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Cybersecurity & Privacy
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February 07, 2025
SolarWinds Accepts $4.4B Sale To PE Firm Turn/River Capital
SolarWinds said Friday it has agreed to be sold to Turn/River Capital for $4.4 billion, marking a notable turnaround for a company that came back from a consequential 2020 data breach to become what its CEO told Law360 is now "one of the most secure software companies."
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February 07, 2025
Virginia Senate Looks To Ban Sale Of People's Location Data
Virginia is on its way to banning the sale of data that can pinpoint a person's location, even if they consented to it, after the state's Senate voted 35-5 to tweak its privacy statute to outlaw the purchase of precise location data.
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February 07, 2025
CFPB's Medical Debt Rule Halted For 90 Days By Texas Judge
A Texas federal judge has issued a 90-day halt on an approaching effective day for a Consumer Financial Protection Bureau rule banning medical debt from credit reports, a day after the agency's new leadership said it needed time to consider the rule trade groups have sued to end.
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February 07, 2025
Meta's $725M Deal Downplays Potential Liability, 9th Circ. Told
A group of objectors urged the Ninth Circuit on Friday to vacate Meta Platform Inc.'s $725 million settlement resolving privacy claims over the Cambridge Analytica data harvesting scandal, arguing the trial judge failed to fully consider the minimum $250 billion statutory damages award that could have been awarded if class counsel won at trial.
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February 07, 2025
Insurers Say Meta MDL Row Should Be In Del. State Court
Coverage litigation with Meta over underlying claims that it deliberately designed its platforms to be addictive to adolescents ought to take place in Delaware state court, units of Chubb and Hartford told a Delaware federal court, arguing the court need only examine the fact that Meta is a Delaware citizen.
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February 07, 2025
Cybersecurity & Privacy Group Of The Year: Latham
Latham & Watkins LLP delivered a heavy hit last year to the U.S. Securities and Exchange Commission's efforts to expand regulatory authority over public companies' cybersecurity practices, winning a landmark victory for SolarWinds Corp. and landing it a spot as one of the 2024 Law360 Cybersecurity & Privacy Groups of the Year.
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February 07, 2025
2nd Circ. Doubts Police Misused 'Sense-Enhancing' iPhone
Judges of the Second Circuit sounded highly skeptical Friday that police in Connecticut had illegally searched a suspect's car by using an Apple iPhone's camera function to peer through his tinted windows, comparing the technology to commonplace methods of enhancing vision like flashlights.
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February 06, 2025
State AGs To Sue Over DOGE Access To Payment Systems
Over a dozen state attorneys general are set to file suit challenging Elon Musk and Department of Government Efficiency staffers' access to people's sensitive personal information through government payment systems, New York Attorney General Letitia James' office announced Thursday.
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February 06, 2025
House Bill Aims To Ban DeepSeek On Gov't Devices
A pair of U.S. House lawmakers on Thursday rolled out bipartisan legislation that would prohibit the installation of Chinese company DeepSeek's chatbot app on government-issued devices, citing "alarming" national security threats similar to those that have propelled efforts to ban video app TikTok nationwide.
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February 06, 2025
Fla. Panel Rules Atty Imposter Scam Suit Had Invalid Service
A Florida appellate court has reversed a judgment against a New Jersey real estate agent who was accused in a lawsuit of posing as an attorney and intercepting a $930,000 wire transfer meant to close on a Miami-area property, saying service was invalid.
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February 06, 2025
Travelers' $6M Data Breach Settlement Nabs Final OK
A New York federal judge gave a final stamp of approval to a $6 million deal ending a proposed class action alleging Travelers failed to protect people's personally identifiable information prior to a 2021 data breach.
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February 06, 2025
Top Groups Lobbying The FCC
The Federal Communications Commission heard from interest groups and companies around two dozen times in January, on issues ranging from consumer consent to receive telemarketing calls to UScellular's contested $4.4 billion plan to sell its wireless operations to T-Mobile.
