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Cybersecurity & Privacy
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August 22, 2025
Chicago Schools, Tech Firm Can't Shake Student Privacy Suit
An Illinois federal judge has refused to release the Chicago Board of Education and one of its technology providers from a proposed class action accusing them of invading students' privacy by surreptitiously monitoring their communications through a higher education preparedness platform, allowing federal wiretap and other allegations to proceed while tossing a constitutional rights claim.
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August 22, 2025
Kroll Catches Class Suit Over Crypto Bankruptcy Data Breach
Kroll has been hit with a proposed class action in Texas federal court from an FTX creditor who says the claims and noticing agent should've done more to secure user data and notify claimants of key bankruptcy deadlines after it suffered a data breach that exposed creditors to a bevy of email attacks.
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August 22, 2025
9th Circ. Blocks Meta's MDL Discovery Against State Agencies
The Ninth Circuit blocked an order requiring California's attorney general and third-party state agencies to respond to Meta's discovery demands in multidistrict litigation concerning the company's allegedly addictive designs, ruling Friday the attorney general isn't deemed to possess or control the state agencies' records and Meta must obtain them through subpoenas.
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August 22, 2025
Judge Rejects Protest Of $50M DHS Cybersecurity Contract
The federal government conducted a rigorous trade-off analysis when it selected a Virginia-based cybersecurity company's $50.9 million proposal, a U.S. Court of Federal Claims judge said, rejecting the incumbent contractor's protest of the award.
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August 22, 2025
Groups Say T-Mobile-UScellular Deal Needed Full FCC Vote
Three telecom groups are not pleased with the FCC's decision to delegate to an agency bureau the responsibility of approving the license transfers T-Mobile needed to complete its $4.4 billion acquisition of UScellular wireless operations, calling it an "error of law."
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August 22, 2025
Supplement Co. Says Insurer Failed To Pay $2.1M Claim
The parent company of sports nutrition and supplement website Bodybuilding.com told an Idaho federal court that a Berkley unit failed to fully pay for property damage and business income loss after a water pipe burst at the Boise-based data center hosting the website's servers.
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August 22, 2025
Startup Accelerator Backs Epic In Apple Case At 9th Circ.
Startup accelerator Y Combinator is backing Epic Games as Apple asks the Ninth Circuit to nix an order blocking it from charging commissions on app purchases made outside its payment system, telling the appeals court Apple "blatantly violated" a previous order.
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August 22, 2025
Apple Users' Attys Near OK On $28.5M Fees For Privacy Deal
A California federal judge indicated Friday he'll grant final approval to Apple's $95 million settlement with tens of millions of users who claimed its voice-activated software Siri eavesdropped on their conversations without consent, and called the plaintiffs' attorneys' request for a 30% cut amounting to $28.5 million "legally appropriate."
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August 22, 2025
J&J Settles BIPA Suit Over Neutrogena Skin360 App
A former Johnson & Johnson subsidiary has settled a potential class action claiming it unlawfully stored and collected facial scans of people who used its Neutrogena Skin360 tool in violation of Illinois' biometric privacy statute, prompting a New Jersey federal judge to order the case be terminated in 60 days.
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August 22, 2025
Conn. Marketing Software Co. Hit With Data Breach Suit
A Connecticut marketing software company failed to protect more than 232,000 customers' personal health information from hackers who potentially accessed it through a third-party tool in December and then didn't notify customers for months, a proposed class action claims.
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August 22, 2025
Coinbase Users' Biometric Privacy Suit Paused Amid Appeal
Cryptocurrency exchange Coinbase can pause claims it's facing under Illinois' Biometric Privacy Act as the Seventh Circuit weighs questions about the state law's financial institution exemption provision, a Chicago federal judge has decided.
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August 21, 2025
Google Got App Data Profits After Pledging Privacy, Jury Told
A computer scientist testifying in a multibillion-dollar privacy lawsuit alleging Google LLC illegally collected data from 98 million cellphone users who had opted out of tracking told a California federal jury Thursday that the tech giant stores information about their app use in a "shadow account" and uses it to sell ads.
