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March 13, 2025 - R+C Newsletter

Data Privacy + Cybersecurity Insider

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CYBERSECURITY

MS-ISAC Loses Funding and Cooperative Agreement with CIS

The Cybersecurity and Infrastructure Security Agency (CISA) confirmed on Tuesday, March 11, 2025, that the Multi-State Information Sharing and Analysis Center (MS-ISAC) will lose its federal funding and cooperative agreement with the Center for Internet Security. MS-ISAC’s mission “is to improve the overall cybersecurity posture of U.S. State, Local, Tribal, and Territorial (SLTT) government organizations through coordination, collaboration, cooperation, and increased communication.” Read More

X Hit with DDoS Attack

According to Security Week, X (formerly Twitter) was hit with a distributed denial-of-service (DDoS) attack that disrupted tens of thousands of X users’ ability to access the platform on March 10, 2025. Read More


ENFORCEMENT + LITIGATION

AppLovin & Its AI: A Lesson in Accuracy

Last week, we explored a recent data breach class action and the litigation risk of such lawsuits. Companies need to be aware of litigation risk not only arising from data breaches, but also from shareholder class actions related to privacy concerns. Read More

Utilities Petition FCC for Updates to TCPA Guidelines to Allow “Demand Response” Calls and Texts

Edison Electric Institute (EEI), an association that represents all U.S. investor-owned electric companies, petitioned the Federal Communications Commission (FCC) to permit calls and texts under the Telephone Consumer Protection Act (TCPA) without prior express consent for “demand response” communications. A prior FCC ruling clarified the FCC’s policies towards the types of calls and texts from utilities that require prior express consent; EEI now urges the FCC to provide additional guidance on allowable “demand response” calls and texts.  Read More

Skin360 App Can’t Escape Scrutiny under Illinois Biometric Law

A federal district court has denied a motion by Johnson & Johnson Consumer Inc. (JJCI) to dismiss a second amended complaint alleging it violated the Illinois Biometric Information Privacy Act (BIPA) by collecting and storing biometric information through its Neutrogena Skin 360 beauty app without consumers’ informed consent or knowledge. The plaintiffs also allege that the biometric information collected through the app is then linked to their names, birthdates, and other personal information. Read More


DATA PRIVACY

California Privacy Protection Agency Begins Investigative Sweep into Location Data Collection under CCPA

The California Privacy Protection Agency (CPPA) the agency responsible for implementing and enforcing the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) (collectively the CCPA), protecting consumer privacy, and ensuring compliance with data privacy regulations, has announced an investigate sweep into companies’ collection of sensitive location data. The CPPA has already sent out inquiries to “advertising networks, mobile app providers, and data brokers that appear to be in violation” of the CCPA. Read More


ARTIFICIAL INTELLIGENCE

What is AI Washing and Why are Companies Getting Sued?

With the proliferation of artificial intelligence (AI) usage over the last two years, companies are developing AI tools at an astonishing rate. When pitching their AI tools, these companies claim that their products can do certain things and promise and exaggerate their capabilities. AI washing “is a marketing tactic companies employ to exaggerate the amount of AI technology they use in their products. The goal of AI washing is to make a company’s offerings seem more advanced than they are and capitalize on the growing interest in AI technology.” Read More

Artists Protest AI Copyright Proposal in the U.K.

British Prime Minister Keir Starmer wants to turn the U.K. into an artificial intelligence (AI) superpower to help grow the British economy by using policies that he describes as “pro-innovation.” One of these policies proposed relaxing copyright protections. Under the proposal, initially unveiled in December 2024, AI companies could freely use copyrighted material to train their models unless the owner of the copyrighted material opted out. Read More


INFORMATION GOVERNACE

Navigating the AI Frontier: Why Information Governance Matters More Than Ever

Artificial Intelligence (AI) is rapidly transforming the legal landscape, offering unprecedented opportunities for efficiency and innovation. However, this powerful technology also introduces new challenges to established information governance (IG) processes. Ignoring these challenges can lead to significant risks, including data breaches, compliance violations, and reputational damage. Read More


PRIVACY TIP #435

Threat Actors Go Retro: Using Snail Mail for Scams

We have educated our readers about phishing, smishing, QRishing, and vishing scams, and now we’re warning you about what we have dubbed “snailing.” Yes, believe it or not, threat actors have gone retro and are using snail mail to try to extort victims. Find out more in this week's Privacy Tip. Read More


RECENT EVENTS AND NEWS

Data Privacy + Cybersecurity Team Receive “Top” Recognitions

Data Privacy + Cybersecurity team lawyers Linn Freedman and Kathryn Rattigan have once again been recognized as “Top Authors” as part of JD Supra’s annual Readers’ Choice Awards.

Linn continues to be the #1 author in the area of cybersecurity, with 2025 being the tenth consecutive year she’s achieved the designation. Linn is chair of the firm’s Data Privacy + Cybersecurity team and editor of the Data Privacy + Cybersecurity Insider blog. Kathryn was also named a “Top Author” in the area of cybersecurity for a fifth consecutive year and is a regular author for the Insider blog. In addition, Robinson+Cole was recognized as a “Top Firm” in the area of cybersecurity for the ninth consecutive year.

Linn and Kathryn’s selection underscores their continued excellence from the over 70,000 professionals whose 2024 published insights and commentary were read by C-Suite executives, in-house counsel, media, and others across various industries highlighted on JD Supra’s platform and who are interested in the defining topics impacting business today.

To read more about the awards, click here.

Jim Merrifield, Kathryn Rattigan, Jennifer Driscoll, and Liz Salsedo to Present on AI, Information and Data Governance, and Compliance at ALM| Law.com’s 2025 LegalWeek

Director of Information Governance + Business Intake Jim Merrifield, Information Governance + Record Management partner Kathryn Rattigan, Antitrust + Trade Regulation team co-chair Jennifer Driscoll, and Director of Knowledge Management and Information Resources Elizabeth Salsedo will present workshops at ALM | Law.com’s LegalWeek from March 24-25, 2025, in New York City.

Jim will present two workshops discussing establishing criteria for artificial intelligence (AI) vendor selection in conjunction with key data governance, privacy, and compliance questions to ensure ethical and secure AI use and key components of a robust data governance framework that supports collaboration across legal, IT, and compliance departments.

Kathryn’s workshop will discuss the benefits of integrating information management, privacy, and compliance into a cohesive team, including improved risk mitigation, enhanced data protection, and streamlined processes. In addition, she will also highlight practical strategies on how to break down silos and foster collaborative workplaces.

Jen’s workshop will provide insight on the core requirements of the EU AI Act and how they impact compliance strategies, techniques for harmonizing compliance efforts across multiple jurisdictions, and practical tools for navigating regulatory challenges and future-proofing data governance frameworks.

Liz’s workshop will offer insight on advanced strategies for transforming knowledge management (KM) from a support function to a strategic revenue generator within law firms, integrating AI and advanced analytics into KM practices to enhance client services and business development, and how to cultivate a KM-driven culture that aligns with firm-wide growth objectives and client needs.

To learn more about ALM | Law.com’s 2025 LegalWeek, click here.