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February 06, 2025
Sam Altman Calls Musk's Claim Of Ban On Rivals 'False'
OpenAI CEO Sam Altman said the key claim made in a preliminary injunction request from Elon Musk in their ongoing investment spat is false, saying in a new declaration that he never told OpenAI investors that they wouldn't be able to invest in the company if they also invested in Musk's xAI.
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February 06, 2025
Western Digital Seeks To Toss SPEX $553M Patent Verdict
Western Digital asked a California federal judge Wednesday to throw out a jury's $316 million verdict that was later increased to $553 million, which held that the data storage company infringed a SPEX Technologies' patent related to hardware encryption technology, saying SPEX did not prove infringement.
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February 06, 2025
JPMorgan's State Trade Secret Data Row Claim Axed, For Now
A federal judge in Delaware has ruled that JPMorgan Chase & Co. sufficiently alleged Argus Information & Advisory Services violated a federal trade secrets law by allegedly misusing anonymized credit card data collected from banks, but said JPMorgan's contention Argus violated a Delaware trade secret law could not stand.
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February 06, 2025
FTC GOP Focusing On Merger 'Friction,' AI, 'Censorship'
Federal Trade Commission Republicans are beginning to signal their Trump-era policies, including a friendlier approach to mergers with fewer challenges based on "weak or factually unsupported theories," a more hands-off take on artificial intelligence, and a heavy emphasis on combating alleged online censorship of conservatives.
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February 06, 2025
Texas' Google Ad Tech Trial Delayed From March To August
A Texas federal judge has pushed back the trial date for a group of Texas-led states' antitrust suit against Google over its digital advertising business, moving the scheduled start from March to August.
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February 06, 2025
Allstate Collected, Sold Driver Data, Suit Alleges
Allstate unlawfully collected the driving data of at least 45 million policyholders through software integrated in third-party mobile apps, using information about their driving behavior as a basis for denying coverage, hiking up auto insurance premiums, or dropping them from coverage altogether, according to a proposed class action filed in Illinois federal court Wednesday.
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February 06, 2025
US To Appeal Block On Corporate Transparency Act
The federal government plans to challenge an order preventing it from enforcing the Corporate Transparency Act's reporting requirements for businesses, following the U.S. Supreme Court's pause of another nationwide block on the law in a separate case, according to a notice filed in a Texas federal court.
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February 06, 2025
Musk's Access To Records Blocked In DOGE, Treasury Suit
A Washington, D.C., federal judge on Thursday approved a consent order blocking Elon Musk and additional Department of Government Efficiency employees from accessing the federal government's payment systems, although a "special government employee" will have limited access as the Treasury Department and suing plaintiffs spar over a preliminary injunction.
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February 06, 2025
Cybersecurity & Privacy Group Of The Year: Keker
Keker Van Nest & Peters LLP successfully secured a $62 million settlement while resolving six proposed class action suits against Google, freeing the tech giant from many consumer privacy claims and pumping vast funding to internet privacy nonprofits, earning it a spot among the 2024 Law360 Cybersecurity & Privacy Groups of the Year.
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February 06, 2025
Carr Names Project 2025 Co-Author As FCC General Counsel
A Michigan State University law professor and onetime Jones Day litigator known for his involvement in Project 2025 and criticism of Big Tech will serve as the Federal Communications Commission's top lawyer.
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February 06, 2025
Trump's Federal Worker Buyout Plan Put On Hold
A Massachusetts federal judge on Thursday put on hold the Trump administration's "deferred resignation" program for federal employees, delaying the deadline for workers to accept the offer until Monday while the court weighs the legality of the move.
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February 05, 2025
Bill To Restrict Kids' Social Media Use Heads To Full Senate
The U.S. Senate Commerce Committee on Wednesday easily advanced legislation that would ban kids under 13 from accessing social media and prevent providers from feeding personalized content to users under 17, although the measure faces opposition from advocacy groups that say the proposal would unconstitutionally restrict free speech.
