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Cybersecurity & Privacy
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March 14, 2025
Kraken Beats Suit Over Crypto Scam Losses, For Good
A California state judge permanently tossed a lawsuit Friday alleging lax security measures on the cryptocurrency exchange Kraken are to blame for a Los Angeles County man's loss of nearly $50,000 in a digital asset investment scam.
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March 13, 2025
Calif. Kids' Privacy Law Again Fails Constitutional Challenge
A California federal judge on Thursday again blocked the state from enforcing a landmark law requiring tech giants to bolster privacy protections for children, finding that a second review of the dispute didn't change the conclusion that tech trade group NetChoice was likely to succeed with its First Amendment challenge.
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March 13, 2025
Vought-Led CFPB Still Wants $43M Order In Debt Relief Case
The Consumer Financial Protection Bureau urged an Illinois federal judge Thursday to order the head of a defunct debt-relief company to pay $43 million in fines and restitution, sticking with a Biden-era request for penalties in the case.
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March 13, 2025
Bankers Seek 1-Year Waiver Of TCPA Consent Rule
Banking organizations asked the Federal Communications Commission for a one-year waiver of a consumer consent rule under the Telephone Consumer Protection Act that restricts their ability to make prerecorded calls and texts once consent has been revoked.
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March 13, 2025
NY AG James Pitches Bill To Expand Consumer Protection Law
New York Attorney General Letitia James on Thursday announced legislation that would expand the state's ban on deceptive business practices to also protect against unfair and abusive practices, an idea backed by Biden-era Federal Trade Commission and Consumer Financial Protection Bureau heads.
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March 13, 2025
Ex-FCC Chief Ajit Pai Named Wireless Group's CEO
President Donald Trump's first Federal Communications Commission chief Ajit Pai, who led the charge to repeal net neutrality during his first term, has been tapped as the new head of wireless trade group CTIA.
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March 13, 2025
FCC Creates New Nat'l Security Arm Focused On China
The Federal Communications Commission will operate a new organization within the agency focused solely on national security, particularly cybersecurity threats emerging from the Chinese government.
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March 13, 2025
Smartmatic Wants MyPillow CEO Held In Contempt
MyPillow CEO Mike Lindell hasn't paid the sanctions he owes to Smartmatic for filing "frivolous claims" against the voting systems company, Smartmatic told a D.C. federal judge in an effort to hold him in civil contempt.
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March 13, 2025
Who Is FCC Nominee Olivia Trusty? Here's What We Know
Republicans on the five-seat Federal Communications Commission need a critical third vote to push through many of the changes they envision for the nation's telecom policies, and the White House has chosen longtime Capitol Hill aide Olivia Trusty for the role.
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March 13, 2025
Lush Customer Can Pursue Privacy Class Action In California
Lush must face a proposed privacy class action in California for allegedly recording a woman's phone call with customer service without her permission, after a California federal court ruled Tuesday it had personal jurisdiction over the company since it had 35 retail locations in the state.
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March 13, 2025
Boston Firm, IT Vendor Settle Fight Over Data
Melick & Porter LLP has settled a suit accusing its former IT vendor of holding the Boston law firm's computer systems and data hostage during the transition to a new provider.
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March 13, 2025
9th Circ. Affirms Ex-Uber Exec's Conviction Over Data Breach
The Ninth Circuit on Thursday affirmed a former Uber security executive's conviction for attempting to cover up a data breach from government investigators, rejecting his challenges to the jury instructions and strength of the evidence.
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March 13, 2025
Swimsuit Pics App Maker Can't Revive Suit Against Facebook
California appellate justices on Wednesday refused to revive an app developer's contract breach suit alleging Facebook rescinded its commitment to provide third-party developers with access to user data, rendering his app for finding users' swimsuit photos unworkable, after concluding Facebook's terms expressly said it could limit developers' access to data.
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March 13, 2025
Alex Jones' Sandy Hook Atty Suspended Over Info Release
Former Alex Jones attorney Norm Pattis will be suspended from practicing law for two weeks, a Connecticut judge has ruled, capping a three-year ethics saga that started when Pattis asked an associate to send Sandy Hook families' medical records to the Infowars host's Texas bankruptcy lawyer.
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March 12, 2025
GOP Senators Take Aim At CFPB Medical Debt Rule
Republican senators have introduced a measure to overturn the Consumer Financial Protection Bureau's recent rule banning medical debt from credit reports, one of the latest Biden-era regulations to be targeted for legislative repeal.
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March 12, 2025
Judge Says Hospital Orgs.' Input Not Needed In Multiplan MDL
The Illinois federal judge handling multidistrict litigation targeting Multiplan's out-of-network reimbursement rates has rejected two hospital organizations' bid to weigh in as he considers whether he should dismiss the case.
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March 12, 2025
'Delete, Delete, Delete': DOGE-Linked Effort Launched At FCC
The nation's telecom rules will get a makeover to "delete" a lot of requirements the Federal Communications Commission has determined are no longer needed under an effort launched Wednesday by FCC Chair Brendan Carr.
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March 12, 2025
4th Circ. Won't Undo Health Data Access Order
A Fourth Circuit panel issued a ruling Wednesday that affirmed a lower court's order requiring PointClickCare to allow Real Time Medical Systems to access patient data that it uses to provide nursing facilities with alerts for potential medical complications.
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March 12, 2025
Adult Website Accused Of Giving Google Shoppers' Sexual Info
An adult website and an e-commerce solutions company illegally share the private sexual information such as the sexual orientation, fetishes and product preferences of the website's customers with third parties like Google to boost the companies' bottom lines, a proposed class action filed in California federal court has alleged.
