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Cybersecurity & Privacy
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January 17, 2025
Ex Raided Conn. Burrito Joint's TM, Co. Accounts, Suit Says
The owner of Connecticut Tex-Mex restaurant and coffeehouse TJ's Longboard Burritos LLC told a Connecticut federal court that his ex-girlfriend launched a similar nearby eatery called TJ's Burritos Bloomfield LLC and is responsible for changes to his passwords, his cook's departure, bills to his accounts, disappearing tequila and tanking his sales by 40%.
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January 17, 2025
Video Game Maker To Pay $20M For Child Privacy Violations
The maker of the video game "Genshin Impact" has agreed to pay $20 million and block children under 16 from making in-game purchases without parental permission to resolve the Federal Trade Commission's claims that the company misled children and other users about the actual costs of purchases and illegally collected children's personal information.
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January 17, 2025
MultiPlan Wants Antitrust Claims Over Pricing Tools Tossed
MultiPlan and several major insurance companies urged an Illinois federal court to toss claims that they schemed to fix reimbursement rates, saying the pricing tools at issue do not hurt the healthcare providers that are bringing the case.
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January 17, 2025
Up Next At High Court: Forum Shopping & TCPA Definitions
The U.S. Supreme Court will return to the bench Tuesday for a short argument session, during which the justices will consider the U.S. Food and Drug Administration's bid to limit forum shopping by manufacturers challenging agency decisions and how much deference district courts must give to Federal Communications Commission orders.
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January 17, 2025
Crypto Coder Sues Feds To Block 'Money Transmitter' Label
Crypto policy think tank Coin Center is supporting one of its fellows in suing the federal government over its allegedly "mistaken view" of how criminal money transmission statutes apply to crypto software.
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January 17, 2025
Honda Credit Arm To Pay $12.8M Over Reporting Failures
The Consumer Financial Protection Bureau on Friday ordered American Honda Finance Corp. to pay $12.8 million to resolve claims that it reported inaccurate information that affected the credit reports of 300,000 people who drive Honda and Acura vehicles.
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January 17, 2025
CFPB Fines Equifax $15M Over Consumer Dispute Issues
Equifax Inc. and Equifax Information Services LLC must pay a $15 million fine over its failure to investigate consumer disputes properly, the Consumer Financial Protection Bureau said Friday.
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January 17, 2025
LA Crypto 'Godfather' Admits To $36M Meta Hacking Fraud
A Los Angeles-based cryptocurrency founder who called himself "The Godfather" will plead guilty to earning $36 million through the sale of hacked Meta Platforms advertising accounts and evading taxes on the fraudulent profits, according to federal court documents unsealed Friday,
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January 17, 2025
FCC Mandates More Efforts To Combat Telecom Cyber Threats
The Federal Communications Commission has provided details of new requirements on telecom providers to counter cybersecurity threats, a late-hour move criticized several days ago by the agency's incoming Republican leadership before the new rules were formally released.
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January 17, 2025
DHS Sec. Nominee Faces Senators Ahead Of Inauguration
Appearing before senators on Friday, South Dakota Gov. Kristi Noem, nominee for secretary of the U.S. Department of Homeland Security, previewed the incoming Trump administration's crackdown on immigration and fielded questions on distribution of disaster aid in wake of the Los Angeles wildfires.
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January 17, 2025
Insurer Tried To 'Embarrass' Cadwalader, NC Court Told
Cadwalader Wickersham & Taft LLP has accused a Lloyd's of London syndicate of attempting to "embarrass" the firm by publicly revealing the firm's data breach recoveries amid the insurer's bid to toss a coverage suit stemming from a 2022 hack.
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January 17, 2025
EBay Can't Appeal Punitive Damages Ruling In Stalking Case
A Massachusetts federal judge has denied a request by eBay Inc. to ask the First Circuit whether it should have to face the possibility of punitive damages in a civil suit brought by a Bay State couple who say the e-commerce company waged a stalking and intimidation campaign against them.