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August 21, 2025
FTC Warns Tech Cos. To Honor Data Vows In Foreign Dealings
The head of the Federal Trade Commission on Thursday cautioned Meta, Google, Apple, Amazon and other major tech companies to refrain from weakening data security protections or censoring content in response to pressure from foreign governments, reminding them that reneging on promises they make to U.S. consumers could land them in hot water with the agency.
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August 21, 2025
Kanner & Pintaluga Seeks Sanctions Over Accident Data Suit
Kanner & Pintaluga PA asked a Texas federal court to sanction a Houston couple and their counsel in a proposed class action accusing the firm and since-dismissed Progressive Casualty Insurance Co. of conspiring to share auto crash victims' private information, saying the claims are based on unverified and inadmissible hearsay.
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August 21, 2025
Pa. Court Revives Fired County Worker's Whistleblower Claim
A Pennsylvania appeals court on Thursday sent back a dispute to a lower court over a fired county employee's whistleblower allegation tied to her reporting that a union representative secretly taped meetings, determining the union official acted as a county employee when she made the recordings.
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August 21, 2025
Thousands Of Buyers Accuse Temu Of Avoiding Arbitration
Thousands of consumers suing online marketplace Temu on claims of false advertising and deceptive trade have urged a New York federal court to send their cases directly to arbitration, saying the company has used aggressive stalling tactics to avoid legitimate arbitral proceedings.
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August 21, 2025
Conn. Resident Lost $1.2M In AI Crypto Scam, Feds Say
Federal authorities want to condemn two cryptocurrency wallets tied to a scam that ripped off a Connecticut resident for $1.2 million, according to a forfeiture complaint that says the victim was roped into a fraudulent "school" that supposedly used highly accurate artificial intelligence to make trading recommendations.
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August 21, 2025
ÃÛÌÒÊÓÆµ Calls For Input On Open-Banking Fees, Access Issues
The Consumer Financial Protection Bureau is taking a first step toward reopening its Biden-era open-banking rule, issuing a fresh call for comment on key sticking points that have divided banks and fintech firms and become a focus of industry litigation.
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August 21, 2025
OnlyFans Flags Bogus Citations In RICO Fraud Suit
Attorneys for a proposed class of OnlyFans subscribers alleging racketeering by the company notified a California federal judge Thursday that they would be seeking permission to fix earlier filings found to have errors created by artificial intelligence, days after the web platform's parent company notified the court of the citation errors.
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August 21, 2025
Roblox Hit With New Accusations Of Child Safety Shortfalls
The Roblox Corp. prioritized growth and profits over child safety, opening the door to sexual exploitation, a North Carolina mother claimed in the latest complaint the tech giant faces over alleged safety shortfalls.Â
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August 21, 2025
Epic Says Google Can't Dodge App Store Trade Libel Claims
Video game and software developer Epic Games Inc. has told a California federal court that Google LLC can't eschew remaining state law claims in a trade libel suit because the alleged harms are new, not resurrected from claims in a separate case.
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August 21, 2025
Gov't Shrugs Off Sentencing Errors, IRS Leaker Tells DC Circ.
The IRS contractor appealing his five-year prison sentence for leaking thousands of wealthy people's tax returns to the media accused the U.S. of glossing over sentencing errors that unfairly burdened him with "the harshest sentence possible," he told the D.C. Circuit.
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August 20, 2025
Musk Can't Yet Ditch Ariz. Voter's Suit Over $1M Giveaway
A Texas federal judge on Wednesday refused to toss an Arizona voter's proposed class action claiming that Elon Musk's $1 million giveaway to swing state voters was deceptively marketed as a random lottery, ruling that the voter has plausibly alleged that she was defrauded.
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August 20, 2025
Credit Union, Customers Notch Deal In Data Breach Suit
OE Federal Credit Union and a proposed class of current and former customers revealed Wednesday that they have reached a deal to resolve litigation over a 2023 cyberattack, a day after the federal judge overseeing the case refused to cut negligence, California Consumer Privacy Act and several other claims from the dispute.Â
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August 20, 2025
W.Va. Judge Blocks Private Suits Under State's 'Daniel's Law'
A West Virginia federal judge has tossed five proposed class actions accusing PeopleConnect, LexisNexis Risk Solutions and several other data brokers of violating the state's Daniel's Law by publishing information on judicial and law enforcement officers, after finding the privacy statute's lawsuit mechanism to be unconstitutional.Â
Expert Analysis
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Justices' Age Verification Ruling May Lead To More State Laws
The U.S. Supreme Court’s recent Free Speech Coalition v. Paxton ruling, permitting a Texas law requiring certain websites to verify users’ ages, significantly expands states' ability to regulate minors’ social media access, further complicating the patchwork of internet privacy laws, say attorneys at Troutman.
