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Cybersecurity & Privacy
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May 02, 2025
Spyware Maker NSO Can't Cite Zuck In WhatsApp Hack Trial
The California federal judge overseeing the damages trial to determine how much Israeli spyware-maker NSO Group owes for hacking 1,400 WhatsApp users' devices on Friday beefed up many jury instructions in Meta Platforms Inc.'s favor, and also barred NSO from invoking Meta CEO Mark Zuckerberg and ex-Meta executive Sheryl Sandberg to defend itself.
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May 02, 2025
Ill. Judge Questions Legal Theory In Multiplan Pricing MDL
An Illinois federal judge handling multidistrict litigation accusing Multiplan of conspiring with insurers to fix out-of-network reimbursement rates seemed unsure Friday that a viable antitrust theory is at play, saying the plaintiffs' alleged market dynamic seems similar to various individuals independently deciding to hire the same "really good painter."
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May 02, 2025
DOGE Takes Social Security Data Access Fight To High Court
The Social Security Administration asked the U.S. Supreme Court on Friday to lift a Maryland federal judge's order that limits the Department of Government Efficiency's access to millions of Americans' data, in the first high court case involving the supposed fraud-busting actions of Elon Musk's group.
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May 02, 2025
Epic Says Google, Samsung Can't Ignore Its Earlier Jury Win
In its litigation claiming that Samsung colluded with Google to dodge a Play Store court order, Epic Games has pressed a California federal court to adopt the jury findings from a similar case it won against Google, arguing that there is "little to be gained from relitigating these issues."
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May 02, 2025
TikTok Chinese Data Transfers Draw €530M Irish Privacy Fine
Ireland's data protection regulator has hit TikTok with a €530 million ($600 million) penalty for allegedly failing to adequately protect EU users' personal data that it transferred to China, the regulator announced Friday.
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May 02, 2025
Ƶ Wins $43M Judgment Against Debt-Relief Provider
An Illinois federal judge has ordered the former owner of a defunct debt-relief provider to pay more than $43 million in restitution and penalties to settle claims that the firm preyed on student loan borrowers.
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May 02, 2025
Apple Beats Suit Over Child Porn In ICloud Accounts, For Now
A California federal judge tossed a proposed class action Thursday claiming Apple engaged in "privacy-washing" by ignoring a problem with child sexual abuse material on its iCloud storage platform, dismissing some claims with prejudice while allowing others to be amended.
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May 02, 2025
This Is Real Life, Site Asking To Ax Grand Theft Auto Suit Says
The developer of the "Grand Theft Auto" video game series cannot decide the rules and consequences for players in real life like it does in virtual environments, a website that sells hacks for video games has told a California federal court, urging it to dismiss copyright and trademark claims from Take-Two Interactive Software Inc.
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May 02, 2025
Musk Can Pursue Most Claims Against OpenAI, Microsoft
Microsoft, OpenAI and several of their affiliates cannot escape the bulk of Elon Musk's lawsuit accusing the companies of swindling him by transitioning the ChatGPT maker into a for-profit enterprise, a California federal judge ruled.
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May 02, 2025
Conn. Burrito Joints Settle Trademark, Cash Raid Suit
Two Connecticut restaurants with similar names, operated by onetime romantic partners, have settled a federal trademark and trade secrets suit accusing the allegedly infringing business of improperly using cash and ideas from the original.
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May 02, 2025
Connecticut Firm Can't Reargue Ruling In Lawsuit Over Scam
Connecticut law firm Mancini Provenzano & Futtner LLC may not reargue an attorney fee and prejudgment interest awarded to a former client who was tricked by a fraudster into wiring $90,586 to an incorrect account due to the firm's lax security, a state superior court judge has ruled.
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May 02, 2025
Reuters Escapes Suit Over NJ Judicial Privacy Law
A federal judge has dismissed a lawsuit alleging Thomson Reuters violated the New Jersey judicial privacy measure Daniel's Law, finding the plaintiffs failed to properly serve the Canadian organization.
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May 02, 2025
23andMe Says 1.3M Customers Have Asked To Delete Data
23andMe executives told a meeting of creditors Friday that more than 1.3 million customers have asked the DNA testing company to cancel their accounts and delete their genetic information since it entered Chapter 11.
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May 02, 2025
Community Groups Accept Pause In CTA Litigation
A group of community associations has told the Fourth Circuit they aren't opposed to a government motion to pause litigation over the Corporate Transparency Act, even as they maintained the information disclosure law aimed at small businesses still carries constitutional flaws.
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May 01, 2025
NY Judge Says He May Nix $110M Mango Markets Fraud Verdict
A Manhattan federal judge on Thursday suggested that he may grant all or part of a crypto trader's motion for acquittal or a new trial over allegations that he defrauded Mango Markets investors out of $110 million by manipulating the price of the exchange's native token, in a ruling that would likely center on issues involving mixed swaps or venue.
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May 01, 2025
2nd Circ. Won't Revive Privacy Suit Over Video Data Sharing
The Second Circuit on Thursday upheld the toss of a proposed class action accusing digital streaming provider Flipps Media Inc. of unlawfully sharing video-viewing information with Meta Platforms Inc., finding that the disclosed data didn't fall within the scope of the federal Video Privacy Protection Act.
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May 01, 2025
DaVita Hit With Class Actions Over Ransomware Attack
DaVita Inc. is facing at least two proposed class actions over a data breach the kidney care provider announced in April, with current and former patients alleging Wednesday in Colorado federal court that data thieves have already engaged in identity theft and fraud while DaVita has yet to offer details.
