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Cybersecurity & Privacy
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April 02, 2025
Calif. Panel Questions Hacking Case Against Ex-Prosecutor
A California appeals panel probed Wednesday whether criminal charges were properly brought against a former top prosecutor at the Los Angeles County District Attorney's Office for improperly using confidential sheriff's deputy files, with one judge observing that the case applies an "awfully broad understanding" of a hacking statute.
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April 02, 2025
Signal Steals The Show At Cybersecurity Oversight Hearing
Democrats and Republicans faced off Wednesday morning at a House Subcommittee on Military and Foreign Affairs hearing over how to prevent state-sponsored cyberattacks, crossing swords over whether Democrats were "politicizing" the hearing by bringing up the recent Signal app leak of plans to attack targets in Yemen.
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April 02, 2025
'You Sound Like Tobacco Cos.,' 9th Circ. Judge Tells Tech Atty
A Ninth Circuit judge expressed doubts Wednesday about a tech trade group's effort to preliminarily block California from enforcing a new law barring platforms from using algorithms to deliver addictive feeds to children, telling the group's counsel that social media might be worse than a carcinogen and "you sound like the tobacco companies."
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April 02, 2025
Experian Says CFPB Suit Is Too Late, Too Flawed To Proceed
Experian asked a California federal court Tuesday to throw out a Consumer Financial Protection Bureau lawsuit accusing it of mishandling consumer credit reporting disputes, arguing the case is an overblown, untimely "attempt to legislate through enforcement."
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April 02, 2025
Zoll Gets Parts Of Data Breach Class Action Tossed
A Massachusetts federal judge released Zoll Medical Corp. from some claims brought by a proposed class of medical device customers whose personal data was released after two ransomware attacks, but kept alive claims of negligence, unjust enrichment and others.
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April 02, 2025
Jailed IRS Leaker Says Judge 'Predetermined' Sentence
The IRS contractor imprisoned for leaking thousands of tax returns, including those of President Donald Trump, to national media outlets asked the D.C. Circuit to rescind his sentence, saying a federal judge held off-the-record meetings that revealed her determination to deliver the maximum punishment.
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April 02, 2025
At AI Hearing, House Lawmakers Seek Regulatory Balance
Lawmakers on the House Judiciary Committee grappled with how antitrust regulators should approach the artificial intelligence industry Wednesday, with Republicans and industry advocates warning that heavy-handed enforcement could thwart America's lead in the industry and Democrats wondering what had changed from when AI leaders sought more governmental guardrails.
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April 02, 2025
Microsoft Ad Platform Allows Illegal Surveillance, Suit Says
Microsoft has been targeted in a proposed class action that alleges it uses software and an advertising and analytics platform to illegally track sensitive private information and the browsing histories of hundreds of millions of people in violation of federal and California privacy laws.
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April 02, 2025
Orthodontic Software Co. Hit With Data Breach Class Action
An orthodontic software company has been hit with a proposed class action in Georgia federal court over a November data breach in which the names, birth dates, medical records, insurance information, payment card data and Social Security numbers of its clients' patients were stolen by hackers.
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April 02, 2025
Walgreens Ignoring Requests To Stop Emails, Suit Says
Walgreens floods customers' inboxes with "incessant spam" and ignores any attempt to unsubscribe from the retailer's mailing list, according to a proposed class action filed in Massachusetts state court.
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April 02, 2025
Evolve Bank Reaches $11.8M Deal Over 2024 Data Breach
Evolve Bank & Trust, a prominent fintech partner bank, has agreed to an $11.8 million settlement to resolve claims in a consolidated suit that it failed to properly protect customers' private information and notify them following a cyberattack last year.
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April 01, 2025
Streaming Service Can't Drop Privacy Suit Over Data Sharing
A California federal judge refused to cut federal and state video privacy claims from a putative class action accusing movie streaming provider Mubi of secretly tracking and sharing subscribers' video-viewing histories with third parties such as Meta, rejecting arguments that the plaintiffs lacked standing and adequate support for their allegations.
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April 01, 2025
Ark. Law Limiting Kids' Social Media Use Struck Down
Arkansas' law limiting minors' social media access is a "content-based restriction on speech" that violates platform users' First Amendment rights and is unconstitutionally vague, a federal judge ruled Monday, striking down the law that requires parental permission and age checks to access certain online platforms.
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April 01, 2025
Dominion Voting System Challenge Tossed After A Year Wait
More than a year after a 17-day bench trial in early 2024, a Georgia federal judge has dismissed a lawsuit challenging the legality of the state's electronic in-person voting system, finding the plaintiffs lacked standing to assert they were injured by the use of the devices.
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April 01, 2025
Meta Can't Narrow Health Privacy Suit Scope, Consumers Say
Two consumers who claim that Meta secretly collected their health information data through an "invisible tracker" on third-party websites told a California federal judge Tuesday that the social media giant is improperly trying to narrow their proposed class action to cover just one third-party health website.
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April 01, 2025
FCC Says Scammers Are Targeting Chinese Community
Chinese-Americans have been receiving calls from bad actors attempting to line their own pockets by posing as insurance company employees and government officials in order to get personal information or cash payments, the FCC is warning.
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April 01, 2025
Plaintiff Can't Sue TransUnion After High Court Ruling
An Illinois appellate panel affirmed the dismissal of a Fair Credit Reporting Act complaint filed by a man who was dismissed from federal class action litigation against TransUnion after a U.S. Supreme Court landmark decision, rejecting the plaintiff's argument that he pursued the claims in a timely manner.
