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Cybersecurity & Privacy
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July 02, 2025
The Funniest Moments Of The Supreme Court's Term
After justices and oral advocates spent much of an argument pummeling a lower court's writing talents, one attorney suggested it might be time to move on — only to be told the drubbing had barely begun. Here, Law360 showcases the standout jests and wisecracks from the 2024-25 U.S. Supreme Court term.
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July 02, 2025
SEC Strikes Deal With SolarWinds In Data Breach Case
SolarWinds Corp. is on the cusp of resolving the U.S. Securities and Exchange Commission's novel case alleging the software developer hid faulty cybersecurity practices before a major breach, telling a New York federal judge Wednesday that the parties have agreed to a settlement.
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July 01, 2025
Google Hit With $314M Verdict In Android Data Use Suit
A California state jury Tuesday sided with a class of millions of Android mobile device users in the Golden State accusing Google of transferring cellular data from their devices without their consent for information harvesting and surveillance purposes, awarding the users more than $314.6 million.
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July 01, 2025
State AI Law Moratorium Struck From Senate Budget Bill
The U.S. Senate on Tuesday voted overwhelmingly to cut a proposal that would have blocked states from regulating artificial intelligence for a decade from the budget reconciliation package after a deal to reduce the length and potential scope of the ban fell apart.
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July 01, 2025
Fla. Court Tosses NY Judge's Defamation Suit In Condo Feud
A Florida federal judge tossed a defamation suit between a senior federal judge in New York and former members of a condominium board where he owns a unit, saying neither party provided sufficient evidence of their claims stemming from a feud over renovations.
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July 01, 2025
Google Wants Texas Ad Tech Trial To Wait On DOJ Judge
Google has asked a Texas federal judge to delay the looming August trial in a case from state enforcers targeting its advertising technology until after a Virginia federal judge issues her final judgment in a similar case by the U.S. Department of Justice.
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July 01, 2025
DC Circ. OKs Trump Firing Of Privacy Board Dems, For Now
The D.C. Circuit on Tuesday halted a lower court's order that blocked the Trump administration from firing two Democratic members of the Privacy and Civil Liberties Oversight Board, suggesting in a per curiam order that members of the oversight board lacked adjudicatory functions that could shield them from termination.
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July 01, 2025
Apple Backers Raise Price, Privilege Concerns At 9th Circ.
Trade groups and advocacy organizations have raised a series of concerns with the Ninth Circuit about a federal district court mandate blocking Apple from charging commissions on iPhone app purchases made outside its systems, arguing an Epic Games Inc. injunction redux improperly compels speech, imperils price-setting autonomy and threatens legal privilege.
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July 01, 2025
State AGs Sue Gov't To Halt Medicaid Data Sharing With ICE
A California-led coalition of nearly two dozen state attorneys general is pushing a federal court to stop the U.S. Department of Health and Human Services from giving immigration officials "unfettered access" to Medicaid recipients' personal health information, arguing that the sharing flouts decades of policy and practice.
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July 01, 2025
Cash App Parent Co. To Settle Spam Text Suit For $12.5M
Block Inc., the parent company of mobile payment service Cash App, has made a $12.5 million settlement with customers who allege that they were bombarded with "annoying and harassing spam texts" from the company.
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July 01, 2025
The Sharpest Dissents From The Supreme Court Term
The term's sharpest dissents often looked beyond perceived flaws in majority reasoning to raise existential concerns about the role and future of the court, with the justices accusing one another of rewarding executive branch lawlessness, harming faith in the judiciary and threatening democracy, sometimes on an emergency basis with little briefing or explanation.
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July 01, 2025
Defamation Litigation Roundup: Newsom, Lively, MyPillow
In this month's defamation litigation roundup, Law360 looks back on a decision in the high-profile fight between Blake Lively and Justin Baldoni, as well as at a jury verdict in a voting machine company executive's case against MyPillow's CEO.
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July 01, 2025
Crypto Developer Fights To Keep Money Transmitter Suit Alive
A crypto crowdfunding software developer has said in federal court that the U.S. Department of Justice should face a lawsuit that seeks to protect software firms from enforcement action, arguing that previous actions taken by the department jeopardize the future of his forthcoming crypto venture.
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July 01, 2025
Justices Face Busy Summer After Nixing Universal Injunctions
The U.S. Supreme Court's decision to limit nationwide injunctions was one of its biggest rulings of the term — a finding the court is likely going to be dealing with all summer. Here, Law360 takes a look at the decision, how it and other cases on the emergency docket overshadowed much of the court's other work, and what it all means for the months to come.
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July 01, 2025
Virtu, SEC Move To Settle Information Security Suit
The U.S. Securities and Exchange Commission and Virtu Financial Inc. told a New York federal judge on Tuesday that they have struck a tentative deal to end a lawsuit accusing the broker-dealer of failing to adequately protect customer data.
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July 01, 2025
Unvaccinated Ex-Staffer Can Pursue Leaked Health Info Claims
A Missouri appeals court on Tuesday revived a former hospital staffer's claims that her former employer failed to protect her medical records while she was a patient, leading to her coworkers finding out she was unvaccinated against the COVID-19 virus and them harassing her until she resigned.
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July 01, 2025
Judge Dismisses Health Data Breach Suit As 'Bare Assertions'
A North Carolina federal judge has thrown out a putative data breach class action against a health information company, finding that the named plaintiff's alleged anxiety, injuries in the form of future harms, and fear over his financial situation were too speculative to support standing under Article III.
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June 30, 2025
Tillis, Senate IP Leader, Announces Retirement
The U.S. Senate's leader on intellectual property issues, Sen. Thom Tillis, R-N.C., has announced his retirement shortly after coming out against the Republicans' spending bill, with blowback from President Donald Trump.
