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Cybersecurity & Privacy
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February 05, 2025
11th Circ. Backs Navy Win In IT Worker's Promotion Bias Suit
The Eleventh Circuit upheld the U.S. Navy's defeat of a civilian tech employee's suit claiming he was passed over for several promotions because he was Hispanic and in his 50s, saying he failed to show that supervisors considered his age or race when making decisions.
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February 05, 2025
Ex-Ambassador To Hungary Returns To Jenner's NY Team
After serving as the U.S. ambassador to Hungary, David Pressman is returning to Jenner & Block LLP as a partner, a firm where he helped co-found the national security and crisis practice as well as the human rights and global strategy practice, the firm announced Monday.
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February 05, 2025
Meta Can't Ask Mass. AG To Dig Up Docs From State Agencies
The Massachusetts Attorney General's Office is not obligated to search for and turn over documents held by other state agencies that Meta Platforms is seeking in the state's lawsuit alleging Instagram is harming children and teens, a judge ordered.
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February 05, 2025
Lawmakers Vote To Advance Commerce Nominee Lutnick
Senate lawmakers on Wednesday morning voted to advance Wall Street financier Howard Lutnick's nomination as secretary of commerce, moving the Cantor Fitzgerald CEO one step closer to helming the department that oversees international trade, the U.S. Patent and Trademark Office and other agencies.
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February 04, 2025
Judge Asks If ZoomInfo Search Result Ads Violate Privacy
A Washington federal judge asked Tuesday if the use of a plaintiff's name to search ZoomInfo's vast database violated state privacy and publicity law because the search result included ads for other products.
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February 04, 2025
OpenAI Judge Rips Musk's 'Broad' Bid To Block For-Profit
A California federal judge indicated Tuesday she'll likely deny Elon Musk's bid to preliminarily block OpenAI Inc. from transitioning into a for-profit enterprise, criticizing Musk's filings for being vague and broad and saying she'll toss some claims, while adding "something is going to trial in this case."
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February 04, 2025
Google Gets OkCaller's 'Incoherent' Antitrust Claims Tossed
A Florida federal judge on Tuesday tossed for good antitrust claims from the company behind reverse phone number lookup website OkCaller.com, saying the newly amended suit does not rectify the previous problems, or if it does, the court cannot decipher the "incoherent" arguments.
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February 04, 2025
FCC Floats $4.4M Robocall Fine Against Telecom Network
The Federal Communications Commission on Tuesday proposed a fine of more than $4.4 million against a Chicago-based telecom that the agency accused of allowing government impostor calls on its network.
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February 04, 2025
LinkedIn Shares Users' Info With Meta And Adobe, Suit Says
LinkedIn has been hit with a proposed class action in California federal court alleging it illegally shared with Meta and Adobe personal information belonging to its LinkedIn premium subscribers who watched online training courses on its LinkedIn Learning platform without their knowledge or permission.
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February 04, 2025
LendingTree Faces Consumer Claims Over Snowflake Breach
Online consumer lending platform LendingTree and an insurance comparison subsidiary are facing a proposed consumer class action based on a data breach of their cloud storage service, which affected personal information for "hundreds of millions of consumers."
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February 04, 2025
11th Circ. Urged To Adopt 'Consensus' On Officers' Immunity
A Georgia woman who was subjected to a strip and cavity search while visiting her husband in prison urged the full Eleventh Circuit on Tuesday to build on its prior ruling that her rights had been violated and to sweep away the prison officials' defenses of qualified immunity.
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February 04, 2025
Auto Cos., Mass. AG Make Final Case In 'Right To Repair' Fight
The stagnated four-year battle over a Massachusetts law requiring vehicle manufacturers to provide open access to vehicle telematics software saw its final salvos Tuesday as attorneys for an automotive industry group and the state clashed over the merits of the federal preemption case.
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February 04, 2025
Funeral Home BIPA Violations Not Covered, Insurer Says
An insurer told an Illinois federal court to dismiss a suit seeking $10 million in coverage for underlying litigation from a funeral home it insured, arguing that claims in a proposed class action by family members of decedents against the facility were all for noncovered biometric privacy violations.
