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Cybersecurity & Privacy
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January 28, 2025
Apple Can't Defend Google Revenue Deal In DOJ Search Case
A D.C. federal judge has refused to let Apple intervene to defend the billions it gets from Google to keep the search giant as the default for Safari browser, holding the iPhone maker waited too long to intervene in the Justice Department's monopolization lawsuit, and the company's involvement now would be too disruptive.
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January 28, 2025
Cricket News Site Says Privacy Suit Belongs In Arbitration
The operator of cricket news site Cricbuzz has told a New Jersey federal judge that a data privacy suit by two users should be sent to arbitration or dismissed outright, since its terms of service contain a clause in which viewers agree to mandatory arbitration.
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January 28, 2025
Ex-White House Info Governance Leader Joins Nelson Mullins
Nelson Mullins Riley & Scarborough LLP has hired President Donald Trump's former informational governance chief and a one-time assistant director in the Federal Trade Commission's litigation technology and analysis group, the firm announced Monday.
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January 27, 2025
States Back In Spotlight As Feds Exit Net Neutrality Debate
The Sixth Circuit might have recently hammered the last nail into the coffin of federal net neutrality rules, but states are poised to fill the void — just as some did when the last Trump administration tanked a previous broadband regulatory regime.
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January 27, 2025
UnitedHealth Raises Cyberattack Estimate To 190M Individuals
A debilitating cyberattack last year that sabotaged vital billing and prescribing services operated by a UnitedHealth Group unit affected personal information belonging to roughly 190 million individuals, the health insurer disclosed Friday, nearly doubling its previous estimate of the scope of the incident.
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January 27, 2025
3 Arrested In North Korean IT Worker Scheme, Feds Say
Federal officials alleged in a Florida indictment that they've arrested at least three people in an elaborate fraudulent worker scheme masterminded by the Democratic People's Republic of Korea, saying the individuals helped North Koreans obtain remote information technology employment with companies for the purpose of evading U.S. sanctions.
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January 27, 2025
Judge Grants Bid For Docs, Code In EPassport Fight
A Court of Federal Claims judge partially granted a German company's bid to secure discovery materials from the U.S. government and a French cybersecurity firm for its suit accusing the government of infringing on patents related to electronic passport readers.
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January 27, 2025
Cisco Tells Fed. Circ. To Uphold Win In Cybersecurity IP Row
Cisco has defended its retrial victory in a multibillion-dollar computer security patent case by telling the Federal Circuit the new judge had seen through a cybersecurity startup's legal "tactics."
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January 27, 2025
Judge Refuses To Stop Amazon Data Suit In Ill. State Court
A Delaware federal judge refused on Monday to block a lawsuit in Illinois state court accusing Amazon Web Services of illegally collecting voice data, saying the Illinois privacy case involves different claims and parties than the federal case, which was dismissed because some plaintiffs lacked standing.
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January 27, 2025
3rd Circ. Says Class Cert. Won't Work In Junk Fax Suit
Since Fox Rehabilitation Services used "highly individualized methods" to seek consent from the entities it sent faxes to, it would be too difficult for a lawsuit accusing the company of sending unsolicited ads to proceed as a class action, a split Third Circuit panel has ruled.
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January 27, 2025
Justices Won't Review $90M Facebook Privacy Settlement
The U.S. Supreme Court on Monday declined to review a case involving a $90 million settlement for claims Facebook illegally tracked logged-out users' browsing activity, rejecting an argument from an objector who challenged plaintiff service awards and $26.1 million in attorney fees.
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January 27, 2025
MGM's $45M Deal To End Data Breach Suits Wins Initial OK
A Nevada federal judge has preliminarily approved MGM Resorts International's $45 million deal — with class counsel seeking up to $13.5 million in fees — to settle consolidated proposed class action litigation alleging that MGM failed to protect 37 million customers' personal information from multiple data breaches in 2019 and 2023.
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January 27, 2025
Broadcom Unit Loses Patent In Netflix Fight At Fed. Circ.
