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Cybersecurity & Privacy
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June 27, 2025
Meta, TikTok Can't Escape 'Subway Surfing' Death Suit
TikTok and Meta Platforms can trim, but not escape, a lawsuit over the death of a teen who allegedly participated in a "subway surfing" social media challenge, a Manhattan judge ruled Friday, saying the complaint plausibly pleads the algorithms inundated the teen with dangerous "challenge" content he never sought.
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June 27, 2025
Fla. Teen Files $10M Suit Alleging DMV Appointment Scalping
A Florida teenager has filed a proposed $10 million state court class action lawsuit against highway safety officials, alleging they were negligent for allowing her to camp outside a driver's license office just to secure an appointment because reservations were scalped by internet bots and sold for profit.
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June 27, 2025
Judge Lets DOGE Access Go On But Cites 'Grave' Concerns
A D.C. federal judge Friday voiced his "grave" concerns about the White House's Department of Government Efficiency obtaining personal information, but the district court declined to stop the U.S. Department of Labor and U.S. Department of Health and Human Services from giving this access.
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June 27, 2025
Loyola Says It Had No Role In Student-Athlete Data Breach
Loyola University Chicago moved Thursday to be dismissed from an Illinois federal lawsuit claiming it failed to protect the private data of its student-athletes, saying it can't be held liable for the unlawful access of an ex-University of Michigan football coach who has no affiliation or connection to the university. Â
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June 27, 2025
Financial Regulators Say Banks Can Use Third-Party TIN Info
Financial regulators on Friday said banks can collect tax identification number information from third parties, rather than just from their customers, pointing to changes in banking since the requirement was enacted under the USA PATRIOT Act.
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June 27, 2025
Calif. Panel Tosses Hacking Case Against Ex-LA Prosecutor
A California state appeals court has ordered the dismissal of criminal claims against former Los Angeles Assistant District Attorney Diana Teran over her use of public sheriff's deputy files contained in a "confidential" database.
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June 27, 2025
Justices Uphold Texas Law Requiring Porn Site Age Checks
The U.S. Supreme Court on Friday said a Texas law requiring pornographic websites to verify visitors' ages could take effect, agreeing with a divided Fifth Circuit's decision to vacate an injunction while using a different standard of judicial review to evaluate the statute.
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June 26, 2025
OpenAI Loses Data Hold Round In News Orgs' Copyright Fight
A Manhattan federal judge on Thursday refused to overturn a ruling that directed OpenAI to preserve ChatGPT logs in ongoing copyright infringement litigation brought by news organizations against the company and Microsoft, after hearing an hourslong "tutorial" about the ins and outs of generative artifical intelligence.
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June 26, 2025
Teladoc Can't Shake Most Of Suit Over Meta Pixel Data Sharing
A New York federal judge refused to toss a proposed class action accusing Teladoc of unlawfully disclosing website visitors' personal health information to Meta, preserving eight wiretapping and consumer protecting claims under federal and several state laws while giving the plaintiffs a chance to amend negligence and three other allegations.
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June 26, 2025
Ex-NY Gov. Aide Hit With New PPE Fraud Scheme Charges
A federal grand jury Wednesday tacked on charges against a former top aide to two New York governors in a case accusing her of secretly acting as a Chinese government agent, alleging she illegally steered government contracts during the COVID-19 pandemic to businesses she was secretly connected to.
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June 26, 2025
Mass. Court Lets Man Try Again To Escape Ankle Monitor
A convicted rapist in Massachusetts who spent nearly 16 years in prison will get a second shot at challenging how long he must wear a GPS monitor now that he's been released, after a state appellate court on Thursday ruled a lower court did not properly weigh his constitutional rights.
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June 26, 2025
Judge 'Cannot Justify' Ga.'s Social Media Age Limit Law
A federal judge on Thursday declared unconstitutional Georgia's new restrictions on minors' use of social media, halting enforcement of the measures on First Amendment grounds just weeks before they were to take effect.
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June 26, 2025
Pa. Judge Tosses Wiretapping Claims In Rivers Casino Suits
A Pennsylvania state court has dismissed the bulk of two lawsuits accusing the Rivers Casino in Pittsburgh of illegally wiretapping a guest to assist her friend's ex-husband in a child custody case, but allowed the plaintiff to proceed with some invasion of privacy claims.
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June 26, 2025
Stewart Issues Guidance For Rejecting Parallel IPR Petitions
The acting head of the U.S. Patent and Trademark Office has thrown out the Patent Trial and Appeal Board's decisions to start two reviews of a patent on protecting computers from malicious activity, saying the board needs to decide whether to take on just one of the challenges.
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June 26, 2025
YouTube, Google Near OK On $6M BIPA Deal With 21K Users
A California federal judge indicated Thursday that he'll give preliminary approval to Google and YouTube's $6 million deal to end a proposed class action alleging the companies unlawfully collected the biometric data of around 21,000 Illinois YouTube users through the platform's video editing tools, saying he believes it to be "a very sound settlement."
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June 26, 2025
Lead Generator Faces Privacy Class Action In Colorado
A sales lead generator company with an online directory got hit with a proposed class action Thursday in Colorado federal court claiming it collected and distributed phone numbers belonging to Colorado residents despite a state law requiring that it obtain their consent, which the company allegedly did not.