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February 04, 2025
Apple Asks DC Circ. To Pause Google Search Case For Appeal
Apple has asked the D.C. Circuit to pause the remedies phase of the landmark monopolization case targeting Google's search dominance, arguing it needs to intervene to protect its contracts with Google that are worth billions of dollars each year.
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February 04, 2025
PE-Backed Identity Software Firm SailPoint Primes $1B IPO
Cybersecurity firm SailPoint on Tuesday unveiled plans for an estimated $1 billion initial public offering that would mark its return to public markets three years after a private-equity buyout, represented by Kirkland & Ellis LLP and the underwriters' counsel, Davis Polk & Wardwell LLP.
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February 04, 2025
Cybersecurity & Privacy Group Of The Year: Gibson Dunn
Gibson Dunn helped Meta Platforms Inc. stave off claims that Illinois' biometric privacy law broadly applies to nonusers' facial scans and assisted DoorDash Inc. in limiting its exposure in one of the first regulatory investigations under California's trailblazing data privacy law, earning the firm a spot among the 2024 Law360 Cybersecurity & Privacy Groups of the Year.
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February 04, 2025
Meta Attacks Insurers' Bid To Remand Social Media MDL Row
Meta asked a Delaware federal court to postpone ruling on its insurers' request to remand a dispute over coverage for thousands of suits alleging harm from the company's social media platforms, saying the action will likely soon be transferred to multidistrict litigation in California alongside the underlying claims.
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February 03, 2025
Google Fights Uphill To Scrap Antitrust Verdict At 9th Circ.
A Ninth Circuit panel appeared skeptical on Monday of Google's bid to throw out Epic Games' antitrust trial win and injunction requiring Google to open its Play Store to rivals following Epic Games' partial antitrust loss against Apple, with each judge doubting that the Apple ruling is necessarily preclusive.
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February 03, 2025
Kochava Still Can't Get FTC Location Privacy Suit Thrown Out
An Idaho federal judge on Monday again refused to throw out the Federal Trade Commission's suit accusing mobile app analytics provider Kochava Inc. of selling consumers' geolocation data without proper consent, ruling that nothing meaningful has changed since Kochava's previous dismissal bid.
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February 03, 2025
Maryland Kids' Privacy Law Latest To Face Legal Challenge
Tech industry group NetChoice on Monday added to its growing list of lawsuits contesting the constitutionality of kids' online safety laws around the country, filing an action against a recently enacted Maryland law that it claims would force online platforms to act as "a digital speech police."
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February 03, 2025
Co.'s Coverage Suit Over $1.9M Email Spoof Scheme Tossed
An Alaska federal court on Monday officially dismissed a construction company's lawsuit accusing Travelers of a bad faith refusal to provide directors and officers coverage for a $1.9 million email spoofing scheme, days after the construction company filed a voluntary motion to dismiss with prejudice.
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February 03, 2025
DOJ Poised To Prosecute Threat-Makers Against DOGE
A federal prosecutor appointed by President Donald Trump offered Elon Musk his office's support to "protect" the work of the newly created Department of Government Efficiency headed by the billionaire businessman, including "legal action against anyone who impedes your work or threatens your people."
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February 03, 2025
11th Circ. Weighs Future Of SEC's Market Surveillance Tool
The Eleventh Circuit on Monday questioned whether brokerage firms were being unfairly burdened with the cost of building up a U.S. Securities and Exchange surveillance tool known as the consolidated audit trail while appearing unmoved by arguments that the surveillance tool should never have been built.
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February 03, 2025
Schumer Warns Of 'Hostile Takeover' From DOGE
Top Senate Democrats on Monday railed against access granted to Elon Musk's Department of Government Efficiency that allowed the outfit's employees to tap into the U.S. Department of Treasury's federal payment system over the weekend.
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February 03, 2025
OpenAI, Microsoft Aim To Ax Musk's For-Profit Change Suit
OpenAI and Microsoft have urged a California federal court in separate motions to dismiss Elon Musk's antitrust and breach of contract lawsuit claiming OpenAI lied by telling investors it would always be a nonprofit artificial intelligence research organization, calling the allegations "conclusory" and lacking factual backing.