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May 01, 2025
WhatsApp Trial Judge Bars NSO's 'Outlandish' IP Theft Claim
A California federal judge presiding over a damages trial over how much Israeli spyware-maker NSO Group owes for hacking 1,400 WhatsApp users' devices ruled Thursday NSO's counsel violated multiple pretrial orders, finding corrective instructions are warranted and barring counsel from making the "outlandish" claim Meta Platforms' spyware-attack remediation was trade secret theft.
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May 01, 2025
Truist's $4.1M Robocall Class Settlement Gets Initial OK
A $4.1 million settlement between Truist Financial Corp. and a proposed class of cellphone users who say they got unwanted robocalls from the bank has received a North Carolina federal judge's initial green light.
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May 01, 2025
FinCEN Targets Cambodian Firm As Crypto Money Launderer
The U.S. Department of the Treasury's financial crimes watchdog on Thursday called out Cambodia-based Huione Group as a primary money laundering concern and proposed to "sever its access to the U.S. financial system" due to its alleged laundering of $4 billion worth of crypto scam and other illicit proceeds.
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May 01, 2025
Industry Groups Want FCC Enforcement Rework
Five telecom industry groups asked the Federal Communications Commission on Thursday to revamp its enforcement policies after a recent Fifth Circuit decision wiped out a $57 million consumer data privacy fine against AT&T.
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May 01, 2025
Ƶ, Lenders Float Deal To Vacate Medical Debt Rule
The Consumer Financial Protection Bureau has agreed to a proposed consent judgment that would vacate a Biden-era rule banning an estimated $49 billion in medical debt from credit reports, striking a deal with lender trade groups that sued in Texas federal court to block the rule.
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May 01, 2025
4th Circ. Skips To Full Review Of DOGE's SSA Access
The Fourth Circuit has voted to initially hear as a full court the government's challenge to an order blocking a probe of the Social Security Administration and keep the block in place, with a majority differentiating a similar case it recently left to a three-member panel sans injunction.
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May 01, 2025
Ex-Exec's Claims Against Dechert Still No Good, 2nd Circ. Told
A North Carolina trade executive's latest trip to the Second Circuit in his quest to win damages for alleged hacking by a private investigator on Dechert LLP's behalf should end like the others, with a dismissal, defense counsel argued Thursday.
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May 01, 2025
Raytheon, Nightwing To Pay Feds $8.4M Over Cybersecurity
Four Raytheon and Nightwing-related defense contractors have agreed to collectively pay $8.4 million to resolve a False Claims Act whistleblower lawsuit alleging that Raytheon knowingly failed to adhere to cybersecurity requirements during contracts with the U.S. Department of Defense, the U.S. Department of Justice announced on Thursday.
Expert Analysis
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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.
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10 Issues To Watch In Aerospace And Defense Contracting
This year, in addition to evergreen developments driven by national security priorities, disruptive new technologies and competition with rival powers, federal contractors will see significant disruptions driven by the new administration’s efforts to reduce government spending, regulation and the size of the federal workforce, say attorneys at Thompson Hine.
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Compliance Pointers For DOJ's Sweeping Data Security Rule
A new Justice Department rule broadly restricts many common data transactions with the goal of preventing access by countries of concern, and with an effective date of April 8, U.S. companies must quickly assess practices related to employee, customer and vendor data, says Sam Castic at Hintze Law.
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Class Actions At The Circuit Courts: February Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal appellate court class certification decisions and identifies practice tips from cases involving breach of life insurance contracts, constitutional violations of inmates and more.
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What To Expect From The New FCC Chair
As a vocal critic of the Federal Communications Commission's recent priorities, newly appointed chair Brendan Carr has described a vision for the agency that would bring significant changes to telecommunication regulation and Telephone Consumer Protection Act enforcement in the U.S., say attorneys at BCLP.
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4 Do's And Don'ts For Trial Lawyers Using Generative AI
Trial attorneys who use artificial intelligence tools should review a few key reminders, from the likelihood that prompts are discoverable to the rapid evolution of court rules, to safeguard against embarrassing missteps, says Nate Sabri at Perkins Coie.
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Defense Strategies For Politically Charged Prosecutions
Politically charged prosecutions have captured the headlines in recent years, providing lessons for defense counsel on how to navigate the distinct challenges, and seize the unique opportunities, such cases present, says Kenneth Notter at MoloLamken.
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Series
Competitive Weightlifting Makes Me A Better Lawyer
The parallels between the core principles required for competitive weightlifting and practicing law have helped me to excel in both endeavors, with each holding important lessons about discipline, dedication, drive and failure, says Damien Bielli at VF Law.
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11th Circ. TCPA Ruling Signals Erosion Of Judicial Deference
The U.S. Court of Appeals for the Eleventh Circuit recently came to the rescue of the lead generation industry, striking down new regulations that were set to go into effect on Jan. 27, a decision consistent with federal courts' recent willingness to review administrative decisions, say attorneys at Troutman.
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Inside The Uncertainty Surrounding Ƶ's Overdraft Rule
The Consumer Financial Protection Bureau's overhaul of overdraft fee regulation hangs in limbo as the industry watches to see whether new leadership will repeal the rule, allow it to stay in place, or wait for congressional action or the courts to drive its demise, say attorneys at Alston & Bird.
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Dispelling 10 Myths About Health Provider-Based Compliance
Congress appears intent on requiring hospitals to submit provider-based attestations for all off-campus outpatient hospital locations, so now is the time for hospitals to prepare for this change by understanding common misconceptions about provider-based status and proactively correct noncompliance, say attorneys at McDermott.
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Employer Tips For Wise Use Of Workers' Biometrics And Tech
Excerpt from
Employers that collect employee biometric data and operate bring-your-own-device policies, which respectively offer better corporate security and more flexibility for workers, should prioritize certain best practices to protect the privacy and rights of employees and safeguard sensitive internal information, says Douglas Yang at Sheppard Mullin.