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Cybersecurity & Privacy
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March 26, 2025
23andMe Says Ch. 11 Privacy Ombudsman Not Required
DNA testing company 23andMe Inc.'s customer data will be protected in Chapter 11, its attorneys told a Missouri bankruptcy judge Wednesday as it argued that the appointment of a consumer privacy ombudsman is not required.
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March 26, 2025
4th Circ. Says Credit Union Not Liable For Fraudulent Transfer
A Fourth Circuit panel on Wednesday reversed a lower court ruling that held a credit union liable for a scammer's use of its services to swindle a metal fabricator out of $560,000, ruling that banks aren't on the hook for misdescribed fund transfers without "actual knowledge" of the discrepancy.
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March 26, 2025
CFPB Pulls 'Inappropriate' Brief Supporting NY's Citi Suit
The Consumer Financial Protection Bureau has moved to withdraw a Biden-era legal brief it filed backing the New York attorney general in her ongoing lawsuit over Citibank NA's handling of online wire fraud, criticizing the brief as "inappropriate" regulatory freelancing.
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March 26, 2025
Walgreens Receipt Standing Fight Set For Illinois' Main Stage
Illinois' top court on Wednesday accepted Walgreens' request to review an intermediate appellate panel's ruling affirming class certification in an Arizona customer's proposed class lawsuit targeting overdisclosed debit card numbers.
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March 26, 2025
Big Top Blunder: Circus Sues BofA Over $4.8M Wire Fraud
Soul Circus Inc., the owner of UniverSoul Circus, has accused Bank of America of allowing thieves to access its online corporate banking platform and steal more than $4.8 million from the company, according to a lawsuit removed to Atlanta federal court.
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March 26, 2025
Defense Contractor To Pay $4.6M Over Cyber Compliance
Defense contractor MORSECORP Inc. agreed to pay the federal government $4.6 million to resolve a whistleblower lawsuit claiming the company did not comply with cybersecurity requirements for Army and Air Force contracts, the U.S. Department of Justice announced Wednesday.
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March 26, 2025
Illinois Supreme Court Denies Co.'s BIPA Coverage Appeal
The Illinois Supreme Court left intact an intermediate appellate panel's decision relieving two Liberty Mutual units of covering a home decor company in its underlying dispute with employees who said its timekeeping practices are in violation of the state's biometric data privacy law.
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March 26, 2025
Ex-GE Exec Gets 7 Years For Fraud In $1B Angola Energy Deal
A Manhattan federal judge hit a former GE Power executive with seven years in prison Wednesday, after a jury convicted him of forgery and taking a $5 million kickback while working on a $1.1 billion deal in his native Angola.
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March 25, 2025
Virginia Gov. Vetoes AI Bias Bill, Citing Industry Impact
Virginia's governor has blocked legislation that would have required the developers and deployers of "high-risk" artificial intelligence systems used in employment, healthcare and other areas to implement safeguards against algorithmic discrimination, saying that the "burdensome" proposal would have "stifled" the burgeoning AI industry.
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March 25, 2025
Mondelez, Ghost Beat Suit Over Candy-Flavored Energy Drink
An Illinois federal judge has tossed out parents' claims that Mondelez and energy drink maker Ghost illegally deceive consumers into thinking Ghost's "Sour Patch Kids"-flavored beverages are suitable for children, saying no reasonable adult consumer would interpret the labels that way.
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March 25, 2025
Cruz Sees Spectrum Pipeline Passing In Budget Bill
A new pipeline of commercial spectrum will almost certainly be made available as part the sweeping budget bill that Congress will soon consider, Sen. Ted Cruz, R-Texas, said Tuesday.
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March 25, 2025
FINRA President Hints At Offloading Arbitration Oversight
The president of the Financial Industry Regulatory Authority said Tuesday that he's considering whether another entity should take up the brokerage regulator's arbitration oversight, questioning whether it's an appropriate function for FINRA to continue running.
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March 25, 2025
Privacy Statements OK By Pa. Wiretapping Law, Judge Says
Websites that disclose third-party data collection in privacy statements that a "reasonably prudent person" could see do not violate Pennsylvania's laws against wiretapping, a federal judge has ruled, throwing out a long-running lawsuit that defendants claimed could have rendered many websites illegal.
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March 25, 2025
No More C-Suite 'Deference' At FTC, Ferguson Says
Federal Trade Commission Chairman Andrew Ferguson took aim Tuesday at previous antitrust enforcers' "hands off" approach, which he said worried too much about stifling Big Tech's momentum and innovation and not enough about the power that online platforms "wielded over our daily lives."
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March 25, 2025
McCarter & English Adds Ex-FBI Privacy Officer In DC
McCarter & English LLP said Tuesday it is strengthening its cybersecurity and data practice with the addition of a veteran FBI attorney who oversaw the bureau's response to data breaches and advised executives there on civil liberties issues.
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March 25, 2025
2nd Circ. Trims Ex-K&L Gates Atty's Cyberstalking Conviction
The Second Circuit has reversed one of three counts of conviction for a former K&L Gates attorney who was accused of cyberstalking and harassing his colleagues, finding that there was insufficient evidence to support claims that he made "true threats" to one of the accusers.
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March 25, 2025
Florida High Court Forms Group To Examine Judicial Security
The Florida Supreme Court has created a new working group on judicial security and tasked it with developing a report over the next year on threat reduction, detection and response.
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March 25, 2025
Quarles & Brady Adds Data Privacy Atty From Baker Donelson
Quarles & Brady LLP is continuing to uplift its intellectual property group, announcing Monday that the team has welcomed a former Baker Donelson Bearman Caldwell & Berkowitz PC attorney who advises on data privacy, cybersecurity and artificial intelligence governance.