Expert Analysis
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5 Notable Information Security Events In 2024
B. Stephanie Siegmann at Hinckley Allen discusses 2024's largest and most destructive data breaches seen yet, ranging from ransomware disrupting U.S. healthcare systems on a massive scale, to tensions increasing between the U.S. and China over cyberespionage and the control of U.S. data.
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Series
Playing Rugby Makes Me A Better Lawyer
My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
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Looking Back At 2024's Noteworthy State AG Litigation
State attorneys general across the U.S. took bold steps in 2024 to address unlawful activities by corporations in several areas, including privacy and data security, financial transparency, children's internet safety, and other overall consumer protection claims, say attorneys at Troutman Pepper.
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What Broker-Dealers Must Know Before Selling Bitcoin ETPs
Interest in bitcoin exchange-traded products is already high, and only expected to grow in light of the incoming Trump administration's pro-crypto stance, but broker-dealers must still consider numerous regulatory requirements before recommending a bitcoin ETP to a client, say Frank Weigand and Justine Woods at Cahill Gordon.
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Cyber Disclosure Is A Mainstay In 2025 SEC Exam Priorities
Despite a new administration and a new U.S. Securities and Exchange Commission chair incoming, the SEC's 2025 examination priorities signal that cybersecurity disclosures and risk management practices will remain important due to the growing threat of cyberattacks, says Anjali Das at Wilson Elser.
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Reviewing 2024's Evolving EdTech Privacy Regulations
Lawmakers are trying to keep up with the privacy and security risks of the increasingly prevalent education technology, with last year's developments including the Federal Trade Commission's proposed amendments to the Children's Online Privacy Protection Act, and the U.S. Senate passing two new children's privacy acts, say attorneys at McDermott.
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Opinion
No, Litigation Funders Are Not 'Fleeing' The District Of Del.
A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.
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Series
Calif. Banking Brief: All The Notable Legal Updates In Q4
Douglas Thompson at Snell & Wilmer highlights a number of recent and pending issues, actions and potentially pivotal federal regulatory and legislative developments on deck that will affect California banks and financial institutions.
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5 E-Discovery Predictions For 2025 And Beyond
In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.
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What's Ahead As Transparency Act Comes To A Crossroads
Synthesizing the contrasting federal district and appellate court rulings on the Corporate Transparency Act’s validity reveals several main areas of debate that will likely remain at issue as challenges to the law continue winding through the courts, say attorneys at Farella Braun.
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Celebs' Suits Show Limits Of Calif. Anti-SLAPP Laws
Two recent cases including Amanda Ghost v. Rebel Wilson and Leviss v. Sandoval highlight the delicate balancing act courts must perform in weighing free speech against privacy and reputational harm under California's robust anti-strategic lawsuit against public participation laws, say attorneys at Nixon Peabody.
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Where Payments Law And Regulation Are Headed In 2025
The Trump administration will likely bring significant changes to payments regulations in 2025, but maintaining internal compliance efforts in the absence of robust federal oversight will remain key as state authorities and private plaintiffs step into the breach, say attorneys at Stinson.
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What To Expect From Federal Cybersecurity Policy In 2025
There are 12 cyber policy questions to keep an eye on as the new administration and Republican control of Congress present an opportunity to advance less regulatory approaches and revisit some choices from the prior administration, say attorneys at Wiley.
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Republican Trifecta Amplifies Risks For Cos. In 3 Key Areas
Expected coordination between a Republican Congress and presidential administration may expose companies to simultaneous criminal, civil and congressional investigations, particularly with regard to supply chain risks in certain industries, government contracting and cross-border investment, say attorneys at Morgan Lewis.
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How Decline Of Deference Will Affect Trump Policymaking
An administrative law regime without Chevron deference may limit the Trump administration’s ability to implement new policies in the short term, but ultimately help it in the long term, and all parties with an interest in regulatory changes will have to take a fresh approach to litigation, say attorneys at Covington.