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Cybersecurity & Privacy
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June 11, 2025
Conn. Orthopedic Practice Faces Data Breach Class Claims
A March 2 data breach at a Connecticut orthopedic practice exposed the personal information and health data of an unknown number of patients to online hackers, a patient alleged in a proposed class action.
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June 11, 2025
Union Pacific Can Appeal BIPA Retroactivity At 7th Circ.
An Illinois federal judge on Tuesday allowed Union Pacific to pursue an early appeal of her finding that a recent amendment to Illinois' biometric privacy law limiting companies' exposure does not apply retroactively, recognizing the "novelty and complexity of the legal issue" and allowing the Seventh Circuit the opportunity to weigh in.
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June 10, 2025
9th Circ. Weighs Bids To Revive 3 Website Wiretapping Suits
A Ninth Circuit panel Tuesday appeared skeptical of a trio of consumers' bids to resurrect separate proposed class actions accusing Papa John's, Converse and Bloomingdale's of unlawfully tracking website visitors, questioning whether the plaintiffs' claims fit within the scope of California's wiretapping and eavesdropping protections.
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June 10, 2025
States Sue To Block 23andMe From Selling DNA Data In Ch. 11
A bipartisan coalition of 28 attorneys general has sued 23andMe Inc. in Missouri bankruptcy court seeking to block the genetic-testing company from auctioning off its 15 million customers' personal genetic information without their explicit consent in its ongoing Chapter 11 proceeding.
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June 10, 2025
9th Circ. Says Legal Co.'s $1.7M Chase Check Suit Is Too Late
The Ninth Circuit affirmed a California federal court's ruling dismissing a suit by legal support company Nationwide Legal against JPMorgan Chase, saying its suit claiming Chase Bank acted negligently when it allowed a Nationwide Legal employee to deposit fraudulent checks was time-barred.
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June 10, 2025
IT Co. Urges 1st Circ. To Affirm It's Blameless For Data Breach
An information security technology company urged the First Circuit on Tuesday to affirm that it isn't liable for a 2018 data breach that exposed confidential information of more than 277,000 of the medical device maker's patients, arguing that the insurer assignee of the device maker had no valid points.
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June 10, 2025
Florida Man Avoids Prison Over Ashley Biden's Stolen Diary
A Florida resident who admitted that he and an associate sold the stolen diary of former President Joe Biden's daughter to right-wing activist group Project Veritas was spared any time in prison, as a Manhattan federal judge on Tuesday determined that his cooperation with prosecutors weighed heavily in his favor.
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June 10, 2025
Health Records Co. Looks To Toss Patient Data Access Case
PointClickCare is urging a Maryland federal court to toss a case seeking to force the medical records company to allow Real Time Medical Systems to access patient data with automated bots after the Fourth Circuit refused to lift an order requiring access while the case plays out.
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June 10, 2025
House 23andMe Hearing Raises National Security Concerns
Lawmakers pressed current and former 23andMe executives during a House Oversight Committee hearing Tuesday over national security and consumer privacy in connection with a planned Chapter 11 sale of 15 million customers' DNA profiles.
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June 10, 2025
Deere & Co. Must Face FTC Suit Over Repair Restrictions
An Illinois federal judge compared John Deere's second attempt at beating a right-to-repair suit to Steve Martin's Pink Panther II reboot, calling it "predictable" and "derivative" as he again rejected the farm equipment giant's motion for judgment on the pleadings and allowed the Federal Trade Commission's case against it to proceed.
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June 10, 2025
Stability AI, Others Fear Artists' Expert Might Use Their Info
Stability AI and other artificial intelligence art platforms urged a California federal magistrate judge Tuesday to block an artists' expert in a proposed copyright infringement class action from having access to their confidential information, their lawyer arguing the professor is a "functional competitor" who created software to "sabotage" his clients' products.
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June 10, 2025
Apple Faces Class Cert. Bid Over AirTag Stalking Risks
Victims stalked by abusers of Apple's AirTag asked a California federal judge to certify their proposed class action, arguing their negligence and product liability claims can be adjudicated in one fell-swoop since they rest on the same question of whether the tag's design unreasonably put them at risk of harm.
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June 10, 2025
SEC To Resume Review Of Swiss Adviser Registrations
Switzerland-based investment advisers seeking to do business in the U.S. can immediately resume submitting new and pending registration applications for consideration with the U.S. Securities and Exchange Commission, regulators said Tuesday.
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June 10, 2025
Insurer Exposed Drivers' Personal Information, Court Told
An auto-population feature of tech-forward insurer Lemonade's online quote platform negligently disclosed about 190,000 drivers' license numbers to cybercriminals over 17 months, and the website still hasn't been fixed, according to a proposed class action in New York federal court.
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June 09, 2025
2nd Circ. Affirms Dechert's Victory Over Hacking Suit
The Second Circuit on Monday refused to revive a North Carolina trade executive's lawsuit alleging hacking by a private investigator on Dechert LLP's behalf, ruling in a nonprecedential opinion that a district judge's failure to review disputed portions of a magistrate judge's recommendation to dismiss the suit was ultimately harmless.
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June 09, 2025
Bedoya Exits FTC, But Keeps Up Legal Fight Against Trump
Alvaro M. Bedoya, one of two Democratic Federal Trade Commission members fired by President Donald Trump, gave notice Monday of his formal resignation in order to pursue other work, but emphasized that he is not dropping his lawsuit against the president.
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June 09, 2025
Squires Dodges Trump Questions, Emphasizes AI For Backlog
The Trump administration's nominee for U.S. Patent and Trademark Office director avoided answering whether Joe Biden won the 2020 election, how to describe defendants in the Jan. 6, 2021, attack on the U.S. Capitol and whether he would follow an illegal directive from the president, along with addressing concerns about USPTO resources and artificial intelligence in post-hearing responses to senators.