A Broadcom subsidiary had no luck at the Federal Circuit on Monday in breathing new life into data caching patent claims that were asserted in the chipmaker's legal war with Netflix, but later rejected by the U.S. Patent Trial and Appeal Board.
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January 27, 2025
'Guesswork' Dooms Class Cert. In Meta Privacy Antitrust Suit
A California federal judge has refused to certify a class of consumers who say Meta would have to pay users for their data if it didn't lie about privacy safeguards, finding that the motion was undone by the opinions of an economist who cannot get from general economics to market reality.
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January 27, 2025
Compass Group Illegally Solicits Genetic Info, Suit Says
Food service company Compass Group's U.S. arm has been hit with genetic privacy claims brought by a proposed class in Illinois state court for allegedly requiring job applicants to disclose their personal medical history information during physical examinations.
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January 24, 2025
FTC Signals Unified Focus On Kids' Privacy With Rule Update
The Federal Trade Commission's recent unanimous move to strengthen longstanding online privacy protections for children demonstrated that the agency won't be easing up on enforcement in this space as a new Republican regime takes over, despite lingering questions over whether further changes or expansions may be on the horizon.
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January 24, 2025
11th Circ. Overturns FCC One-To-One Marketing Consent Rule
The Eleventh Circuit late Friday overturned a Federal Communications Commission rule requiring individual consumer consent to receive contacts from companies through comparison shopping sites.
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January 24, 2025
Patient Can't Sue Over Clinic's 'Data Incident,' Ill. Justices Say
A medical clinic patient who received a letter stating a "data incident" may have compromised her personal information but appeared not to have led to the information's misuse does not have standing to pursue proposed class claims for damages, the Illinois Supreme Court said Friday.
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January 24, 2025
Anti-Abortion Group Seeks High Court Review Of NJ Probe
An anti-abortion pregnancy center operator wants the U.S. Supreme Court to revive its federal court challenge to a subpoena from the New Jersey attorney general that seeks information about its donors, urging the court in a petition for certiorari to resolve a legal "Catch-22."
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January 24, 2025
Feds Want Ohtani's Ex-Interpreter To Get 5 Yrs For $17M Theft
Prosecutors urged a California federal judge Thursday to sentence Shohei Ohtani's former interpreter to nearly five years in prison for stealing nearly $17 million from the MLB superstar to help pay massive gambling debts, while defense counsel argued that he should serve only 18 months because of his "severe gambling addiction."
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January 24, 2025
Boston Firm Says IT Vendor Holding Computers 'Hostage'
Boston-based law firm Melick & Porter LLP says a company it hired to manage its information technology is now holding its computer network and data "hostage" by refusing to cooperate with the transition to a new vendor unless Melick pays it $380,000.
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January 24, 2025
Capital One Named In Action Over Early-Year Service Outage
Capital One has been hit with a proposed class action in Virginia federal court focused on a January service disruption that allegedly left consumers locked out of its systems.
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January 24, 2025
Baldoni Rebuts Atty Ethics Claims In 'It Ends With Us' Fight
A lawyer representing Justin Baldoni has told a New York federal judge that statements his counsel has made to the press regarding the actor and director's thorny litigation with Blake Lively and Ryan Reynolds over the film "It Ends With Us" didn't violate ethical rules or prejudice proceedings.
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January 24, 2025
Hunter Biden Pans IRS Agents' Appeal To Enter Privacy Suit
Hunter Biden urged the D.C. Circuit to affirm a ruling preventing the IRS agents he has accused of improperly revealing his tax return information from intervening in his privacy suit against the U.S. government, saying the court should reject their claims about the importance of their participation.
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January 24, 2025
Trump Treads Into Murky Waters With TikTok Gambit
Nearly five years after he sought to kill the social media platform TikTok, President Donald Trump has opened his second term with a legally questionable bid to save it, cloaking the app's future in the U.S. market in even more uncertainty.
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.