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Cybersecurity & Privacy
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March 06, 2025
Hunter Biden Seeks To Drop Data Hack Suit Over Money Woes
Hunter Biden on Wednesday requested that a California federal court let him dismiss his lawsuit accusing a former Trump White House aide of hacking his data as part of a campaign targeting the Biden family, saying "significant debt in the millions of dollars range" has left him unable to continue litigation.
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March 06, 2025
NJ Developer, Conn. Atty Settle Suit Over Alleged $1.4M Scam
A New Jersey real estate developer and Connecticut attorney Carole W. Briggs have settled a federal lawsuit that accused the lawyer and an associate of pulling off a business email compromise scam that caused more than $1.4 million in losses, court records show.
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March 06, 2025
Apple Tells DC Circ. Google Search Fixes Change Incentives
Apple has told the D.C. Circuit that it did not know the U.S. Department of Justice would go as far as it did with its proposed fixes in the Google search antitrust case, and it moved to intervene as soon as it became clear the two companies have opposing interests under the government's proposal.
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March 06, 2025
Citi's Appeal Gamble Is A Loser For All, NY AG Says
New York's attorney general has urged a Manhattan federal judge to deny Citibank's bid to appeal the judge's decision allowing the state's wire transfer fraud protection case against the bank to proceed, arguing that an immediate appeal would not benefit any party, even the bank.
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March 06, 2025
Energy Engineering Firm ENGlobal Files Ch. 11 With $9M Debt
Engineering firm ENGlobal Corp., which focuses on assisting the energy sector, filed for Chapter 11 protection with a group of subsidiaries in Texas and carrying nearly $9 million in debt.
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March 06, 2025
Holland & Knight Adds Partner Who Was FBI General Counsel
The FBI has lost its general counsel, who has joined Holland & Knight LLP as a partner in its national security and defense industry group, the firm announced Thursday.
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March 06, 2025
Mich. Legislators Advance Bill To Increase Judges' Safety
A Michigan bill aimed at protecting state and federal judges' personal information from public disclosure was advanced Thursday as lawmakers showed support for the need to safeguard judges' residential addresses and other data due to a "deeply concerning uptick" of threats against judicial officers.
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March 06, 2025
Fed. Circ. Nixes Portion Of VA Rule Authorizing Inspections
A Federal Circuit panel on Thursday axed part of a U.S. Department of Veterans Affairs rule that allowed it to inspect computer hardware and software and even the physical locations that people use to remotely access its electronic benefit management systems.
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March 05, 2025
Utah Poised To Be 1st To Require App Stores To Verify Ages
Utah lawmakers on Wednesday sent to the governor's desk first-of-its-kind legislation that would require app stores such as the ones operated by Apple and Google to verify users' ages and block those who are under 18 from downloading apps or making in-app purchases without parental consent.
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March 05, 2025
Accused Tax Prep Hacker Faces Refund Fraud Case In Boston
A Nigerian national accused of conspiring to use stolen taxpayer information and reaping $1.3 million in phony returns has been extradited to the United States to face charges of breaking into Massachusetts tax preparation firms' computer networks, Boston federal prosecutors said.
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March 05, 2025
GOP Bid To Nix CFPB Payment Oversight Rule Clears Senate
The U.S. Senate on Wednesday passed a measure to nullify the Consumer Financial Protection Bureau's Biden-era digital payments supervision rule, advancing a Republican effort to block the agency from exercising greater oversight of big payment app providers.
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March 05, 2025
Wash. Hospital Patient's Pixel Privacy Suit Survives Dismissal
A Washington federal judge said Tuesday that a patient has shown how an Evergreen State hospital allegedly shared her personal health information by installing Facebook browser tracking tools on its website, preserving one of her claims while giving her a final shot at revising several others.
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March 05, 2025
12 Chinese Nationals Charged With Hacking Scheme
The U.S. Department of Justice announced it has charged 12 Chinese nationals who it alleges were employed as contractors by a shell company that ran hacking operations against dissidents of the Chinese government and against multiple foreign ministries of other governments in Asia.
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March 05, 2025
Alex Jones Escapes Immediate Sandy Hook Payment Bid
Bankrupt Infowars host Alex Jones has escaped a request to immediately pay more than $1 billion to the families of Sandy Hook Elementary School victims who sued him for defamation, the Connecticut Appellate Court has ruled.
