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Cybersecurity & Privacy
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May 21, 2025
'Rip And Replace' Likely Done In 1 Year, FCC Says
Telecom carriers will likely be finished with work across the country to remove risky foreign-made equipment from their networks in about a year, the head of the Federal Communications Commission told lawmakers Wednesday.
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May 21, 2025
Apple Lets Fortnite Back In App Store As Appeal Pends
Apple has allowed Epic Games to put its popular Fortnite video game back in the App Store, while the sides await a ruling on Apple's bid to pause an injunction mandating additional changes to its policies issued after the court found it had violated a previous order.
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May 21, 2025
Trump Can't Fire Privacy Board Democrats, DC Court Says
The Trump administration is not allowed to remove two Democrats from the U.S. Privacy and Civil Liberties Oversight Board, Congress' privacy watchdog over the executive branch's counterterrorism policies, a D.C. federal judge ruled Wednesday.
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May 20, 2025
Flo Users Get Class Cert. In Google, Meta Data-Sharing Suit
A California federal judge has granted class status to users of the menstrual cycle tracking app developed by Flo Health Inc. in a suit accusing the company of unlawfully sharing their personal health information with Google and Meta, finding that the defendants' opposition to this move lacked clarity and support.
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May 20, 2025
19-Year-Old Mass. Student Admits To PowerSchool Hacking
A 19-year-old student at Assumption University in Worcester, Massachusetts, has pled guilty to hacking into the networks of two companies, including education software and cloud storage company PowerSchool Group LLC, and extorting them for ransoms, the U.S. Department of Justice announced Tuesday.
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May 20, 2025
High Court Precedent Blocks FTC Commish Firings, Judge Told
A pair of recently fired Federal Trade Commission members sparred with the administration in D.C. federal court on Tuesday, with the judge raising questions about which Supreme Court precedent really holds in this dispute.
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May 20, 2025
Tech Co. AppLovin's Brass Face 'Shadow Downloads' Claims
Executives and directors of technology company AppLovin face a shareholder derivative suit alleging they breached their fiduciary duties after the company allegedly inflated its download numbers, a key performance metric, by means of manipulative practices.
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May 20, 2025
FCC Warned To Not Overreach In Undersea Cable Rules
Network providers cautioned the Federal Communications Commission to stick to its legal authority when crafting new rules to beef up the security of undersea telecom cables, saying the FCC can't regulate beyond cable owners and operators under existing law.
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May 20, 2025
Medical Supply Co. Faces Ga. Suit Over Unwanted Texts
A Florida-based medical supply company has been hit with a proposed Telephone Consumer Protection Act class action in Georgia federal court by a man who says he received several promotional text messages from the company after he added himself to the National Do Not Call Registry.
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May 20, 2025
Meta Asks To Toss Claim That Illegal Tool Scraped Tax Info
Meta's tracking tool did not violate state privacy law, the company argued, urging a California federal court to toss a claim calling the tool an unauthorized recording device that collected sensitive information from tax filing websites H&R Block, TaxAct and Tax Slayer.
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May 20, 2025
TikTok's Bid To Get NY Docs From AG Sunk By New State Law
A New York state judge on Tuesday denied TikTok's bid to force the New York attorney general to turn over agency documents related to claims the app harms children's mental health, relying on an amendment tucked into the state's budget that was signed into law this month.
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May 20, 2025
Meta Says Too Late For 'Dramatic Shift' In Antitrust Argument
Consumers who claim Meta monopolized the social media advertising market are attempting to make a late "dramatic shift" from their years-long argument that all of its users should have been paid a "made-up figure" of $5 a month for their data, the company told a California federal court Monday.
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May 20, 2025
State AGs Back NJ Judicial Privacy Law At 3rd Circ.
Most states' attorneys general, along with law enforcement organizations and a data privacy group, have encouraged the Third Circuit to uphold a New Jersey judicial privacy measure, saying states have sovereignty to enact such laws in a time of increased threats against judges.
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May 20, 2025
Attys For Alleged Fox Hacker 'Deeply Regret' Fake AI Citations
Two attorneys apologized to a Florida federal judge on Monday for filing a motion to dismiss charges against their client — alleged Fox News video hacker Timothy Burke — that contained fake legal citations generated by artificial intelligence.
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May 20, 2025
Apple Can't Get Quick Pause Of App Store Order At 9th Circ.
The Ninth Circuit agreed Monday to expedite briefing in Apple's appeal challenging a lower court's new injunction mandating certain App Store policy changes, but the panel declined to rule on Apple's emergency request to pause the injunction as Apple and Epic Games brief the hotly contested dispute.
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May 20, 2025
Legal Ed Platforms Settle Attorney's Data Harvesting Suit
Two platforms for continuing legal education content have settled a proposed class action from a Seattle attorney which alleged that the companies violated the Video Privacy Protection Act by using Meta's Pixel tracking software on their sites, the parties said Monday.
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May 20, 2025
ZoomInfo Accused Of Illegally Selling Cellphone Numbers
ZoomInfo is facing allegations that it violates Colorado law by selling individuals' cellphone numbers without their consent, in a proposed class action that was moved to Washington federal court last week.
