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Cybersecurity & Privacy
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April 21, 2025
En Banc 9th Circ. Revives Shopify Data Privacy Fight
A split Ninth Circuit en banc panel Monday revived a proposed class action alleging Shopify violates privacy rights by embedding payment-processing code on merchant websites that surreptitiously tracks consumers' location and collects personal data, with a nearly unanimous majority finding the location-tracking allegations establish specific jurisdiction in the Golden State.
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April 21, 2025
Consumer Groups Say FCC Should Limit Power Co. Calls
Power companies can't call customers about demand management plans just because those customers provided their phone numbers when they signed up for electric service, a coalition of consumer groups told the Federal Communications Commission.
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April 21, 2025
$650K Settlement Reached In Onboarding Data Breach Suit
A $650,000 settlement has been reached in a class action accusing a company that helps clients complete required Form 1-9 documents of failing to properly safeguard the personally identifiable information of hundreds of thousands in a February 2024 data breach.
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April 21, 2025
FCC Commish Names GOP Strategist New Chief Of Staff
A Republican on the Federal Communications Commission has named a New York GOP strategist and media consultant as his new chief of staff and senior adviser.
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April 21, 2025
ÃÛÌÒÊÓÆµ Says Experian Can't Escape Suit Over Credit Reporting
The Consumer Financial Protection Bureau has asked a California federal judge to keep alive its lawsuit accusing Experian of mishandling consumer credit reporting disputes, arguing that the credit reporting agency "grossly mischaracterizes the complaint's allegations."
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April 21, 2025
Courts Equipped For Frivolous 'Quiet Hour' Suits, FCC Told
Courts can handle a flood of lawsuits claiming that plaintiffs received unwanted late-night phone calls without the Federal Communications Commission stepping in to decide if they're frivolous, consumer groups told the agency.
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April 21, 2025
Hertz Failed To Protect Customers' Data In Hack, Suits Say
Hertz and its cloud-based data management host have been hit with proposed class privacy suits claiming the Florida-based car rental giant negligently failed to follow even the most basic information security practices to help protect customers' personal information from a ransomware attack.
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April 21, 2025
OIG Flags Sensitive Info Found On GSA Shared Google Drive
A federal watchdog told the U.S. General Services Administration that it found documents containing sensitive information openly available to all users of the agency's shared Google Drive in an alert issued Friday.
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April 21, 2025
US Asks 4th Circ. To Pause Review Of Corp. Transparency Act
The U.S. government urged the Fourth Circuit to pause a challenge brought by community associations against an information disclosure law aimed at small businesses, arguing that the U.S. Treasury Department's newly narrowed rules could moot the claims.
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April 21, 2025
Unions Demand Halt To DOGE's Info Access At DOL, HHS
A D.C. federal judge must block Elon Musk's Department of Government Efficiency from accessing sensitive systems in the U.S. Department of Labor and Department of Health and Human Services, unions argued in a preliminary injunction bid, saying the government's search for "waste, fraud and abuse" doesn't warrant access.
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April 21, 2025
Dental Practices Say Ex-Contractor Holding Websites Hostage
A group of pediatric dental practices in North Carolina have accused their longtime business consultant of "hijacking" several website domains after they canceled his contract, saying he's trying to use the domains as leverage in unrelated negotiations.
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April 21, 2025
Litigation Funder Accused Of Not Protecting User Data
Florida-based national litigation funder US Claims Capital LLC failed to protect the personal data of users ahead of a January data breach, according to a proposed class action filed in federal court in Palm Beach on Monday.
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April 21, 2025
T-Mobile Cites 5th Circ. Ruling In Challenge To $92M FCC Fine
T-Mobile and Sprint told the D.C. Circuit that another appeals court got it right when it vacated a $57 million Federal Communications Commission fine against AT&T, asking the D.C. court to take the same approach to commission penalties against them.
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April 21, 2025
Ohio Accounting Firm Hit With Data Breach Class Action
Buckeye State accounting firm Ciuni & Panichi Inc. failed to protect its clients' personal information and did not give them timely notice after a cybercriminal accessed that data through an employee's email account, according to a proposed class action filed in Ohio federal court Monday.
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April 21, 2025
Former Florida US Atty Returns To Pillsbury In Miami
A recent U.S. attorney for the Southern District of Florida returned to his former firm, Pillsbury Winthrop Shaw Pittman LLP, to continue his work as a partner in its Miami office.
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April 18, 2025
Cybersecurity Ruling Misconstrues Law, FCC Told
Rural broadband companies are voicing opposition to a recent Federal Communications Commission decision requiring them to combat cybersecurity threats, saying the commission failed to consider the regulatory burden the new rules would impose on carriers.
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April 18, 2025
5th Circ. Says FCC Can't Fine AT&T $57M Without Trial
The Fifth Circuit has wiped out the $57 million fine that the Federal Communications Commission slapped AT&T with after it and the other major mobile carriers were found to have been selling off people's location data, saying such a penalty without a jury trial was unconstitutional.
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April 18, 2025
$6.5M Deal In Amazon's PillPack TCPA Suit Gets Final OK
A Washington federal judge on Friday approved a $6.5 million settlement to end a class action alleging Amazon.com affiliate PillPack LLC was responsible for unsolicited telemarketing calls that ran afoul of federal consumer law against robocalls and texts.
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April 18, 2025
Telecom Says Jarkesy Ruling Dashes FCC's $4.5M Fine
An Austin, Texas-based telecom sought Friday to shake a nearly $4.5 million fine by the Federal Communications Commission after the Fifth Circuit tossed an unrelated $57 million penalty against AT&T based on last year's high court ruling in SEC v. Jarkesy curtailing agency fines.