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March 05, 2025
Pot Co. Hit With Class Action Over Unwanted Mass Texts
A California man is suing a dispensary and cannabis delivery service in federal court, alleging that it has violated the Telephone Consumer Protection Act by repeatedly sending unsolicited marketing text messages.
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March 04, 2025
Musk Fails To Block OpenAI From Turning Into For-Profit Entity
A California federal judge on Tuesday denied Elon Musk's bid to preliminarily bar OpenAI Inc. from converting into a for-profit entity, saying that a threshold question of whether Musk's over $44 million in donations created a charitable trust was a "toss-up."
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March 04, 2025
Sens. Again Push Bill To Boost Online Protections For Teens
A bipartisan pair of U.S. senators on Tuesday revived a longstanding legislative proposal that would expand digital privacy protections to cover teens between the ages of 13 and 16, ban targeted advertising to minors and require companies to enable the erasure of underage users' personal information.
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March 04, 2025
Rite Aid Agrees To Pay $6.8M In Deal Over 2024 Data Breach
Rite Aid has agreed to a $6.8 million settlement to resolve proposed class action claims it failed to prevent a cyberattack that compromised over 2 million customers' highly sensitive information, offering up to $10,000 per claimant for documented losses, a preliminary approval order filed Tuesday in Pennsylvania federal court states.
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March 04, 2025
Agencies Have 'Ultimate' Authority Over Firings, OPM Says
The Office of Personnel Management on Tuesday issued a revised version of its January memo directing agency heads to identify all probationary employees, adding a disclaimer that OPM "is not directing agencies to take any specific performance-based actions" and that agencies "have ultimate decision-making authority."
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March 04, 2025
Scientific American Publisher Can't Ax Meta Pixel Privacy Suit
A New York federal judge refused to dismiss a putative class action accusing publisher Springer Nature America Inc. of violating the Video Privacy Protection Act by sharing Scientific American subscribers' video viewing data with Meta Platforms Inc. via a tracking pixel.
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March 04, 2025
Blockchain Org. Wins $3.5M Fees From Trader's Seized Assets
Crypto project the ICON Foundation is set to receive $3.5 million in attorney fees and costs after it successfully turned the tables on a user who sued the project after it took action to freeze millions of tokens he created by exploiting a bug in the project's software.
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March 04, 2025
Annoyed Judge Says No New Trial For CenturyLink
Telecommunications company CenturyLink's hopes of getting a new trial on claims that it illegally ran people's credit reports have been dashed after an Arizona federal judge said he has already explained "ad nauseum" that it doesn't make sense to make all 56,000 class members prove that they didn't want their credit pulled.
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March 04, 2025
Health Providers Fight To Keep MultiPlan Pricing MDL Alive
Healthcare providers targeting MultiPlan and several major insurers with horizontal price-fixing claims argued Monday an Illinois federal judge should let their multidistrict litigation proceed because the defendants simply constructed a "strawman" to convince him to toss it.
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March 04, 2025
Insurer Says Claims Of Illegally Tracked Info Erase Coverage
An insurer for a fertility treatment provider told an Illinois federal court that an exclusion on the disclosure of personal information precludes commercial general liability coverage for a lawsuit accusing the provider of unlawfully installing tracking technologies to collect website users' private information.
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March 04, 2025
AG Asks Mich. High Court To Preserve Anti-Terrorism Law
Michigan's attorney general asked the state Supreme Court to put on hold a ruling striking down the state's anti-terrorist threat law as unconstitutional, saying the ruling threatens to unravel ongoing prosecutions and hamper future responses to threats of violence.
Expert Analysis
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What To Expect From The New FCC Chair
As a vocal critic of the Federal Communications Commission's recent priorities, newly appointed chair Brendan Carr has described a vision for the agency that would bring significant changes to telecommunication regulation and Telephone Consumer Protection Act enforcement in the U.S., say attorneys at BCLP.
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4 Do's And Don'ts For Trial Lawyers Using Generative AI
Trial attorneys who use artificial intelligence tools should review a few key reminders, from the likelihood that prompts are discoverable to the rapid evolution of court rules, to safeguard against embarrassing missteps, says Nate Sabri at Perkins Coie.