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June 09, 2025
Blake Lively, NYT Defeat 'It Ends With Us' Defamation Claims
A New York federal judge on Monday threw out Justin Baldoni's defamation claims against his "It Ends With Us" costar Blake Lively, her husband Ryan Reynolds and The New York Times, among others, ruling that Baldoni hasn't plausibly alleged any statements were made or reported maliciously.
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June 09, 2025
Unions Win Injunction In OPM, DOGE Privacy Suit
A New York federal judge on Monday granted a preliminary injunction bid against the U.S. Office of Personnel Management in a lawsuit accusing it of unlawfully disclosing employees' personal information to the Department of Government Efficiency, saying OPM granted broad access to the information despite there being no "credible need."
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June 09, 2025
Trump Executive Order Revamps US Cybersecurity Policy
President Donald Trump has moved to "reprioritize" the nation's cybersecurity efforts by issuing an executive order scrapping the provisions of prior directives issued by the past two Democratic administrations while focusing on measures such as mandating more secure software development and the latest encryption protocols.
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June 09, 2025
Trading Platform Faces Class Action Over Unsolicited Texts
Algo Exchange, a company offering automated trading algorithms that predict the futures market, was hit with a proposed class action in Georgia federal court on Monday over its alleged violations of the Telephone Consumer Protection Act.
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June 09, 2025
Ƶ Will Move Ahead With Rest Of Calif. Debt Relief Suit
The Consumer Financial Protection Bureau told a California federal court on Monday that its new Trump-appointed leadership has decided to proceed with a debt relief services enforcement lawsuit that was paused after control of the agency changed hands in February.
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June 09, 2025
Fed. Circ. Weighs AI Co.'s Standing In Fight With Intel Agency
Federal Circuit judges grappled Monday with how to define exactly who could challenge the administration of federal contracts, in an en banc hearing of Percipient.ai's suit accusing the National Geospatial-Intelligence Agency of bypassing certain requirements in a 2021 contract with CACI.
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June 09, 2025
Bitcoin Platform Parataxis Eyes Public Listing Via SPAC Deal
Bitcoin-focused investment startup Parataxis Holdings LLC plans to go public through a merger with special purpose acquisition company SilverBox Corp IV, both parties announced Monday, marking the latest crypto-related foray into public markets.
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June 09, 2025
Speaker Johnson Defends AI Moratorium In Reconciliation Bill
House Speaker Mike Johnson, R-La., gave a full-throated defense on Monday of the AI moratorium included in the House's version of the budget reconciliation bill, which has drawn bipartisan criticism.
Expert Analysis
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6th Circ. Ruling Paves Path Out Of Loper Bright 'Twilight Zone'
The U.S. Supreme Court’s Loper Bright ruling created a twilight zone between express statutory delegations that trigger agency deference and implicit ones that do not, but the Sixth Circuit’s recent ruling in Moctezuma-Reyes v. Garland crafted a two-part test for resolving cases within this gray area, say attorneys at Wiley.
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Cos. Should Prepare For Mexican Payments Surveillance Tool
The recent designation of six Mexican cartels as "specially designated global terrorists" will allow the Treasury Department to scrutinize nearly any Mexico-related payment through its Terrorist Finance Tracking Program — a rigorous evaluation for which even sophisticated sanctions compliance programs are not prepared, says Jeremy Paner at Hughes Hubbard.
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Implications Of Kid Privacy Rule Revamp For Parents, Cos.
The Federal Trade Commission's recent amendments to the Children's Online Privacy Protection Act will expand protections for children online, meaning parents will have greater control over their children's data and tech companies must potentially change their current privacy practices — or risk noncompliance, say attorneys at Labaton Keller.
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Is AI Distillation By DeepSeek IP Theft?
A brewing controversy over whether Chinese artificial intelligence company DeepSeek's distillation of outputs from OpenAI's ChatGPT violates copyright law raises questions about the legality and ethics of such practices, and will set important precedents for the future of AI development and intellectual property law, say attorneys at Winston & Strawn.
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New Fla. Financial Abuse Law May See Limited Buy-In
Florida's newly effective financial protection law comes with compliance burdens and uncertainties that could discourage financial institutions from participating, even though the law aims to shield them from liability for delaying transactions when they suspect exploitation of elderly and vulnerable account holders, say attorneys at Shutts & Bowen.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.
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Justices' TikTok Ruling May Pose Threat To Online Expression
The U.S. Supreme Court's recent landmark ruling upholding a federal law mandating TikTok's forced divestiture in the name of data security may embolden digital censorship agendas worldwide, says IP lawyer Bahram Jafari.
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Series
Racing Corvettes Makes Me A Better Lawyer
The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.
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Opinion
Attorneys Must Act Now To Protect Judicial Independence
Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.
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Rethinking 'No Comment' For Clients Facing Public Crises
“No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.
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A Closer Look At FDX's New Role As Banking Standard-Setter
Should the new Consumer Financial Protection Bureau let stand the decision empowering Financial Data Exchange as an industry standard-setter, it will be a significant step toward broader financial data-sharing, but its success will depend on industry adoption, regulatory oversight and consumer confidence, say attorneys at Clark Hill.
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How Design Thinking Can Help Lawyers Find Purpose In Work
Lawyers everywhere are feeling overwhelmed amid mass government layoffs, increasing political instability and a justice system stretched to its limits — but a design-thinking framework can help attorneys navigate this uncertainty and find meaning in their work, say law professors at the University of Michigan.