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E-Discovery Quarterly: Rulings On Relevance Redactions
In recent cases addressing redactions that parties sought to apply based on the relevance of information — as opposed to considerations of privilege — courts have generally limited a party’s ability to withhold nonresponsive or irrelevant material, providing a few lessons for discovery strategy, say attorneys at Sidley.
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How DOJ's New Data Security Rules Leave HIPAA In The Dust
The U.S. Department of Justice's recently effective data security requirements carry profound implications for how healthcare providers collect, store, share and use data — and approach vendor oversight — that go far beyond the Health Insurance Portability and Accountability Act, say attorneys at Nelson Mullins.
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Opinion
Section 1983 Has Promise After End Of Nationwide Injunctions
After the U.S. Supreme Court recently struck down the practice of nationwide injunctions in Trump v. Casa, Section 1983 civil rights suits can provide a better pathway to hold the government accountable — but this will require reforms to qualified immunity, says Marc Levin at the Council on Criminal Justice.
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Courts Redefining Software As Product Generates New Risks
A recent wave of litigation against social media platforms, chatbot developers and ride-hailing companies has some courts straying from the traditional view of software as a service to redefining software as a product, with significant implications for strict liability exposure, say attorneys at Reed Smith.
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Now Is The Time To Prep For SEC's New Data Breach Regs
Recent remarks from the U.S. Securities and Exchange Commission’s acting director of the Division of Examinations suggest that the commission will support exams for compliance with its new data breach detection and reporting regulations, and a looming deadline means investment advisers and broker-dealers must act now to update their processes, say attorneys at McGuireWoods.
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How Banks Can Harness New Customer ID Rule's Flexibility
Banking regulators' update to the customer identification process, allowing banks to collect some information from third parties rather than directly from customers, helps modernize anti-money laundering compliance and carries advantages for financial institutions that embrace the new approach, say attorneys at Bradley Arant.
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Series
Playing Soccer Makes Me A Better Lawyer
Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo.
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How Trump Cybersecurity EO Narrows Biden-Era Standards
President Donald Trump recently signed Executive Order No. 14306, which significantly narrows the scope and ambition of a Biden executive order focused on raising federal cybersecurity standards among federal vendors, say attorneys at Jenner & Block.
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Opinion
The SEC Should Embrace Tokenized Equity, Not Strangle It
The U.S. Securities and Exchange Commission should grant no-action relief to firms ready to pilot tokenized equity trading, not delay innovation by heeding protectionist industry arguments, says J.W. Verret at George Mason University.
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And Now A Word From The Panel: Back In Action
A lack of new petitions at the May hearing session of the Judicial Panel on Multidistrict Litigation caught many observers' attention — but a rapid uptick in petitions scheduled to be heard at this week's session illustrates how panel activity always ebbs and flows, says Alan Rothman at Sidley.
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Compliance Changes On Deck For Banks Under Texas AI Law
Financial services companies, including banks and fintechs, should evaluate their artificial intelligence usage to prepare for Texas' newly passed law regulating AI governance, noting that the enforcement provisions provide for an affirmative defense to liability, say attorneys at Mitchell Sandler.
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Series
Law School's Missed Lessons: Learning From Failure
While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.
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23andMe Fine Signals ICO's New GDPR Enforcement Focus
Many of the cybersecurity failures identified by the Information Commissioner’s Office in its investigation of 23andMe, recently resulting in a £2.3 million fine, were basic lapses, but the ICO's focus on several new U.K. General Data Protection Regulation considerations will likely carry into the future, say lawyers at Womble Bond.
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Midyear Rewind: How Courts Are Reshaping VPPA Standards
The first half of 2025 saw a series of cases interpreting the Video Privacy Protection Act as applied to website tracking technologies, including three appellate rulings deepening circuit splits on what qualifies as personally identifiable information and who qualifies as a consumer under the statute, say attorneys at Perkins Coie.