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May 20, 2025
National Security Pro Joins Arnold & Porter White Collar Team
A former deputy assistant attorney general has left the U.S. Department of Justice to become a partner in Arnold & Porter Kaye Scholer LLP's white collar defense and investigations and national security practices in New York, the firm announced Tuesday.
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May 19, 2025
House Urged To Ax Proposed 10-Year Ban On State AI Laws
More than 140 civil rights and consumer advocacy groups on Monday became the latest to oppose a sweeping provision in the U.S. House of Representatives' budget proposal that would place a 10-year moratorium on states enacting or enforcing laws to regulate emerging artificial intelligence systems, joining a bipartisan coalition of state enforcers that issued a similar call last week.
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May 19, 2025
Trump Admin Fights Bid To Block OPM From Helping DOGE
A trio of unions can't substantiate their claims that the U.S. Office of Personnel Management is inappropriately disclosing sensitive data to the Department of Government Efficiency, the Trump administration has told a New York federal judge, asking her to toss the unions' injunction request.
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May 19, 2025
Ga. Judge Trims Delta's IT Outage Suit Against CrowdStrike
A Georgia state court judge has trimmed Delta Air Lines' lawsuit seeking to recover from cybersecurity firm CrowdStrike some $500 million in alleged out-of-pocket losses stemming from the July 2024 catastrophic global IT outage.
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May 19, 2025
Apple's Refusal To Put Fortnite On App Store Prompts Hearing
A California federal judge issued an order Monday requiring Apple to show why she should not find that the company has violated her recent injunction requiring changes to its App Store policies, after Epic Games complained that the tech giant is refusing to put Fortnite back on its U.S. online storefront.
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May 19, 2025
21 AGs Join Fight To Keep DHS Oversight Offices Open
A group of 21 attorneys general joined nonprofits Friday in urging a D.C. federal judge to force the Trump administration to reopen offices that oversee various U.S. Department of Homeland Security programs and investigate related civil rights claims, arguing that the DHS' abrupt closure of the offices could have devastating consequences.
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May 19, 2025
Taxpayer Data Increasingly At Risk From DOGE, Court Told
A group of unions and advocacy organizations trying to block the White House's Department of Government Efficiency from accessing confidential taxpayer data told a D.C. federal court they fear the data is already being shared with federal agencies beyond the IRS.
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May 19, 2025
Insurer Says Pizza Chain Only Gets $250K For Cyberattack
A cyber insurer for Cicis Pizza told a Texas federal court that it's already paid the full amount of coverage the restaurant chain is owed for a May 2022 ransomware incident, arguing that only a $250,000 sublimit under a ransomware endorsement applies.
Expert Analysis
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Recent Cases Highlight Latest AI-Related Civil Litigation Risks
Ongoing lawsuits in federal district courts reveal potential risks that companies using artificial intelligence may face from civil litigants, including health insurance coverage cases involving contractual and equitable claims, and myriad cases concerning securities disclosure claims, say attorneys at Katten.
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What Rodney Hood's OCC Stint Could Mean For Banking
Acting Comptroller of the Currency Rodney Hood's time at the helm of the OCC, while temporary, is likely to feature clarity for financial institutions navigating regulations, the development of fintech innovation, and clearer expectations for counsel advising on related matters, say attorneys at Vedder Price.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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4 Actions For Cos. As SEC Rebrands Cyber Enforcement Units
As the U.S. Securities and Exchange Commission signals its changing enforcement priorities by retooling a Biden-era crypto-asset and cybersecurity enforcement unit into a task force against artificial-intelligence-powered hacks and online investing fraud, financial institutions and technology companies should adapt by considering four key points, say attorneys at Troutman.
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Class Actions At The Circuit Courts: March Lessons
In this month's review of class actions appeals, Mitchell Engel at Shook Hardy discusses three federal appellate court decisions and identifies practice tips from cases involving antitrust allegations against coupon processing services, consumer fraud and class action settlements.
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How Health Cos. Can Navigate Data Security Regulation Limbo
Despite the Trump administration's freeze on proposed updates to the Health Insurance Portability and Accountability Act security rule, there are critical cybersecurity steps healthcare organizations can take now without clear federal guidance, says William Li at Axiom.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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Cross-Border Lessons In Using Hague Evidence Convention
Recent case law demonstrates that securing evidence located abroad requires a strategic approach, including utilization of the Hague Evidence Convention and preparation to justify your chosen evidence-gathering path, say attorneys at Fish & Richardson.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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Unpacking First Consumer Claim Under Wash. Health Data Act
The first consumer class action claim filed under Washington's My Health My Data Act, Maxwell v. Amazon.com, may answer questions counsel have been contending with since the law was introduced almost a year ago, if the court takes the opportunity to interpret some of more opaque language, say attorneys at Polsinelli.
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Deficiency Trends In National Futures Association Exams
A recent notice from the National Futures Association outlining the most common deficiencies uncovered during exams gives member firms an opportunity to review prior guidance, particularly regarding the hot topic of implementing procedures governing the use of outsourced service providers, say attorneys at Akin.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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Why NY May Want To Reconsider Its LLC Transparency Law
Against the backdrop of the myriad challenges to the federal Corporate Transparency Act, it may be prudent for New York to reconsider its adoption of the LLC Transparency Act, since it's unclear whether the Empire State's "baby-CTA" statute is still necessary or was passed prematurely, say attorneys at Pillsbury.