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Cybersecurity & Privacy
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March 31, 2025
Conn. Law Firm Hit With Class Action Data Breach Suit
A 26-attorney Connecticut business litigation, intellectual property and employment law firm waited 16 months to notify potentially thousands of current and former clients of an alleged 2023 data breach that may have left sensitive personal information exposed to cybercriminals, a Monday lawsuit alleged
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March 31, 2025
FTC Chair Flags Data Risks In 23andMe Bankruptcy
The Federal Trade Commission has added to the swell of privacy and security concerns surrounding the potential sale of sensitive consumer information swept up in the 23andMe bankruptcy, with the agency's Republican chair on Monday stressing the importance of data continuing to be protected in the way that users have been promised.Â
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March 31, 2025
Trucking Co. Says Insurers Owe Coverage For BIPA Suit
A trucking company's insurers owe coverage for underlying litigation brought by a former employee who said the company violated his biometric privacy rights by using a hand-scanning timekeeping system that stored his protected personal data, the company told an Illinois federal court.
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March 31, 2025
Justices Ask US To Respond To IRS Crypto Doc Seizure Case
The U.S. Supreme Court asked the federal government Monday to weigh in on a cryptocurrency investor's challenge to the IRS' seizure of his account records, a request that followed a spate of support for the investor, including by attorneys general and Elon Musk's X Corp.
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March 31, 2025
Ex-Sen. Sinema Joins Hogan Lovells' Regulatory Group
Former U.S. Sen. Kyrsten Sinema of Arizona, who made headlines by changing her party affiliation from Democrat to independent in 2022, will join Hogan Lovells in Washington, D.C., as a senior adviser in its global regulatory and intellectual property practice groups, the firm announced Monday.
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March 31, 2025
DOJ Seeking Steep Costs To Make Challengers Think Twice
The U.S. Department of Justice is quickly implementing President Donald Trump's plan to seek huge sums of money from litigants whose cases impede his agenda but ultimately prove unsuccessful, court records show.
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March 28, 2025
Calif. Privacy Action Drives Home Need To Look Under Hood
California's privacy agency targeted design features and contracting policies that apply to a wide range of companies in its inaugural enforcement strike under the state's data privacy law, signaling a broad regulatory approach that experts say promises to heat up as the agency continues to mature.Â
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March 28, 2025
Edtech Co. Instructure Faces Parent Suit Over Data Harvesting
Education technology company Instructure, which claims to offer the nation's second most widely used learning management system, faces a suit brought by parents alleging that the company's "massive data-harvesting apparatus" violates the constitutionally guaranteed privacy rights of school-age children.
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March 28, 2025
AI Startup CoreWeave's Tepid Debut Chills IPO Enthusiasm
Artificial intelligence startup CoreWeave Inc.'s skittish debut following a scaled-down initial public offering chills recovery hopes for an IPO market that was already wobbly, though experts say viable candidates are waiting to strike if conditions stabilize.
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March 28, 2025
Google Privacy Fight Raises 'Classic' Trial Issues, Judge Says
A California federal judge Friday doubted consumers' bid to certify a class of Chrome users in a revived lawsuit accusing Google of surreptitiously collecting their data while also observing that the case raises "classic" trial questions and asking how else Americans could "tell corporations what they believe to be offensive?"
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March 28, 2025
Data Security Firm Inks $13M Deal With Imprisoned Ex-CEO
A Connecticut data security firm has reached a $13 million settlement to resolve five lawsuits between the company and its imprisoned former chief executive officer, who is serving a 42-month federal sentence for his role in an eight-year fraud, court records showed Friday.
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March 28, 2025
NC Atty Can't Shield Bank Docs From Tycoon In Hacking Suit
A North Carolina attorney and former FBI agent can't stop aviation tycoon Farhad Azima from parsing through his bank records as part of an international hacking conspiracy case, a federal judge said Friday, though he did limit the scope of the records Azima sought.