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March 25, 2025
NYU Sued Over Hack That Exposed SAT Scores, Aid Info
New York University failed to take steps to prevent a recent data breach in which a hacker gained access to its website for at least two hours and compromised personal information for at least 3 million applicants, including test scores and financial aid, according to a proposed class action.
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March 24, 2025
Beyond Meat Sued On Allegations Broker Accessed User Data
Plant-based meat substitute producer Beyond Meat Inc. has covertly teamed up with data broker Experian to track website visitors and sell their personal data "to the highest bidders" without their permission, according to a proposed class action filed in California federal court.
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March 24, 2025
Ill. Judge Flips Rulings Applying BIPA Change Retroactively
An Illinois federal judge has scrapped her determination that the Illinois legislature's move to limit damages under the state's Biometric Information Privacy Act applies to disputes filed before the change took effect, aligning with two other district judges who have found the amendment to be a "substantive" one that only affected cases prospectively.
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March 24, 2025
Period App Users Get $3.5M In Privacy Deal With Analytics Co.
A defunct mobile analytics company caught up in a proposed class action alleging a menstruation tracking app impermissibly shared health information with Google and others has agreed to a $3.5 million settlement with app users, given its "limited pool of funds," app users informed a California federal court on Friday.
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March 24, 2025
Skadden, Latham Lead Crypto Platform EToro's IPO Filing
Crypto-friendly trading platform eToro Group Ltd. on Monday publicly filed its long-awaited plans for an initial public offering, represented by Skadden Arps Slate Meagher & Flom LLP and underwriters' counsel Latham & Watkins LLP.
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March 24, 2025
Salesforce Can't Escape Backpage Sex-Trafficking Suit
A Texas federal judge has ruled Salesforce must face a suit over the sex trafficking of women on Backpage.com, the defunct classified ads website that utilized the company's software, saying it was properly alleged that Salesforce should have been aware of Backpage's connection to prostitution.
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March 24, 2025
Children's Hospital Axes Suit Over Meta Info Sharing, For Now
A Minnesota federal judge tossed a proposed class action alleging a children's hospital used ad tracking software on its website that disclosed minor patients' sensitive information with Meta Platforms Inc., Google LLC and other third parties, saying the patients' parents don't have standing to sue.
Expert Analysis
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How Health Cos. Can Navigate Data Security Regulation Limbo
Despite the Trump administration's freeze on proposed updates to the Health Insurance Portability and Accountability Act security rule, there are critical cybersecurity steps healthcare organizations can take now without clear federal guidance, says William Li at Axiom.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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Cross-Border Lessons In Using Hague Evidence Convention
Recent case law demonstrates that securing evidence located abroad requires a strategic approach, including utilization of the Hague Evidence Convention and preparation to justify your chosen evidence-gathering path, say attorneys at Fish & Richardson.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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Unpacking First Consumer Claim Under Wash. Health Data Act
The first consumer class action claim filed under Washington's My Health My Data Act, Maxwell v. Amazon.com, may answer questions counsel have been contending with since the law was introduced almost a year ago, if the court takes the opportunity to interpret some of more opaque language, say attorneys at Polsinelli.
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Deficiency Trends In National Futures Association Exams
A recent notice from the National Futures Association outlining the most common deficiencies uncovered during exams gives member firms an opportunity to review prior guidance, particularly regarding the hot topic of implementing procedures governing the use of outsourced service providers, say attorneys at Akin.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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Why NY May Want To Reconsider Its LLC Transparency Law
Against the backdrop of the myriad challenges to the federal Corporate Transparency Act, it may be prudent for New York to reconsider its adoption of the LLC Transparency Act, since it's unclear whether the Empire State's "baby-CTA" statute is still necessary or was passed prematurely, say attorneys at Pillsbury.
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9 Considerations For Orgs Using AI Meeting Assistants
When deciding to use artificial intelligence meeting assistants, organizations must create and implement a written corporate policy that establishes the do's and don'ts for these assistants, taking into account individualized business operations, industry standards and legal and regulatory requirements, say attorneys at Faegre Drinker.
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AG Watch: Texas Is Entering New Privacy Enforcement Era
The state of Texas' recent suit against Allstate is the culmination of a long-standing commitment to vigorously enforcing privacy laws in the state, and while still in the early stages, it offers several important insights for companies and privacy practitioners, says Paul Singer at Kelley Drye.
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Considerations As Trump Admin Continues To Curtail CFPB
Recent sweeping moves from the Consumer Financial Protection Bureau's new leadership have signaled a major shift in the agency's trajectory, and regulated entities should prepare for broader implications in both the near and long term, say attorneys at Pryor Cashman.
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6th Circ. Ruling Paves Path Out Of Loper Bright 'Twilight Zone'
The U.S. Supreme Court’s Loper Bright ruling created a twilight zone between express statutory delegations that trigger agency deference and implicit ones that do not, but the Sixth Circuit’s recent ruling in Moctezuma-Reyes v. Garland crafted a two-part test for resolving cases within this gray area, say attorneys at Wiley.
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Cos. Should Prepare For Mexican Payments Surveillance Tool
The recent designation of six Mexican cartels as "specially designated global terrorists" will allow the Treasury Department to scrutinize nearly any Mexico-related payment through its Terrorist Finance Tracking Program — a rigorous evaluation for which even sophisticated sanctions compliance programs are not prepared, says Jeremy Paner at Hughes Hubbard.