Preparing for Proliferating Privacy Laws: The Morning Minute
Want to get this daily news briefing by email? Here's the sign-up. WHAT WE'RE WATCHING GUT CHECK - As any law firm's internal memo on office…
February 18, 2022 at 06:00 AM
5 minute read
Law Firm Hiring
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WHAT WE'RE WATCHING
GUT CHECK - As any law firm's internal memo on office returns will remind you, the legal industry is built on relationships. Cliché as that sentiment might be, however, it also happens to be quite true. Still, when it comes to lateral hiring, too much emphasis on human connection can result in some serious human error. As we explore in the latest edition of Law.com's Trendspotter column, law firms should strike an appropriate balance between making talent decisions based on gut instinct versus hard data. Because while data analytics is often viewed as depersonalizing the hiring process, it can—when done right—actually help deepen connections between lawyers and their law firms. I'm interested to hear from you: Do you employ a data-informed approach to your lateral hiring? If so, how do you reconcile it with the more traditional method of assessing potential recruits? Let me know at [email protected].
INVASION OF PRIVACY - While we're discussing data, now would probably be a good time to tell you that you're way underprepared for data privacy compliance. As Law.com's Zach Warren writes in this week's Law.com Barometer newsletter, the discussion about privacy law typically begins and ends with two regulations: the EU's General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA). "But it shouldn't, not by a longshot," Warren writes. "In fact, data privacy is poised to become an even bigger deal across the board, even to organizations that have determined the GDPR or CCPA doesn't apply to them." More than 30 states (including New York) are currently considering consumer privacy bills, most of which vary in what rights and obligations apply. Recently passed global privacy laws like China's Personal Information Protection Law are also bringing a whole host of international users into play. And more specific privacy laws targeting biometrics, modeled after Illinois' Biometric Information Privacy Act, have been introduced. Meanwhile, though the U.S. government may not have a global privacy law, agencies from the FCC to the SEC have promised to pay closer attention to privacy concerns. To receive the Law.com Barometer directly to your inbox each week, click here.
WHO GOT THE WORK?℠ - Rudy Hill of Bradley Arant Boult Cummings has entered an appearance for Coachcomm in a pending lawsuit. The suit, filed Jan. 5 in Pennsylvania Western District Court by Marcus & Shapira on behalf of Westcom Wireless Inc., contends that Coachcomm, a football headset communications provider, falsely advertises its "Cobalt Plus" headset system as being the only system available on the market with advanced features. The case, assigned to U.S. District Judge Mark R. Hornak, is 2:22-cv-00037, Westcom Wireless, Inc. v. Coachcomm, LLC. Read the complaint on Law.com Radar and check out the most recent edition of Law.com's Who Got the Work?℠ column to find out which law firms and lawyers are being brought in to handle key cases and close major deals for their clients.
HOME INEQUITY - Wells Fargo was hit with a race discrimination class action Thursday in California Northern District Court. The suit, filed by Stowell & Friedman and Sani Law on behalf of African American home loan applicants, accuses the bank of discriminatory residential mortgage policies and practices. The suit claims that Wells Fargo intentionally uses factors in evaluating home loan rates that have a disparate impact on Black borrowers. Counsel have not yet appeared for the defendant. The case is 3:22-cv-00990, Williams v. Wells Fargo Bank NA et al. Stay up on the latest deals and litigation with the new Law.com Radar.
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EDITOR'S PICKS
5th Circuit Is on Fire, Judge Says, as Panel Fractures Over Vaccine Mandate By Avalon Zoppo Brooklyn Law Starts Scholarship to Honor First Black Student Editor-in-Chief of School's Law Review By Christine Charnosky Appellate Court Reinstates $50M Punitive Damages Award in Case Over Black-Market Body Parts By Allison Dunn Two Talent Tensions To Tackle In 2022 By Dan Packel In Novel Case, State High Court Says Judicial Misconduct Can Bar Retrial Under Double Jeopardy By Allison Dunn|
WHILE YOU WERE SLEEPING
STRATEGICALLY DISPLACED? - Norton Rose Fulbright has laid out plans to "pivot to China," and as part of those plans, the firm has directed its Hong Kong office to only hire candidates who can speak Mandarin and to focus its Hong Kong business on work for mainland Chinese companies and banks, Law.com International's Jessica Seah reports. "It's like a kick in the teeth," said one Norton Rose Fulbright Hong Kong partner. "It's almost like being anti-colonialist, saying we're going to kick out all the ex-pats." News of the "pivot" was first reported earlier this week by the Financial Times but according to a Norton Rose Fulbright spokesperson, the firm has never issued a directive to hire only Mandarin speakers. In a statement, the firm said, "As one of the oldest international law firms in Hong Kong, we have long [recognized] that our diverse client base in the region requires a blend of both international and local expertise across multiple practice areas, including corporate, banking and disputes. To ensure we meet the evolving needs of both our international and local clients who operate in the region, we have been developing our capabilities in the Greater China market for many years and building a diverse team to service our clients in the future."
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WHAT YOU SAID
"It's like Costco samples—everybody loves the samples and if it's a good sample you're probably coming home with a huge box of it."
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Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
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