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Cybersecurity & Privacy
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April 14, 2025
DOJ Resists Airing Full ICE Pact On Taxpayer Data Sharing
The U.S. government objected Monday to releasing an unredacted copy of a tax-information-sharing agreement between the IRS and immigration enforcement agencies sought by groups seeking to block the disclosure, telling a D.C. federal court that it would reveal sensitive information and law enforcement techniques.
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April 11, 2025
Microsoft, OpenAI Want Out Of Musk's For-Profit Challenge
OpenAI and Microsoft are ready to be done with a lawsuit brought by Elon Musk accusing them of swindling the billionaire by turning OpenAI, the maker of ChatGPT, into a private entity after he and others invested in the artificial intelligence venture.
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April 11, 2025
DOJ Issues Compliance Tips for New Data Security Program
The U.S. Department of Justice published tips Friday on complying with the new national data security program — which was created under the Biden administration and took effect April 8 — to prevent China, Russia, Iran and other foreign entities from exploiting Americans' sensitive personal data through commercial transactions.
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April 11, 2025
Ireland Probes X's Use Of Public Posts To Train AI Tool Grok
Ireland's data protection authority said Friday that it is forging ahead with an investigation into whether efforts by the Elon Musk-owned social media platform X to train its artificial intelligence model Grok on personal data lifted from public posts complied with the European Union's data protection rules.
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April 11, 2025
CFPB To Pull Medical Debt Opinion, May Ax Nonbank Registry
The Consumer Financial Protection Bureau said Friday that it will scrap recent guidance aimed at reining in medical debt collectors and may close out its new national nonbank enforcement registry, extending the agency's pullback from its Biden-era policies.
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April 11, 2025
Coinbase 'Mining Pools' Scam Case Heads To Arbitration
Cryptocurrency exchange Coinbase and its subsidiary Toshi Holdings Ltd. are moving ahead with arbitration of a Virginia man's claims that he saw $50,000 drained from his Coinbase wallet by means of a "malicious smart contract" that appeared to be a liquidity mining pool.
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April 11, 2025
Tether-Backed Crypto Co. Can't Duck Swan's Trade Secrets Suit
A California federal judge has ruled that an entity backed by cryptocurrency Tether can't escape a trade secrets suit from crypto trading firm Swan Bitcoin, which claims the entity reneged on a commitment to provide financing for a bitcoin mining deal and induced Swan employees to quit and steal the firm's proprietary information.
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April 11, 2025
FTC Democrat Members Seek Quick Win In Trump Firing Suit
Recently fired Federal Trade Commission Democrat members Rebecca Kelly Slaughter and Alvaro M. Bedoya on Friday asked a D.C. federal court for an expedited summary judgment ruling in their case challenging their removals, arguing that President Donald Trump's attempted firings run afoul of decades-old precedent and the FTC Act.
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April 11, 2025
Chancery Tosses Exabeam Stockholder's Appraisal Suit
A former stockholder of cybersecurity venture Exabeam Inc. saw his suit for Court of Chancery share appraisal shot down on Friday, after a vice chancellor concluded that the suit was launched as an unsupported workaround to secure documents unavailable to him on the company's merger with LogRhythm Inc.
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April 11, 2025
Telehealth Co. Sued Over 2024 Data Breach
A company that helps healthcare providers manage after-hours patient calls was hit with a proposed class action in New York federal court Friday alleging that it failed to secure user data prior to a 2024 breach that exposed the sensitive information of nearly 1 million people.
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April 11, 2025
Alex Jones' Sandy Hook Atty Lands 7-Day Suspension Credit
Alex Jones' former lead Connecticut attorney will be suspended for only one additional week because of a prior sit-out in 2023, a state court judge has clarified, saying she hadn't considered that Norm Pattis was previously benched while he appealed his discipline for his role in transferring Sandy Hook families' confidential records to another Jones attorney.
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April 10, 2025
Senate Confirms Meador To Fill 3rd GOP Seat AT FTC
The U.S. Senate voted along party lines Thursday to confirm Kressin Meador Powers LLC partner Mark Meador to the Federal Trade Commission, filling the agency's third Republican seat as the spots left by the recent firing of the commission's two Democrats remain vacant.
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April 10, 2025
Immigration Groups Seek Unredacted Tax Data-Sharing Pact
Immigration advocates trying to block the Internal Revenue Service from disclosing taxpayers' information to the U.S. Department of Homeland Security and other agencies urged a D.C. federal court on Thursday to require the Justice Department to hand over an unredacted version of a government agreement to share the confidential data.