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February 05, 2025
FCC To Launch Spectrum Sale, Eyes More C-Band Use
The FCC's new Republican chief said Wednesday the agency will kick off rules for a new spectrum sale authorized by Congress and consider a plan to eventually open more midband airwaves in the C-band for private sector use.
Expert Analysis
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Impact Of Corporate Transparency Act Ambiguity On Banks
Even though banks generally needn't file beneficial ownership information reports, financial institutions must continue to monitor the status of the Corporate Transparency Act and understand its requirements in case the nationwide injunction that was issued against the CTA earlier this month is overturned, say attorneys at Armstrong Teasdale.
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What 2024 Trends In Marketing, Comms Hiring Mean For 2025
The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.
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Expect Continuity In 2025 Anti-Money Laundering Policy
The past year has seen a range of anti-money laundering actions from federal financial regulators, and notwithstanding the imminent change from the Biden administration to the Trump administration, continuity may be more prevalent than change in the AML compliance space in 2025, say attorneys at White & Case.
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5 Notable Anti-Money Laundering Actions From 2024
Regulators' renewed interest in anti-money laundering programs in 2024 led to numerous enforcement actions and individual prosecutions in industries like banking, cryptocurrency and gaming, including the blockbuster TD Bank settlement and investigations of casinos in Nevada, says Michael Beckwith at Dickinson Wright.
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Series
Group Running Makes Me A Better Lawyer
The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.
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Opinion
6 Changes I Would Make If I Ran A Law School
Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.
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The Current State Of Play Around Corporate Transparency Act
Although a Texas court preliminarily enjoined enforcement of the Corporate Transparency Act and paused an impending Dec. 31 reporting deadline, multiple states have similar requirements, so companies should continue to monitor compliance obligations regardless of the CTA's constitutionality, say attorneys at Simpson Thacher.
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Using Data To Inform Corporate Disclosure Decisions
With today’s market volatility and regulatory factors requiring public companies to confront competing transparency and protection demands, incorporating stock price reaction analysis of company-specific news into the controller's role could be beneficial for disclosure determinations, say Liz Dunshee at Fredrikson & Byron and Nessim Mezrahi at SAR.
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How CFPB Rule Would Affect Data Brokers And Beyond
The Consumer Financial Protection Bureau recently proposed a rule that would not only expand data broker oversight by classifying many as consumer reporting agencies, but would also impose new limitations on companies seeking to obtain information from them, potentially requiring such entities to alter their business models, say attorneys at Orrick.
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Firms Still Have The Edge In Lateral Hiring, But Buyer Beware
Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.
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Reviewing 2024's State Consumer Privacy Law Enforcement
While we are still in the infancy of state consumer privacy laws, a review of enforcement activity this year suggests substantial overlaps in regulatory priorities across the most active states and gives insight into the likely paths of future enforcement, says Thomas Nolan at Quinn Emanuel.
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5th Circ. Crypto Ruling Shows Limits On OFAC Authority
The Fifth Circuit's recent decision that immutable smart contracts on the Tornado Cash crypto-transaction software protocol are not "property" subject to Office of Foreign Assets Control jurisdiction may signal that courts can construe OFAC's authority more restrictively after Loper Bright, say attorneys at Morgan Lewis.
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Preparing For The New Restrictions On Investment Into China
In light of a new regulatory program governing U.S. investments in China-related technology companies of national security concern, investors should keep several considerations in mind, including the rules' effect on existing and new investments, compliance hurdles, and penalties for noncompliance ahead of the rules' January implementation, say attorneys at Gunderson Dettmer.
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Risk Disclosure Issue Remains After Justices Nix Meta Case
After full briefing and argument, the U.S. Supreme Court recently dismissed Facebook v. Amalgamated Bank as improvidently granted, leaving courts with the tricky endeavor of determining when the failure to disclose a past event in an Item 105 risk disclosure is materially misleading, say attorneys at Lowenstein Sandler.
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Think Like A Lawyer: 1 Type Of Case Complexity Stands Out
In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.