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January 17, 2025
Supreme Court Upholds TikTok Sale-Or-Ban Law
The U.S. Supreme Court upheld a federal law Friday requiring TikTok to be divested from its Chinese parent company by Sunday or face a nationwide ban.
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January 16, 2025
'It Ends With Us' Star Says Blake Lively Made Him Scapegoat
"It Ends With Us" director and actor Justin Baldoni on Thursday lodged a $400 million defamation and extortion suit against his co-star Blake Lively and her husband, Ryan Reynolds, claiming Lively fabricated sexual harassment claims against Baldoni to distract from her "self-inflicted press catastrophe."
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January 16, 2025
GM, OnStar Agree To FTC's Ban On Location Data Sharing
General Motors and OnStar agreed to a five-year ban on disclosing geolocation and driver behavior data to consumer reporting agencies to resolve the Federal Trade Commission's allegations that the companies didn't get drivers' consent before sharing, the agency announced Thursday.
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January 16, 2025
New Proposal For Controlled Information Not Entirely Realistic
A proposed rule intended to clear up confusion and better protect controlled unclassified information via a governmentwide standard has created new uncertainties and could lead to unattainable demands such as unrealistic incident reporting deadlines.
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January 16, 2025
Biden Makes Final Push To Fortify US Cybersecurity Posture
President Joe Biden took the latest step toward boosting the nation's cybersecurity Thursday, issuing an executive order that requires software vendors that work with the government to prove they're meeting certain security standards and promote the use of artificial intelligence for cyberdefense.
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January 16, 2025
GOP Describes FTC Dems' Last Days As 'Farcical,' 'Senseless'
Democratic enforcers at the U.S. Department of Justice and Federal Trade Commission are on a blitz of guidelines and complaints in their last days at the agencies, a push increasingly assailed by FTC Republicans who've said Democratic-specific efforts to enshrine antitrust safeguards for workers and more "has no future."
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January 16, 2025
Gov't Wants Time During Epic, Google's 9th Circ. Face-Off
When Epic Games and Google face off next month at the Ninth Circuit, the federal government is hoping it will get a few minutes to state its case for why the appellate court shouldn't overturn an order forcing Google to allow alternative app stores on its platform, the government said in a recent motion.
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January 16, 2025
Allstate Hit With Class Action Over Driver Data Collection
Allstate illegally obtained the personal driving data of millions of policyholders via software embedded in third-party apps and secretly used that data to hike premiums, deny claims or drop policyholders from coverage altogether, according to a proposed class action filed in Illinois federal court.
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January 16, 2025
9th Circ. Skeptical Of Undoing Microsoft Win In Wiretap Case
The Ninth Circuit on Thursday appeared to lean toward not reviving a proposed class action alleging a website operator improperly used a Microsoft program to track a shopper's online activity, with two of the three judges on a panel questioning how collecting internet browsing data was an illegal wiretap.
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January 16, 2025
Initial Green Light Given to UnitedHealth's Deal In TCPA Suit
A Washington federal judge gave a $2.5 million settlement between UnitedHealthcare and a class of Telephone Consumer Protection Act claimants preliminary approval, signing off on a deal that class counsel says would net each class member over $90, if all applied.
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January 16, 2025
Amazon BIPA Suit Over Alleged NBA 2K Face Scans Settled
A gamer said Wednesday he reached a settlement with Amazon to end a proposed class action accusing the tech giant's web services provider of collecting facial scans of teens playing the popular NBA 2K video game without their knowledge or consent, according to a notice filed in Washington federal court.
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January 16, 2025
Yodlee Cannot Escape Consumers' Privacy Invasion Claims
A California federal judge has ruled financial data aggregator Yodlee must face some customers' allegations that it unlawfully collected user data, saying the remaining plaintiffs have plausibly established their invasion of privacy claims.
