws. DM me or your usual SPB contact if you are interested to receive a copy. #privacy #usa #law #consumer #data

6

Details regarding the recent opening of the Fort Carroll Temporary Alternate Channel, the third alternate channel, this one with a 20 foot depth. Theoretically, the next anticipated channel is the interim one in a portion of the main channel with a 35 foot depth. https://lnkd.in/eMgjSqSE

13

5 Comments

Because we believe that sharing our experiences makes all of us safer, my Data Security & Technology Co-Chair Renato Smith and I spoke with Buffalo Business First about our own firm’s experience. Check out this story and let me know what you think!

3

1 Comment

The USPTO recently issued guidance that clarifies how their existing rules apply to practitioners' use of AI when interacting with the agency. Jones Day's Alert provides a summary of the existing rules and new guidance. https://ow.ly/xOw450Rks7C #artificialintelligence #AI #intellectualproperty

3

The USPTO recently issued guidance that clarifies how their existing rules apply to practitioners' use of AI when interacting with the agency. Jones Day's Alert provides a summary of the existing rules and new guidance. https://ow.ly/JnNS50RkNm9 #artificialintelligence #AI #intellectualproperty

6

Thank you AccelPro IP Law and Neal Ungerleider for hosting this podcast that touches on problems inherent in the USPTO's DOCX filing system and other topics. DOCX can create technical errors in a patent application's filing papers which can only be fixed via the USPTO's petition process. For insights into how the USPTO is handling these sorts of petitions, see: https://lnkd.in/gfQkE4bg And about Petition.ai: JB: By searching PetitionAI's database of over 2 million documents, I've been able to research and to write petitions to help improve the USPTO's decision making process. We believe that the database will be able to help practitioners easily and quickly craft a petition that will be more likely to be granted, potentially avoiding the need to request reconsideration. In addition, you can find examples of drafted petitions and identify the deciding official, who can then be a helpful person to talk to, a point person, and figure out exactly how long that petition might be expected to take to decide. This can help clients understand a petition's likelihood of success. Patent litigators can also use the database to find procedural petitions that can help support arguments to invalidate or to defend patents on procedural grounds. Petition.ai, #USPTO, #OIG, #GAO, #OMB, #Congress

5

2 Comments

Our recent #tradesecret blog post

18

1 Comment

The uses for biometric information are fascinating, but the consequences are frightening, as is a powerful tool for plaintiffs’ class-action counsel, presenting astronomical risk and driving huge settlements. In this piece, authors Gillian Lindsay, Ian Fisher & Stephanie Addison (Taft Stettinius & Hollister LLP) look at the dangers of poorly managing biometric data for companies, and why an ounce of prevention can be worth a pound of cure... #techREG #regulation #privacy #dataprotection #consumers #settlement #biometricdata

3

Which machine learning and AI tools are actually helpful for attorneys, and which ones are unsafe? CAT CASEY of Reveal Brainspace debunks the myths and shares her top e-discovery tricks on Legal Toolkit with Jared Correia: https://lnkd.in/g7kfRC3a 💙 Supported by CosmoLex - Web-Based Legal Practice Management Software

1

I am very intrigued by the technology of SuperLegal aiming to replace lawyers or legal talent with SAAS services...Naturally, this technology raises many questions to include -- liability to malpractice, state law compliance and the need of actual lawyers to monitor the performance of the software...we shall follow tup o see where this AI tidbit takes us....

1

More on the American Privacy Rights Act - by not including specific provisions about data brokers, the Act doesn't address one of the real concerns of the public - the sale of personal information. It's true that many companies share or sell the personal information they collect, especially when you apply the definitions in the California Consumer Privacy Act and other state privacy laws. But that doesn't really compare to data brokers, whose business model is based on collecting personal information, often without an individual's knowledge, and selling it. A great article at https://lnkd.in/gaGrSVgQ about the issue. #dataprivacy #databrokers #infosecurity #C #A

4

The use of videotaped deposition testimony at trial has been commonplace now for decades and is the bread and butter of many serial tort cases, as permitted by the Federal Rules (FRCP 32(a), FRE 804). However, courts typically allow plaintiffs to use depositions from other cases against defendants, but not vice versa, due to the nuanced language of FRE 804(b)(1). Despite these challenges, corporate defendants can explore FRE 806. While historically used in criminal cases, FRE 806 can be a powerful tool in civil litigation to challenge the credibility of testimony admitted under hearsay exceptions, such as learned treatises (FRE 803(18)). Practitioners should leverage FRE 806 to ensure fairness and robust cross-examination in serial litigation. Read more from partner John Kalas and associate Michael Moran: https://bit.ly/3UX88mh

22