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June 26, 2025
Seattle Jan. 6 Cops Again Ask Justices To Shield Identities
Four current and former Seattle police officers who attended the Jan. 6, 2021, "Stop the Steal" insurrection have again asked the U.S. Supreme Court for an emergency stay to prevent the public release of their names after an initial denial from the high court, saying the justices have two days to act. Â
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June 26, 2025
Conn. Atty Can't Intervene In Ex-Partner's Digital Data Bid
Connecticut Trial Firm LLC co-founder Ryan McKeen cannot intervene in a discovery bid launched by his former 50-50 law partner Andrew Garza because the proceeding is not a "civil action" under the relevant statute, a state court judge has ruled.
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June 26, 2025
Ex-Mich. Coach Hires 'Real Housewives' Atty In Hacking Case
A former University of Michigan assistant football coach accused of hacking college students' digital accounts enlisted a D.C. criminal defender who represented a former "Real Housewives" cast member convicted of luring people into fake investments and represented a man convicted of threatening a judge overseeing the criminal case of a former Trump adviser.
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June 26, 2025
New FCC Republican Names Key Legal Staff
Commissioner Olivia Trusty, who was sworn in this week as the newest member of the Federal Communications Commission, announced the hiring of several top aides Thursday.
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June 26, 2025
NC Pathology Lab Patient Drops Data Breach Class Action
A North Carolina woman walked away Thursday from a putative class action that alleged a pathology practice failed to safeguard 235,000 patients' private data, including protected medical and insurance information and Social Security numbers.
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June 26, 2025
Lime Revs Up IPO, Crypto's Prospects Rise, And More Rumors
Uber Technologies Inc.-backed electric bike startup Lime is moving forward on a U.S. initial public offering, while more crypto ventures are seeking public listings and insurance giant BrightHouse inches closer to a sale.
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June 25, 2025
TCPA Litigants Brace For 'Seismic Shift' After Deference Blow
The U.S. Supreme Court's backing of broad judicial review for the crush of regulatory orders interpreting the Telephone Consumer Protection Act is poised to turn the litigation landscape on its head, as key statutory determinations that have long been viewed as settled matters are suddenly ripe for scrutiny.Â
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June 25, 2025
Senate Panel Again OKs Bill To Boost Teens' Online Privacy
A longstanding legislative proposal that would ban online targeted advertising to minors and expand digital privacy protections to cover teens between the ages of 13 and 16 began its latest trip through Congress on Wednesday, when the U.S. Senate Commerce Committee easily advanced the measure to the full chamber.Â
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June 25, 2025
Ill. Appeals Court Won't Undo Biometric Privacy Class Cert.
An Illinois state appeals court has refused to disturb a lower court's order certifying a class of employees suing over time clocks that scanned and used their biometric information, ruling that the common claim in the case presents a question that "is suitable for, if not demanding of, class-wide resolution."
Expert Analysis
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AT&T Decision May Establish Framework To Block FCC Fines
The Fifth Circuit's recent decision in AT&T v. FCC upends the commission's authority to impose certain civil penalties, reinforcing constitutional safeguards against administrative overreach, and opening avenues for telecommunications and technology providers to challenge forfeiture orders, say attorneys at HWG.
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Reassessing Corporate Separateness After Explosion Of LLCs
Following the dramatic increase of limited liability companies in the U.S., the Corporate Transparency Act's enactment and the Trump administration's subsequent narrowing of that law, it's worth revisiting the underlying legal principles that govern shell companies in order to remedy the problems that initially motivated the CTA, says Jeff Newton at Omni Bridgeway.
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Series
Playing Guitar Makes Me A Better Lawyer
Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.
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Fines Against Apple, Meta Set Digital Markets Act Precedent
The European Commission's recent fines against Apple and Meta, the first under the Digital Markets Act, send a clear message that the act's reach and influence on regulatory thinking is global, say lawyers at Waterfront Law.
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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When Physical And Cyber Threats Converge: 6 Tips For Cos.
Amid an ongoing trend of increased digital threats of harm made against corporations, organizations and high-profile individuals, an emerging legal framework is providing a risk management road map for general counsel and their teams to navigate the increasingly fraught landscape, say attorneys at Covington.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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7 Considerations For Conducting Drug Clinical Trials Abroad
With continuing cuts to U.S. Food and Drug Administration staffing motivating some pharmaceutical companies to consider developing drugs abroad, it's important to understand the additional risks and compliance requirements associated with conducting clinical studies in other countries, say attorneys at Morgan Lewis.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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Compliance Lessons From Warby Parker's HIPAA Fine
The U.S. Department of Health and Human Services' civil money penalty against Warby Parker highlights the emerging challenges that consumer-facing brands encounter when expanding into healthcare-adjacent sectors, with Health Insurance Portability and Accountability Act compliance being a potential focus of regulatory attention, say attorneys at Saul Ewing.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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A Tale Of Two Admins: Parsing 1st Half Of SEC's FY 2025
The first half of the U.S. Securities and Exchange Commission's fiscal year 2025, which ended March 31, was unusually eventful, marked by a flurry of enforcement actions in the last three months of former Chair Gary Gensler's tenure and a prompt pivot after Inauguration Day, say attorneys at Jones Day.
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Rebuttal
Mass Arbitration Reform Must Focus On Justice
A recent Law360 guest article argued that mass arbitration reform is needed to alleviate companies’ financial and administrative burdens, but any such reform must deliver real justice, not just cost savings for the powerful, says Eduard Korsinsky at Levi & Korsinsky.
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Getting Ahead Of The SEC's Continued Focus On Cyber, AI
The U.S. Securities and Exchange Commission is showing it will continue to scrutinize actions involving cybersecurity and artificial intelligence, but there are proactive measures that companies and financial institutions can take to avoid regulatory scrutiny going forward, say attorneys at Morgan Lewis.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.