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Defense Strategies For Politically Charged Prosecutions
Politically charged prosecutions have captured the headlines in recent years, providing lessons for defense counsel on how to navigate the distinct challenges, and seize the unique opportunities, such cases present, says Kenneth Notter at MoloLamken.
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Series
Competitive Weightlifting Makes Me A Better Lawyer
The parallels between the core principles required for competitive weightlifting and practicing law have helped me to excel in both endeavors, with each holding important lessons about discipline, dedication, drive and failure, says Damien Bielli at VF Law.
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11th Circ. TCPA Ruling Signals Erosion Of Judicial Deference
The U.S. Court of Appeals for the Eleventh Circuit recently came to the rescue of the lead generation industry, striking down new regulations that were set to go into effect on Jan. 27, a decision consistent with federal courts' recent willingness to review administrative decisions, say attorneys at Troutman.
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Inside The Uncertainty Surrounding CFPB's Overdraft Rule
The Consumer Financial Protection Bureau's overhaul of overdraft fee regulation hangs in limbo as the industry watches to see whether new leadership will repeal the rule, allow it to stay in place, or wait for congressional action or the courts to drive its demise, say attorneys at Alston & Bird.
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Dispelling 10 Myths About Health Provider-Based Compliance
Congress appears intent on requiring hospitals to submit provider-based attestations for all off-campus outpatient hospital locations, so now is the time for hospitals to prepare for this change by understanding common misconceptions about provider-based status and proactively correct noncompliance, say attorneys at McDermott.
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Employer Tips For Wise Use Of Workers' Biometrics And Tech
Excerpt from Practical Guidance
Employers that collect employee biometric data and operate bring-your-own-device policies, which respectively offer better corporate security and more flexibility for workers, should prioritize certain best practices to protect the privacy and rights of employees and safeguard sensitive internal information, says Douglas Yang at Sheppard Mullin.
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How Ill. Ruling Could Influence Future Data Breach Cases
The Illinois Supreme Court's recent decision in Petta v. Christie Business Holding, which was based solely on standing, establishes an important benchmark for the viability of Illinois-based lawsuits arising out of data security incidents that defendants can cite in future cases, say attorneys at Wilson Elser.
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Expect To Feel Aftershocks Of Chopra's CFPB Shake-Up
Publications released by Consumer Financial Protection Bureau personnel in the last days of the Biden administration outline former Director Rohit Chopra's long-term vision for aggressive state-level enforcement of federal consumer financial laws, opening the doors for states to launch investigations and pursue actions, say attorneys at Hudson Cook.
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Corp. Transparency Act's Future Under Treasury's Bessent
The Corporate Transparency Act’s ultimate fate faced uncertain terms at the end of 2024, but new U.S. Department of the Treasury Secretary Scott Bessent's statements and actions so far demonstrate that he does not intend to ignore the law, though he may attempt to make modifications, say attorneys at Taylor English.
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A Look At A Possible Corporate Transparency Act Exemption
Attorneys at Kirkland offer a deep dive into the application of the Corporate Transparency Act's reporting requirements specifically to U.S.-domiciled co-issuers in typical collateralized loan obligation transactions, and consider whether such issuers may be able to assert an exemption from the CTA's reporting requirements.
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Opinion
Inconsistent Injury-In-Fact Rules Hinder Federal Practice
A recent Third Circuit decision, contradicting a previous ruling about whether consumers of contaminated products have suffered an injury in fact, illustrates the deep confusion this U.S. Supreme Court standard creates among federal judges and practitioners, who deserve a simpler method of determining which cases have federal standing, says Eric Dwoskin at Dwoskin Wasdin.
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What Financial Intermediaries Can Expect From New Admin
Understanding the current regulatory landscape of consumer financial services — and anticipating how it might evolve under Trump 2.0 — is essential for brokers, lead generators and digital platforms, and they should consider strategies for managing regulatory uncertainty, say attorneys at Sheppard Mullin.
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Virginia AI Bills Could Serve As Nationwide Model
If signed into law, two Virginia bills focused on regulating the use of high-risk AI systems in the private and public sectors have the potential to influence similar legislation in other states, as well as the compliance strategies of companies operating in the commonwealth and across the U.S., say attorneys at Woods Rogers.