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March 12, 2025
House GOP Blocks Oversight Of DOGE Taxpayer Info Access
House Ways and Means Committee Republicans rejected an attempt Wednesday by Democrats to force President Donald Trump's administration to hand over documents related to the Department of Government Efficiency's access to U.S. Treasury Department payment systems and confidential payment information.
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March 12, 2025
Final Google Fixes Keep Apple Payments, DOJ Tells DC Circ.
The U.S. Department of Justice doubled down on its arguments against permitting Apple to intervene in the upcoming remedies phase of its Google search monopoly lawsuit, arguing that the newly submitted final version of its sought fixes show Apple would keep getting payments it wants protected.
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March 12, 2025
White House Urged To Back Patent Eligibility Bill To Aid AI
The Council for Innovation Promotion has urged the Trump administration to support a legislative overhaul of patent eligibility law and reconsider patent office guidance on the issue as the White House aims to ensure the U.S. plays a dominant role in artificial intelligence.
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March 12, 2025
Calif. Privacy Agency Hits Honda Over Data Rights Handling
The California Privacy Protection Agency revealed Wednesday that American Honda Motor Co. has agreed to pay a $632,500 fine and make it easier for consumers to exercise their rights under the state's data privacy law in order to settle the first enforcement strike stemming from the agency's ongoing investigation into the data handling practices of connected car manufacturers.
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March 11, 2025
Kenvue Unit Can't Nix BIPA Suit Over Neutrogena Skin360 App
A Kenvue unit can't escape a proposed class action alleging it unlawfully stores facial scans of people who use its Neutrogena Skin360 tool in violation of Illinois' biometric privacy statute, after a New Jersey federal judge said those users are not "patient[s] in a healthcare setting" under the statute's healthcare exemption.
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March 11, 2025
Innodata Slams 'AI Washing' Shareholder Suit As Flimsy
Investors in data engineering company Innodata Inc. "essentially cut and pasted" claims from a short-seller's report on the company into their proposed class action accusing the company of "AI washing," despite the company's recovery from a related trading price dip, the company has argued.
Expert Analysis
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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The Securities Litigation Trends That Will Matter Most In 2025
2025 is shaping up to be a significant year for securities litigation, as plaintiffs and defendants alike navigate shifting standards for omission theories of liability, class certification, risk disclosure claims and more, say attorneys at Willkie.
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How White Collar Enforcement May Shift In Trump's 2nd Term
After President-elect Donald Trump returns to the White House next month, the administration’s emphasis on immigration laws, drug offenses and violent crime will likely reduce the focus on white collar crime overall, but certain areas within the white collar world may see increased activity, say attorneys at Keker Van Nest.
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Risk Management Takeaways From NIST's AI Symposium
Based on the National Institute of Standards and Technology's September artificial intelligence innovation symposium, companies should anticipate that laws and regulations safeguarding AI could take new forms and approaches that break the current mold, say attorneys at Eversheds Sutherland.
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New Trump Admin May Bring Financial Oversight Turbulence
As President-elect Donald Trump prepares to begin his second term, his top financial market regulatory and securities law enforcement appointees, campaign promises, and regulatory preferences foretell a period of muddy regulatory waters, say attorneys at Kroll.
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The Justices' Securities Rulings, Dismissals That Defined '24
The U.S. Supreme Court's 2024 securities rulings led to increased success for defendants' price impact arguments, but the justices' decisions not to weigh in on important issues relating to the Private Securities Litigation Reform Act's pleading requirements may be just as significant, say attorneys at Skadden.
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10 Noteworthy CFPB Developments From 2024
In a banner year for consumer finance regulation, the Consumer Financial Protection Bureau made significant strides in its efforts to rein in Big Tech and nonbank financial firms, including via rules regarding open banking, credit card late fees, and buy now, pay later products, say attorneys at Wiley.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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Data Privacy Landscape After Mass. Justices' Wiretap Ruling
In Vita v. New England Baptist Hospital, Massachusetts’ highest court recently ruled that the state’s wiretap law doesn’t prohibit all tracking of website user activity, but major financial and reputational risks remain for businesses that aren't transparent about customer’s web data, says Seth Berman at Nutter.
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Opinion
Justices Rightly Corrected Course In Nvidia And Facebook
By dismissing both the Nvidia and Facebook class actions, over investors' ability to hold corporations accountable for fraud, the U.S. Supreme Court was right in refusing to favor corporations over transparency, and reaffirmed its commitment to corporate accountability, investor protection and the rule of law, says Laura Posner at Cohen Milstein.
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Gov't Scrutiny Of Workplace Chat Apps Set To Keep Growing
The incoming Trump administration and Republican majorities in Congress are poised to open numerous investigations that include increasing demands for entities to produce communications from workplace chat apps, so companies must evaluate their usage and retention policies, say attorneys at Orrick.
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Unwrapping Retailer AI Risks Amid Holiday Shopping Season
While generative artificial intelligence tools can catalyze game-changing results for retailers looking to stay ahead of the competition during the holiday season, and year-round, it can also bring certain legal risks, including product liability concerns, say attorneys at King & Spalding.
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When US Privilege Law Applies To Docs Made Outside The US
As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.
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Changes To Expect From SEC Under Trump Nominee
President-elect Donald Trump's nomination of Paul Atkins for U.S. Securities and Exchange Commission chair will likely lead to significant shifts in the Division of Enforcement's priorities, likely focused on protecting retail investors and the stability of the capital markets, say attorneys at Morrison Foerster.