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April 01, 2025
SPEX Rips Western Digital Bid To Undo $553M Patent Loss
SPEX Technologies Inc. has pushed back at Western Digital Corp.'s attempt to have a California federal judge throw out a $553 million award in a patent infringement case, saying that Western Digital "faults everyone but itself."
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April 01, 2025
Hartford Unit Freed From Ill. Agency's $4M Wire Fraud Suit
An Illinois agency that administers the estates of financially distressed insurers can't get coverage from a Hartford unit for a computer system breach that the agency said caused roughly $4 million in outstanding losses, a federal court ruled, finding its claims fall outside an "electronic mail initiated fraud" coverage provision.
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April 01, 2025
IBM And J&J Beat 'Speculative' Data Breach Suit, For Now
A New York federal judge has tossed with leave to amend a proposed class action alleging IBM and Johnson & Johnson's healthcare arm failed to safeguard sensitive health information of thousands of patients before a 2023 data breach, finding the purported harm is "entirely speculative" as currently alleged.
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April 01, 2025
House GOP Infighting Delays Push To Repeal 2 CFPB Rules
Plans for the U.S. House to vote on overturning two Biden-era Consumer Financial Protection Bureau rules were scuttled Tuesday by an unrelated fight among Republicans about whether to allow proxy voting for lawmakers with infant children.
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April 01, 2025
Prudential Beats Life Insurance Applicant's GIPA Suit
A Prudential life insurance applicant cannot pursue genetic information privacy claims after being required to undergo a physical exam and detail her family's medical history, as the state law she cites does not apply to life insurance underwriting, an Illinois federal judge said on Monday.
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April 01, 2025
Ex-DHS Intel Head To Lead Mayer Brown Investigations Team
The former leader of the U.S. Department of Homeland Security's intelligence office has joined Mayer Brown LLP to help lead its global investigations and white collar defense practice — a role that he says allows him to join forces with attorneys whom he's known for years.
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April 01, 2025
Md. Credit Union Didn't Protect Sensitive Info, Customer Says
Lafayette Federal Credit Union was hit with a proposed class action from a customer in Maryland federal court alleging the credit union failed to protect customers' personal information from malicious actors in a September breach despite being aware it was at risk of an attack.
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March 31, 2025
Wells Fargo Sued Over Online Wire Fraud Protections
Wells Fargo has been hit in by a proposed class action California federal court accusing the bank of leaving its online and mobile banking customers exposed to costly losses from fraudulent wire transfers.
Expert Analysis
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Ga. Tech Case Shows DOJ Focus On Higher Ed Cybersecurity
The Justice Department’s ongoing case against the Georgia Institute of Technology demonstrates how many colleges and universities may be unwittingly exposed to myriad cybersecurity requirements that, if not followed, could lead to False Claims Act liability, say attorneys at Woods Rogers.
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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Critical Steps For Navigating Intensified OFAC Enforcement
The largely overlooked SkyGeek settlement from the end of 2024 heralds the arrival of the Office of Foreign Assets Control's long anticipated enhanced enforcement posture and clearly demonstrates the sanctions-compliance benefits of immediately responding to blocked payments, says Jeremy Paner at Hughes Hubbard.
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Unpacking HHS' Proposal To Amend HIPAA Security Rule
While the U.S. Department of Health and Human Services' proposal to amend the Health Insurance Portability and Accountability Act's security rule could face scrutiny under the Trump administration, it reflects a clear concern over health data security and could push entities to implement operational changes, say attorneys at Sheppard Mullin.
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.
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Managing Transatlantic Antitrust Investigations And Litigation
As transatlantic competition regulators cooperate more closely and European antitrust investigations increasingly spark follow-up civil suits in the U.S., companies must understand how to simultaneously juggle high-stakes multigovernment investigations and manage the risks of expensive new claims across jurisdictions, say lawyers at Paul Weiss.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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Engaging With Feds On Threats To Executives, Employees
In an increasingly polarized environment, where companies face serious concerns about how to protect executives and employees, counsel should consider working with federal law enforcement soon after the discovery of threats or harassment, says Jordan Estes at Gibson Dunn.
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Drug Cartels' Terrorist Label Raises Litigation Risk For Cos.
President Donald Trump's planned designation of some Latin American drug-trafficking groups as foreign terrorist organizations creates an additional and little-noticed source of legal exposure: U.S. civil litigation risk involving terrorism claims by victims of those groups, say attorneys at Covington.
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Best Practices To Optimize Cybersecurity Insurance
As cyberthreats continue to evolve, the risks associated with third-party vendor breaches are an increasing concern, so businesses must not only reevaluate their internal cybersecurity insurance, but also take proactive steps to evaluate and manage the risks posed by their third-party relationships, say attorneys at Reed Smith.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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A Halftime Analysis Of DOJ's Compensation Pilot Program
The U.S. Department of Justice appears to consider the first half of its three-year pilot program on compensation incentives and clawbacks to be proceeding successfully, so companies should expect prosecutors to emphasize the program and other compliance-related considerations early in investigations, say attorneys at Debevoise.
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Top 10 Healthcare And Life Sciences Issues To Watch In 2025
Under the new Trump administration, this coming year may benefit some healthcare and life sciences stakeholders, while creating new challenges for others amid an increasingly complex regulatory environment, say attorneys at Debevoise.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.