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April 10, 2025
Netchoice Wants New Calif. Online Marketplace Law Blocked
Big Tech trade group Netchoice LLC has asked a California federal court to block a new Golden State law requiring online marketplaces to collect information from third-party sellers and report those selling stolen goods, claiming the "onerous" measure will "impose unprecedented and unconstitutional burdens on widely used online services."
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April 10, 2025
Online Advertising Co. Is Sued Over Use Of Tracking Cookies
Digital advertising firm PubMatic Inc. engaged in vast and unauthorized tracking of the online lives of "hundreds of millions of Americans," which it later shared and sold to third parties, violating state and federal privacy laws, according to a proposed class action filed in California federal court.
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April 10, 2025
Bipartisan AI Deepfakes Bill Reintroduced In Congress
A bipartisan group of lawmakers in Congress will again try to address the proliferation of so-called deepfakes created with artificial intelligence with a bill that would give individuals the right to authorize or oppose the use of their voice or visual likeness.
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April 10, 2025
Debt Collector Can Hang Tight While CFPB Mulls Probe
A Georgia federal judge has said that National Credit Systems does not have to turn over documents and other material to the Consumer Financial Protection Bureau for the time being, as the agency decides whether it is proceeding with a pending investigation into the debt collector for alleged credit reporting and debt collection violations.
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April 10, 2025
Israel's NSO Faces April Damages Trial For WhatsApp Hacking
A California federal judge on Thursday nailed down details of an April 28 jury trial to determine the amount of damages Israeli spyware-maker NSO Group owes Meta for hacking into 1,400 WhatsApp users' devices, refusing to seal the proceedings and expressing frustration at the amount of discovery withheld by the parties, particularly NSO.
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April 10, 2025
GAO Backs 2nd Protest Over $112M FEMA Cybersecurity Deal
The U.S. Government Accountability Office has sustained a second protest over a $112 million Federal Emergency Management Agency cybersecurity support services deal, saying FEMA mistakenly disqualified a bidder for proposing the use of contractual labor categories the company was allowed to use.
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April 10, 2025
Fairplay Urges FTC To Investigate Meta Over Kids' VR Privacy
A nonprofit organization that works to curb child-targeted marketing asked the Federal Trade Commission on Thursday to look into whether Meta Platforms is violating the Children's Online Privacy Protection Act by allowing kids under the age of 13 to access its "Horizon Worlds" virtual reality platform and collecting their personal information.
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April 10, 2025
NSO Hack Needed Apple's Calif. Servers, Foreign Journos Say
Counsel for a group of El Salvador-based journalists urged the Ninth Circuit on Thursday to revive a lawsuit accusing Israeli spyware maker NSO Group of hacking their iPhones, saying the case belongs in California federal court because the alleged attacks relied on Apple's servers within the Golden State.
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April 10, 2025
Mint Mobile Secretly Records Customer Calls, Suit Says
Mint Mobile "routinely and intentionally" records conversations on its customer service line without notifying callers, according to a proposed class action moved to California federal court Wednesday.
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April 10, 2025
IRS-ICE Deal Could Cost $25B In Tax Revenue, Report Says
The Internal Revenue Service's agreement to share the taxpayer records of certain non-U.S. citizens with immigration enforcement authorities could lead to a $25 billion loss in tax revenue in 2026, according to research from Yale University.
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April 10, 2025
Ex-EBay Execs Want To Question Key Stalking Case Witness
Three former eBay executives facing claims they helped direct a campaign to harass bloggers critical of the company have told a Massachusetts federal judge they want to question a key witness about his past role as an undercover government agent.
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April 10, 2025
Conn. Firm Fights Atty Fee Award In Client's Suit Over Scam
Connecticut law firm Mancini Provenzano & Futtner LLC has asked a Constitution State court to reconsider its decision to award attorney fees and prejudgment interest to a former client after a fraudster used the firm's email system to rob the client of $90,586, arguing there was no bad faith to warrant such an award.
Expert Analysis
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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.
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9 Considerations For Orgs Using AI Meeting Assistants
When deciding to use artificial intelligence meeting assistants, organizations must create and implement a written corporate policy that establishes the do's and don'ts for these assistants, taking into account individualized business operations, industry standards and legal and regulatory requirements, say attorneys at Faegre Drinker.