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March 28, 2025
Off The Bench: NCAA Wages, Coach Hacking, Tennis Tension
In this week's Off The Bench, the NCAA fires its latest salvo against paying wages to college athletes, the legal fallout from hacking allegations against a former University of Michigan football coach intensifies, and the men's tennis tour fights back against claims of intimidation.
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March 28, 2025
NC Biz Court Bulletin: TikTok Duel Heats Up, NIL Suit Plays On
In March, the North Carolina Business Court readied for trial in an insurance coverage dispute involving Smithfield Foods, heard why TikTok is subject to the state's jurisdiction, and allowed the Cardiac Pack's NIL suit against the NCAA to proceed while a parallel case plays out.
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March 27, 2025
X Says It Doesn't Owe Rivals 'Free Ride' In Data Scraping Row
X Corp. urged a California federal judge on Thursday to dismiss antitrust counterclaims brought by data-scraping firm Bright Data Ltd. alleging the social media giant improperly imposes unfavorable contract terms to block competitors from taking its data, arguing it doesn't have to let rivals "free ride" on its platform.
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March 27, 2025
Video Privacy Law Doesn't Hit Movie Theaters, 9th Circ. Says
The federal Video Privacy Protection Act doesn't cover companies that offer "a classic in-theater moviegoing experience," the Ninth Circuit ruled Thursday in affirming the dismissal of a putative class action accusing Landmark Theatres of violating the law by sharing ticket buyers' information with Facebook.
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March 27, 2025
Commerce Nominee Demurs On Broadband Fund At Hearing
Sen. Ted Cruz's top aide, Arielle Roth, skirted the question Thursday when asked how much each state would receive under the $42.5 billion broadband deployment program during her confirmation hearing to be the next head of the National Telecommunications and Information Administration.
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March 27, 2025
Pulled ÃÛÌÒÊÓÆµ Amicus 'Irrelevant' To Citibank Case, NY AG Says
The Consumer Financial Protection Bureau's move to withdraw a Biden-era brief backing New York Attorney General Letitia James' lawsuit over Citibank NA's handling of online wire fraud is "irrelevant to any matter currently pending before this court," James' office told a federal court Thursday.
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March 27, 2025
Cruz Says DOD Lobbied Against FCC Spectrum Auctions
The U.S. Department of Defense has been asked to turn over documents that U.S. Sen. Ted Cruz, R-Texas, said he believes will show that executive agency officials leaned on defense contractors, so they would lobby to keep the FCC's spectrum auction authority from being reauthorized.
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March 27, 2025
Fintech Group Reups Bid to Defend ÃÛÌÒÊÓÆµ Open Banking Rule
A fintech trade group has renewed its request to defend the Consumer Financial Protection Bureau's open banking rule from a challenge launched by a group of banks after the parties in the suit agreed to pause the suit to give the ÃÛÌÒÊÓÆµ's new leadership time to review what it wants to do with the Biden-era measure.
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March 27, 2025
FCC Ready To Explore Earth-Based Backstop For GPS
The Federal Communications Commission on Thursday started looking into methods of backing up the satellite-based Global Positioning System, which national security experts say is vulnerable to foreign attacks and signal interference in space.
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March 27, 2025
FINRA Improperly Acts As Government Agency, 6th Circ. Told
The owner of a consulting company has urged the Sixth Circuit to overturn a decision by the U.S. Securities and Exchange Commission affirming sanctions imposed by the Financial Industry Regulatory Authority for alleged securities fraud, arguing that FINRA never had jurisdiction over him.
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March 27, 2025
Palo Alto Networks Dodges $100M Cybersecurity Patent Case
A California federal judge has found that Silicon Valley-based Palo Alto Networks Inc. didn't infringe a trio of cybersecurity patents, freeing the company from a lawsuit that had asked for at least $100 million.
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March 27, 2025
Feds Allowed To Weigh In On MultiPlan Pricing MDL
The federal government will be allowed to appear in multidistrict antitrust litigation targeting MultiPlan's out-of-network reimbursement rates to offer input on the legal framework for analyzing claims involving the joint use of algorithms, a practice it says poses "a growing threat" to free market competition.
