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Cybersecurity & Privacy
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April 15, 2025
Cops At Insurrection Ask Justices To Let Them Stay Incognito
Four current and former Seattle police officers who attended the 2021 Jan. 6 "Stop the Steal" insurrection in D.C. have made an emergency appeal to the U.S. Supreme Court to stay a ruling by Washington state's high court that barred the officers from litigating their state court privacy claims using John Doe pseudonyms.
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April 15, 2025
Microsoft, Okta Say Their Password Products Don't Infringe IP
Microsoft Corp. and information technology service management company Okta Inc. asked a California federal judge Monday for declarations that their password-generating products don't infringe a San Francisco company's patent covering a method for issuing time-based, one-time passwords.
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April 15, 2025
Dems Back Ex-FTC Commissioners In Firing Suit
Most of the sitting Democrats in Congress have thrown their support behind a lawsuit challenging the president's recent firing of two Federal Trade Commission members, telling a D.C. federal court the commission is meant to be an independent bipartisan agency.
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April 15, 2025
Insurer Says Law Firm's $1.5M Cyber Loss Isn't Covered
A law firm isn't owed additional coverage after hackers allegedly stole more than $1.5 million intended for an attorney who had partnered with the firm on a personal injury case, its cyber insurer said, asking a Washington federal court to dismiss the bulk of the claims.
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April 15, 2025
Public Roads, Public Data, Cos. Say Of Drivers' Privacy Claims
General Motors, OnStar and other companies facing multidistrict litigation accusing them of collecting driving data and selling it without user consent have urged a Georgia federal court to dismiss the claims, arguing that driving data is public because driving happens on public roads.
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April 15, 2025
How An Apple Exec's Attys Turned A Bribe Charge Into 'Vapor'
When jurors ruled this month that an Apple executive's promise to donate iPads to the local sheriff's department was not a bribe, it appeared to vindicate a defense strategy of calling no witnesses and painting the case as fundamentally flawed.
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April 15, 2025
Submarine Cable Rules Need To Follow NIST, Feds Told
Companies that use undersea cables should have flexibility in how they develop their individual cybersecurity plans — as long as those plans comply with the framework laid out by the government's National Institute of Standards and Technology, a trade group is telling the Federal Communications Commission.
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April 15, 2025
NJ Judicial Privacy Law Is Unconstitutional, 3rd Circ. Told
A group of data brokers told the Third Circuit that the New Jersey judicial privacy measure, Daniel's Law, is facially unconstitutional and that a federal district judge effectively "rewrote" it when he found otherwise.
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April 15, 2025
Pharma Tech Firm Hit With Class Claims Over Data Breach
Pharmacy technology company CPS Solutions LLC allegedly failed to implement "basic data security practices" like encrypting patient information before a cybercriminal got into its email system in December, according to a new proposed class action filed in Ohio federal court.
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April 14, 2025
Ransomware Payouts, Forensic Costs Falling, Law Firm Says
The measures that companies are putting in place to guard against ransomware attacks are starting to pay off, with the amount that's being doled out to contain the impact of these incidents and the cost of forensic investigations dropping last year, according to a new BakerHostetler report.
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April 14, 2025
Coinbase Wants 3rd Circ. To Look At Share Traceability Ruling
Coinbase has asked a New Jersey federal judge to let the Third Circuit immediately review the court's decision to allow an investor class action to proceed, saying it runs contrary to Fifth and Ninth circuit rulings concerning the traceability of share purchases, particularly in companies like Coinbase that went public via a so-called direct listing.
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April 14, 2025
Linking Friends No Longer Meta's Focus, Zuckerberg Says
Meta Platforms CEO Mark Zuckerberg testified Monday that the social media giant is no longer solely focused on connecting friends and family, arguing on the first day of the Federal Trade Commission's monopolization trial that the company has broader focus and faces more competition than the FTC claims.
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April 14, 2025
Apple Wants Renewed Cloud Storage Monopoly Suit Tossed
Apple has urged a California federal court to toss the latest version of a proposed class action alleging it gives its iCloud service an advantage over third-party cloud storage providers, saying it limits certain remote-backup features for security and privacy.
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April 14, 2025
Verizon Says Unlocking Rules Are Boon To Crime Rings
Verizon is asking the Federal Communications Commission to allow carriers to wait longer before unlocking customers' devices, telling the agency that device locking is one of the only effective tools for combating phone trafficking crime rings.
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April 14, 2025
Industry Seeks Tougher Laws To Fight Cable Theft, Vandalism
State and local officials should enact more effective laws to fight the growing theft and vandalism of cable infrastructure, according to a new industry report.
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April 14, 2025
4th Circ. Asked To Rethink Credit Union's Liability In Scam
A metal fabricator asked the full Fourth Circuit to rethink a panel decision finding a credit union cannot be held liable for a scammer's use of its services to swindle the fabricator out of $560,000, saying the majority should have deferred to the district court's findings about the scheme.
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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.
Expert Analysis
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Navigating The Use Of AI Tools In Workplace Investigations
Excerpt from Practical Guidance
Artificial intelligence tools can be used in workplace investigations to analyze evidence and conduct interviews, among other things, but employers should be aware of the legal and practical risks, including data privacy concerns and the potential for violating antidiscrimination laws, say attorneys at Fisher Phillips.
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Series
NY Banking Brief: All The Notable Legal Updates In Q1
The most noteworthy developments from the first quarter of the year in New York financial services include newly proposed regulations on overdraft fees, a groundbreaking settlement by the state attorney general, and a potentially precedent-setting opinion regarding the Electronic Fund Transfer Act, say attorneys at Quinn Emanuel.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Justices' TikTok Ruling Sets Stage For 1st Amendment Battle
The U.S. Supreme Court's landmark ruling upholding a law requiring TikTok's sale sets the stage for an inevitable clash between free speech and government interests and signals that future cases will turn on whether a regulation poses a substantial burden on speech, say attorneys at Dykema.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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2 Recent Federal Decisions Affecting State CIPA Cases
Two recent cases may help stem the tide of the ever-increasing number of California Invasion of Privacy Act complaints filed in federal court, but won't prevent plaintiffs from filing in state courts, so companies need to shift their focus from Article III standing to statutory standing, says Matthew Pearson at Womble Bond.
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Paul Atkins' Past Speeches Offer A Glimpse Into SEC's Future
Following Paul Atkins' Thursday Senate confirmation hearing, a look at his public remarks while serving as a commissioner at the U.S. Securities and Exchange Commission between 2002 and 2008 reveals eight possible structural and procedural changes the SEC may see once he likely takes over as chair, say attorneys at Covington.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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Executive Orders Paving Way For New Era Of Crypto Banking
Recent executive orders have already significantly affected the day-to-day operations of financial institutions that have an interest in engaging with digital assets, and creating informed strategies now can support institutions as the crypto gates continue to open to the banking industry, say attorneys at Spencer Fane.
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Retirement Plan Suits Show Value Of Cybersecurity Policies
Several data breach class actions that were recently filed against retirement plan administrator The Pension Specialists in Illinois federal court are a reminder that developing and following a good written cybersecurity policy provides a blueprint for compliance and may prevent lawsuits, says Carol Buckmann at Cohen & Buckmann.
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Explaining CFPB's Legal Duties Under The Dodd-Frank Act
While only Congress can actually eradicate the Consumer Financial Protection Bureau, the Trump administration has sought to significantly alter the agency's operations, so it's an apt time to review the minimum baseline of activities that Congress requires of the CFPB in Title X of the Dodd-Frank Act, say attorneys at Bradley Arant.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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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.