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June 30, 2025
TD Bank Suit Doesn't Link Data Sharing To Harm, Judge Says
TD Bank has escaped a proposed class action alleging it wrongfully shared customers' personal information with Meta Platforms Inc. for marketing purposes, with a judge ruling that the plaintiff failed to allege what sensitive financial information belonging to him was improperly disclosed.
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June 30, 2025
FCC To Screen Regulatory Offenses For Criminal Liability
The Federal Communications Commission has outlined criteria to decide when regulatory offenses should lead to criminal liability, responding to a White House executive order issued to federal agencies in May.
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June 30, 2025
Meta Gets Court To Pause Its Challenge To FTC Privacy Order
A D.C. federal judge has agreed to pause Meta's constitutional challenge to the Federal Trade Commission's effort to block the company from monetizing children's data, giving other courts hearing separate cases time to weigh in on the commission's structure and an injunction requested by the company before ruling on dismissal.
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June 30, 2025
9 Charged With Cyberfraud In Aid Of North Korea
Eight Chinese and Taiwanese nationals and a New Jersey resident have been charged in a cyberfraud scheme on behalf of North Korea, in which they allegedly posed as American information technology workers to get remote jobs with U.S. Fortune 500 companies and one defense contractor, federal prosecutors in Massachusetts announced Monday.
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June 30, 2025
Data Brokers Can't Escape NJ Judicial Privacy Law Actions
Data security company Atlas Data Privacy Corp. has won the go-ahead to proceed with dozens of lawsuits based on the judicial privacy measure Daniel's Law against a group of data brokers in New Jersey federal court.
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June 30, 2025
Immigrant Groups Urge DC Circ. To Stop IRS-ICE Info Deal
Tax privacy law bars the IRS from sharing taxpayer addresses with immigration authorities, even to facilitate criminal investigations, immigrant advocacy groups told the D.C. Circuit, urging it to stanch an information-sharing deal that claims to help the government probe immigrants who have avoided deportation.
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June 30, 2025
Mich. Justices Won't Revisit Voter Intimidation Robocall Case
The Michigan Supreme Court has said it will not reexamine a case against conservative provocateurs charged with leading a misinformation campaign urging Black Detroiters not to vote by mail in the 2020 election, leaving in place an order finding their actions could be considered voter intimidation.
Expert Analysis
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The Future Of Privacy Enforcement Under Ferguson's FTC
Federal Trade Commission Chair Andrew Ferguson's early actions indicate a marked shift toward a more traditional approach to privacy enforcement, so companies should expect the commission to maintain a strong focus on enforcing Section 5 of the FTC Act in the privacy area, says Kandi Parsons at ZwillGen.
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AT&T Decision May Establish Framework To Block FCC Fines
The Fifth Circuit's recent decision in AT&T v. FCC upends the commission's authority to impose certain civil penalties, reinforcing constitutional safeguards against administrative overreach, and opening avenues for telecommunications and technology providers to challenge forfeiture orders, say attorneys at HWG.
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Reassessing Corporate Separateness After Explosion Of LLCs
Following the dramatic increase of limited liability companies in the U.S., the Corporate Transparency Act's enactment and the Trump administration's subsequent narrowing of that law, it's worth revisiting the underlying legal principles that govern shell companies in order to remedy the problems that initially motivated the CTA, says Jeff Newton at Omni Bridgeway.
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Series
Playing Guitar Makes Me A Better Lawyer
Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.
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Fines Against Apple, Meta Set Digital Markets Act Precedent
The European Commission's recent fines against Apple and Meta, the first under the Digital Markets Act, send a clear message that the act's reach and influence on regulatory thinking is global, say lawyers at Waterfront Law.
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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When Physical And Cyber Threats Converge: 6 Tips For Cos.
Amid an ongoing trend of increased digital threats of harm made against corporations, organizations and high-profile individuals, an emerging legal framework is providing a risk management road map for general counsel and their teams to navigate the increasingly fraught landscape, say attorneys at Covington.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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7 Considerations For Conducting Drug Clinical Trials Abroad
With continuing cuts to U.S. Food and Drug Administration staffing motivating some pharmaceutical companies to consider developing drugs abroad, it's important to understand the additional risks and compliance requirements associated with conducting clinical studies in other countries, say attorneys at Morgan Lewis.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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Compliance Lessons From Warby Parker's HIPAA Fine
The U.S. Department of Health and Human Services' civil money penalty against Warby Parker highlights the emerging challenges that consumer-facing brands encounter when expanding into healthcare-adjacent sectors, with Health Insurance Portability and Accountability Act compliance being a potential focus of regulatory attention, say attorneys at Saul Ewing.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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A Tale Of Two Admins: Parsing 1st Half Of SEC's FY 2025
The first half of the U.S. Securities and Exchange Commission's fiscal year 2025, which ended March 31, was unusually eventful, marked by a flurry of enforcement actions in the last three months of former Chair Gary Gensler's tenure and a prompt pivot after Inauguration Day, say attorneys at Jones Day.
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Rebuttal
Mass Arbitration Reform Must Focus On Justice
A recent Law360 guest article argued that mass arbitration reform is needed to alleviate companies’ financial and administrative burdens, but any such reform must deliver real justice, not just cost savings for the powerful, says Eduard Korsinsky at Levi & Korsinsky.
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Getting Ahead Of The SEC's Continued Focus On Cyber, AI
The U.S. Securities and Exchange Commission is showing it will continue to scrutinize actions involving cybersecurity and artificial intelligence, but there are proactive measures that companies and financial institutions can take to avoid regulatory scrutiny going forward, say attorneys at Morgan Lewis.