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Assessing the Landscape: One Year into the SEC’s Litigation Against Major U.S. Digital Asset Exchanges
The SEC’s litigation against the largest digital asset exchanges in America has been unfolding for over a year, beginning with the agency suing various Binance entities in June 2023, followed by actions against Coinbase Inc./Coinbase Global Inc. (collectively “Coinbase”), and Payward, Inc./ Payward Ventures, Inc. (collectively “Kraken”) shortly thereafter….By: Polsinelli
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CDK Car Dealership Software Breached, Lawsuits Filed
Last month, multiple car dealerships and auto repair shops filed federal lawsuits against CDK Global LLC, a technology company providing software to the automotive, heavy truck, recreation, and heavy equipment industries, as a result of a data breach that caused its dealership management software systems to be out of commission….By: Robinson+Cole Data Privacy + Security…
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USDA APHIS Invites Stakeholder Comments on Regulation of Modified Microbes
In a recently published Request for Information (RFI), the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) seeks public comment on options to potentially streamline and reduce the regulatory burden for modified microbes consistent with current APHIS regulations at 7 C.F.R. Part 340 covering the movement of organisms modified or produced…
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Proposed Regulations Issued for Outbound Investment Program: Key Takeaways
On June 21, 2024, the US Department of the Treasury issued a Notice of Proposed Rulemaking (“Proposed Rule”) to implement Executive Order 14105 (“EO”) establishing a new Outbound Investment Program (“OIP”) to prohibit or require notification of certain outbound US investments to China (including Hong Kong and Macau) in several technology sectors relevant to military,…
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FCC Releases Draft NPRM Considering Broader Regulation of AI-Generated Robocalls
Chairwoman Rosenworcel announced at the FCC’s July 16 open meeting that the Commission is considering adoption of a Notice of Proposed Rulemaking (“NPRM”) seeking comment on proposals to regulate AI-generated robocalls. The draft NPRM, released this afternoon, is the outgrowth of a November 2023 Notice of Inquiry and follows several recent FCC actions intended to…
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Personal Observations of a Police Officer Deemed Lay Testimony
State v. Rodner, 2024 WL 832307 – The defendant-appellant appealed his conviction for failure to yield the right of way after a trial de novo in the Law Division, arguing that the responding officer provided impermissible expert testimony, among other arguments, for the appeals court’s consideration….By: Marshall Dennehey
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Motion for Summary Judgment Denied on Issue of Proximate Cause
Galloway v. Lux Credit Consultants, LLC, — N.Y.S.3d —-, 2024 WL 820922, 2024 N.Y. Slip Op. 01003 – In an action to recover damages for personal injuries, the plaintiff appealed an order of the Supreme Court, Kings County, which granted the defendants’ motion for summary judgment dismissing the complaint….By: Marshall Dennehey
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California Supreme Court Walks Middle Ground on Warnings Causation but Reaffirms Learned Intermediary Doctrine in Himes
As we reported in April, the United States Court of Appeals for the Ninth Circuit certified a question on California’s Learned Intermediary Doctrine in Himes v. Somatics, LLC, 2022 WL 989469 (9th Cir. Apr. 1, 2022). The California Supreme Court has now decided the issue in a way that walks the middle ground. On the…
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Data Breach at Infosys McCamish Systems Leaks Information of Nassau Life & Annuity Company Customers
On July 18, 2024, Infosys McCamish Systems, LLC (“IMS”) filed a notice of data breach with the Attorney General of Massachusetts after discovering that a recent data breach at IMS resulted in sensitive information belonging to Nassau Life & Annuity Company (“Nassau Life”) customers being compromised. In this notice, Infosys McCamish explains that the incident…
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Loumar Notifies Consumers of Data Breach Affecting Their Social Security Numbers
On July 17, 2024, Loumar Inc. filed a notice of data breach with the Attorney General of Massachusetts after discovering that a cybersecurity incident impacted the security of certain data stored on the company’s computer network. In this notice, Loumar explains that the incident resulted in an unauthorized party being able to access consumers’ sensitive…