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January 16, 2025
FTC Elevates Snap AI Chatbot Case To DOJ
The Federal Trade Commission took the rare step Thursday of revealing its referral to the U.S. Department of Justice of its complaint alleging Snap Inc. deployed an artificial intelligence-powered chatbot that harmed young users, prompting incoming Republican Chair Andrew Ferguson to slam the allegations as an "affront to the Constitution and the rule of law."
Expert Analysis
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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How To Safely Leverage AI In The Digital Assets Industry
Digital asset businesses that use or plan to implement artificial intelligence should assess their risk management frameworks to ensure that AI-related business areas, including customer support and fraud detection, are in compliance with applicable laws and regulatory guidance from the last year, say attorneys at Winston & Strawn.
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Navigating Decentralized Clinical Trials With FDA's Guidance
The U.S. Food and Drug Administration's recently finalized guidance on conducting decentralized clinical trials, while not legally binding, can serve as a road map for sponsors, investigators and others to ensure trial integrity and participant safety, say attorneys at Phillips Lytle.
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Unpacking The CFPB's Personal Financial Data Final Rule
The Consumer Financial Protection Bureau's personal financial data rights rule includes several important changes from the proposed rule, and hundreds of pages of supplementary information that provide important insights into the manner in which the bureau will enforce the final rule, say attorneys at Sidley.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Deepfakes In Court Proceedings: How To Safeguard Evidence
The legal community can confront the risks that deepfake technology poses to the integrity of court proceedings by embracing the latest detection technologies, developing comprehensive legal frameworks and fostering education and collaboration, say Daniel Garrie and Jennifer Deutsch at Law & Forensics.
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The AI Consumer Class Action Threat Is Not A Hallucination
As regulators scrutinize whether businesses can deliver on claims about their artificial intelligence products and services, the industry faces a wave of consumer fraud class actions — but AI companies can protect themselves by prioritizing fundamental best practices that are often overlooked, say Ronald Levine at Herrick Feinstein and Richard Torrenzano at the Torrenzano Group.
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A Look At The Hefty Demands In Calif. Employer AI Draft Regs
California's draft regulations on artificial intelligence use in employment decisions show that the California Privacy Protection Agency is positioning itself as a de facto AI regulator for the state, which isn't waiting around for federal legislation, says Lily Li at Metaverse Law.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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Video Privacy Law Claims After 2nd Circ. NBA Ruling
The Second Circuit's recent ruling in Salazar v. National Basketball Association expanded the definition of what constitutes a consumer under the Video Privacy Protection Act, breathing new life into the law by making any newsletter subscriber to a platform that hosts video content a potential plaintiff, say attorneys at Clark Hill.
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What To Expect From State AGs As Federal Control Changes
Under the next Trump administration, Democratic attorneys general are poised to strengthen enforcement in certain areas as Republican attorneys general continue their efforts with stronger federal support — resulting in a confusing patchwork of policies that create unintended liabilities for businesses operating in multiple jurisdictions, say attorneys at Morgan Lewis.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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A Look At Similarities Between SOX And SEC's Cyber Rule
Just as the Sarbanes-Oxley Act paved the way for greater transparency and accountability in financial reporting, the SEC's cybersecurity rule is doing much the same for cybersecurity, ensuring that companies are resilient in the face of growing cyber threats, says Padraic O'Reilly at CyberSaint.
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DOD Cybersecurity Rule Will Burden And Benefit Contractors
The U.S. Department of Defense’s cybersecurity certification program, finalized in October, will pose tricky and expensive challenges for contractors, given its many requirements and the scarcity of third-party assessors who can provide certification, but companies may ultimately benefit from a narrower pool of competitors, say attorneys at Miles & Stockbridge.
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US Intellectual Property-Based Sanctions Could Be Imminent
A recent presidential delegation suggests that regulators may be ready to wield the sanctions authority found in the Protecting American Intellectual Property Act, which has been unutilized for the first 22 months of its life, say attorneys at Morgan Lewis.