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March 27, 2025
US Ranked Low At Fighting Real Estate Money Laundering
The U.S. is the third-worst country when it comes to fighting money laundering in real estate because of a lack of regulations, according to a report ranking the national markets of 24 countries.
Expert Analysis
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Deepfakes In Court Proceedings: How To Safeguard Evidence
The legal community can confront the risks that deepfake technology poses to the integrity of court proceedings by embracing the latest detection technologies, developing comprehensive legal frameworks and fostering education and collaboration, say Daniel Garrie and Jennifer Deutsch at Law & Forensics.
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The AI Consumer Class Action Threat Is Not A Hallucination
As regulators scrutinize whether businesses can deliver on claims about their artificial intelligence products and services, the industry faces a wave of consumer fraud class actions — but AI companies can protect themselves by prioritizing fundamental best practices that are often overlooked, say Ronald Levine at Herrick Feinstein and Richard Torrenzano at the Torrenzano Group.
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A Look At The Hefty Demands In Calif. Employer AI Draft Regs
California's draft regulations on artificial intelligence use in employment decisions show that the California Privacy Protection Agency is positioning itself as a de facto AI regulator for the state, which isn't waiting around for federal legislation, says Lily Li at Metaverse Law.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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Video Privacy Law Claims After 2nd Circ. NBA Ruling
The Second Circuit's recent ruling in Salazar v. National Basketball Association expanded the definition of what constitutes a consumer under the Video Privacy Protection Act, breathing new life into the law by making any newsletter subscriber to a platform that hosts video content a potential plaintiff, say attorneys at Clark Hill.
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What To Expect From State AGs As Federal Control Changes
Under the next Trump administration, Democratic attorneys general are poised to strengthen enforcement in certain areas as Republican attorneys general continue their efforts with stronger federal support — resulting in a confusing patchwork of policies that create unintended liabilities for businesses operating in multiple jurisdictions, say attorneys at Morgan Lewis.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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A Look At Similarities Between SOX And SEC's Cyber Rule
Just as the Sarbanes-Oxley Act paved the way for greater transparency and accountability in financial reporting, the SEC's cybersecurity rule is doing much the same for cybersecurity, ensuring that companies are resilient in the face of growing cyber threats, says Padraic O'Reilly at CyberSaint.
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DOD Cybersecurity Rule Will Burden And Benefit Contractors
The U.S. Department of Defense’s cybersecurity certification program, finalized in October, will pose tricky and expensive challenges for contractors, given its many requirements and the scarcity of third-party assessors who can provide certification, but companies may ultimately benefit from a narrower pool of competitors, say attorneys at Miles & Stockbridge.
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US ÃÛÌÒÊÓÆµ-Based Sanctions Could Be Imminent
A recent presidential delegation suggests that regulators may be ready to wield the sanctions authority found in the Protecting American ÃÛÌÒÊÓÆµ Act, which has been unutilized for the first 22 months of its life, say attorneys at Morgan Lewis.
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9 Considerations Around Proposed Connected Vehicle Ban
Stakeholders should consider several aspects of the U.S. Department of Commerce's recent proposal to ban U.S. imports and sales of vehicles incorporating certain connectivity components made in China or Russia, including exempted transactions and vehicle hardware imports, say attorneys at Blank Rome.
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Legislation Most Likely To Pass In Lame Duck Session
As Congress begins its five-week post-election lame duck session, attorneys at Greenberg Traurig break down the legislative priorities and which proposals can be expected to pass.
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Putting NYDFS AI Cybersecurity Guidance Into Practice
New guidance from the New York Department of Financial Services explains how financial institutions should assess and mitigate cybersecurity risks associated with artificial intelligence, focusing on four main threats and highlighting how varying environments require specific mitigation measures, say attorneys at Saul Ewing.
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from
Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.
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Series
Playing Ultimate Makes Us Better Lawyers
In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron.Â