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April 18, 2025
Suit Says Loyola Enabled Ex-Michigan Coach's Alleged Hack
A former Loyola University Chicago athlete filed a proposed class action accusing an ex-University of Michigan football coach of orchestrating a years-long cyber sexual assault by hacking into university athletic databases and stealing intimate photos and medical data of over 150,000 students, and asserting that the university and its vendor enabled the breach.
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April 18, 2025
How Manatt Beat A Crypto Trader's 'Code As Law' Defense
After a crypto user exploited a software bug to create millions of dollars' worth of new tokens from a blockchain network, a Manatt Phelps & Phillips LLP team defeated his claim to the tokens — and won an award worth millions — by showing that faulty code can't stand in for rule of law.
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April 18, 2025
Unions Score Injunction To Stop DOGE's Access To SSA Data
The Social Security Administration cannot give Elon Musk's Department of Government Efficiency access to personal data within the agency's system, a Maryland federal judge ruled, saying the government "cannot flout" federal privacy law while granting an injunction to unions and a retiree advocacy group.
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April 17, 2025
FTC To Narrow Data Privacy Scope As Uncertainties Loom
The Republican-led Federal Trade Commission is poised to pursue a data privacy agenda focused on established harms and statutory authorities rather than ambitious rulemaking, although the recent firing of two commissioners casts doubt on the long-term viability of these actions and the future of a crucial transatlantic data transfer pact.
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April 17, 2025
Sandberg Says FTC Market View Makes No Sense In Meta Case
Meta Platforms' former longtime board member and Chief Operating Officer Sheryl Sandberg pushed back Thursday on crucial Federal Trade Commission arguments trying to shape the market the social media giant is accused of monopolizing, criticizing a friends and family definition the FTC is using to exclude TikTok as a competitor.
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April 17, 2025
Judge Grants Reduced Atty Award in Bowling Alley Chain Suit
A Virginia federal judge trimmed just over $150,000 in attorney fees requested by a bowling alley chain after winning summary judgment in a suit against its former chief information officer, whom it accused of hacking into its computer system and CEO's email.
Expert Analysis
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Predicting What's Next For SEC By Looking At Past Dissents
While Paul Atkins' nomination to be the next chair of the U.S. Securities and Exchange Commission has taken center stage, an analysis of Republican Commissioners Hester Peirce and Mark Uyeda's past votes and dissents provides a preview of where enforcement may shift in the new administration, say attorneys at Gibson Dunn.
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Takeaways From 2024's Emerging IP Licensing Trends
Themes in intellectual property licensing from the past year – including artificial intelligence; risk management; and name, image and likeness rights – highlight key considerations for navigating an evolving landscape, say attorneys at Ballard Spahr.
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Top 10 Legal Issues This Year For Transportation Industry GCs
General counsel must carefully consider numerous legal and policy challenges facing the automotive and transportation industry in the year to come, especially while navigating new technologies, regulations and global markets, says Francesco Liberatore at Squire Patton.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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New Year, New Risks: 8 Top Cyber Issues For Finance In 2025
As financial institutions forge ahead in 2025, they must strike a delicate balance between embracing technological innovation and guarding against its darker threats, which this year could include everything from supply chain vulnerabilities to deepfakes, say attorneys at Baker Donelson.
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A Guide To Significant 2024 Data Broker Legal Developments
2024 saw notable developments in U.S. data broker regulation and enforcement, and this momentum will likely carry into 2025, despite hypothetical efforts to the contrary under the new administration, say attorneys at Frankfurt Kurnit.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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The 6 Most Significant FCRA Litigation Developments Of 2024
From a key sovereign immunity decision at the U.S. Supreme Court to a ruling on creditworthiness out of the Seventh Circuit, several important Fair Credit Reporting Act cases wound their way through the courts in 2024, each offering takeaways for both plaintiffs and defendants, say attorneys at Shipkevich.
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Identifying Deepfakes During Evidence Collection, Discovery
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Attorneys must familiarize themselves with the tools used to create and detect deepfakes — media manipulated by artificial intelligence to convincingly mimic real people and events — as well as best practices for keeping this fabricated evidence out of court, says Bijan Ghom at Saxton & Stump.
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Health Tech Regulatory Trends To Watch In 2025
With an upcoming change in administration and the release of some long-awaited rules, the healthcare industry should prepare for shifting trends, including a growing focus on health data and interest in technology-enabled delivery of healthcare, say attorneys at Orrick.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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The Securities Litigation Trends That Will Matter Most In 2025
2025 is shaping up to be a significant year for securities litigation, as plaintiffs and defendants alike navigate shifting standards for omission theories of liability, class certification, risk disclosure claims and more, say attorneys at Willkie.
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How White Collar Enforcement May Shift In Trump's 2nd Term
After President-elect Donald Trump returns to the White House next month, the administration’s emphasis on immigration laws, drug offenses and violent crime will likely reduce the focus on white collar crime overall, but certain areas within the white collar world may see increased activity, say attorneys at Keker Van Nest.
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Risk Management Takeaways From NIST's AI Symposium
Based on the National Institute of Standards and Technology's September artificial intelligence innovation symposium, companies should anticipate that laws and regulations safeguarding AI could take new forms and approaches that break the current mold, say attorneys at Eversheds Sutherland.
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New Trump Admin May Bring Financial Oversight Turbulence
As President-elect Donald Trump prepares to begin his second term, his top financial market regulatory and securities law enforcement appointees, campaign promises, and regulatory preferences foretell a period of muddy regulatory waters, say attorneys at Kroll.