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Cybersecurity & Privacy
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April 15, 2025
Atty Sues After His Dog-Themed Meme Coin Gets Hacked
A former BigLaw attorney who created a meme coin in honor of his pet dachshund has sued the crypto wallet provider he used to hold his tokens over "catastrophic security failures and deliberate regulatory evasion" that allegedly allowed a hacker to steal half a million dollars' worth of his meme coin and tank the value of the project in the process.
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April 15, 2025
OCC Pledges Transparency Amid 'Ongoing' Breach Review
Following a "major" breach of its email system, the Office of the Comptroller of the Currency said it is still figuring out what sensitive information was accessed and will let banks know individually if material on them or their customers was included.
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April 15, 2025
Expeditors' IT Shutdown Suit Nudged Toward Mediation
A Washington federal judge said Tuesday a sporting gear company's cybersecurity claims against a logistics contractor will likely survive, but suggested the parties try mediation instead of going straight to trial because it will be "next to impossible" for jurors to set aside their preconceived notions about the internet.
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April 15, 2025
Cops At Insurrection Ask Justices To Let Them Stay Incognito
Four current and former Seattle police officers who attended the 2021 Jan. 6 "Stop the Steal" insurrection in D.C. have made an emergency appeal to the U.S. Supreme Court to stay a ruling by Washington state's high court that barred the officers from litigating their state court privacy claims using John Doe pseudonyms.
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April 15, 2025
Microsoft, Okta Say Their Password Products Don't Infringe IP
Microsoft Corp. and information technology service management company Okta Inc. asked a California federal judge Monday for declarations that their password-generating products don't infringe a San Francisco company's patent covering a method for issuing time-based, one-time passwords.
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April 15, 2025
Dems Back Ex-FTC Commissioners In Firing Suit
Most of the sitting Democrats in Congress have thrown their support behind a lawsuit challenging the president's recent firing of two Federal Trade Commission members, telling a D.C. federal court the commission is meant to be an independent bipartisan agency.
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April 15, 2025
Insurer Says Law Firm's $1.5M Cyber Loss Isn't Covered
A law firm isn't owed additional coverage after hackers allegedly stole more than $1.5 million intended for an attorney who had partnered with the firm on a personal injury case, its cyber insurer said, asking a Washington federal court to dismiss the bulk of the claims.
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April 15, 2025
Public Roads, Public Data, Cos. Say Of Drivers' Privacy Claims
General Motors, OnStar and other companies facing multidistrict litigation accusing them of collecting driving data and selling it without user consent have urged a Georgia federal court to dismiss the claims, arguing that driving data is public because driving happens on public roads.
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April 15, 2025
How An Apple Exec's Attys Turned A Bribe Charge Into 'Vapor'
When jurors ruled this month that an Apple executive's promise to donate iPads to the local sheriff's department was not a bribe, it appeared to vindicate a defense strategy of calling no witnesses and painting the case as fundamentally flawed.
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April 15, 2025
Submarine Cable Rules Need To Follow NIST, Feds Told
Companies that use undersea cables should have flexibility in how they develop their individual cybersecurity plans — as long as those plans comply with the framework laid out by the government's National Institute of Standards and Technology, a trade group is telling the Federal Communications Commission.
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April 15, 2025
NJ Judicial Privacy Law Is Unconstitutional, 3rd Circ. Told
A group of data brokers told the Third Circuit that the New Jersey judicial privacy measure, Daniel's Law, is facially unconstitutional and that a federal district judge effectively "rewrote" it when he found otherwise.
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April 15, 2025
Pharma Tech Firm Hit With Class Claims Over Data Breach
Pharmacy technology company CPS Solutions LLC allegedly failed to implement "basic data security practices" like encrypting patient information before a cybercriminal got into its email system in December, according to a new proposed class action filed in Ohio federal court.
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April 14, 2025
Ransomware Payouts, Forensic Costs Falling, Law Firm Says
The measures that companies are putting in place to guard against ransomware attacks are starting to pay off, with the amount that's being doled out to contain the impact of these incidents and the cost of forensic investigations dropping last year, according to a new BakerHostetler report.
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April 14, 2025
Coinbase Wants 3rd Circ. To Look At Share Traceability Ruling
Coinbase has asked a New Jersey federal judge to let the Third Circuit immediately review the court's decision to allow an investor class action to proceed, saying it runs contrary to Fifth and Ninth circuit rulings concerning the traceability of share purchases, particularly in companies like Coinbase that went public via a so-called direct listing.
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April 14, 2025
Linking Friends No Longer Meta's Focus, Zuckerberg Says
Meta Platforms CEO Mark Zuckerberg testified Monday that the social media giant is no longer solely focused on connecting friends and family, arguing on the first day of the Federal Trade Commission's monopolization trial that the company has broader focus and faces more competition than the FTC claims.
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April 14, 2025
Apple Wants Renewed Cloud Storage Monopoly Suit Tossed
Apple has urged a California federal court to toss the latest version of a proposed class action alleging it gives its iCloud service an advantage over third-party cloud storage providers, saying it limits certain remote-backup features for security and privacy.
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April 14, 2025
Verizon Says Unlocking Rules Are Boon To Crime Rings
Verizon is asking the Federal Communications Commission to allow carriers to wait longer before unlocking customers' devices, telling the agency that device locking is one of the only effective tools for combating phone trafficking crime rings.
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April 14, 2025
Industry Seeks Tougher Laws To Fight Cable Theft, Vandalism
State and local officials should enact more effective laws to fight the growing theft and vandalism of cable infrastructure, according to a new industry report.
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April 14, 2025
4th Circ. Asked To Rethink Credit Union's Liability In Scam
A metal fabricator asked the full Fourth Circuit to rethink a panel decision finding a credit union cannot be held liable for a scammer's use of its services to swindle the fabricator out of $560,000, saying the majority should have deferred to the district court's findings about the scheme.
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April 14, 2025
DOJ Resists Airing Full ICE Pact On Taxpayer Data Sharing
The U.S. government objected Monday to releasing an unredacted copy of a tax-information-sharing agreement between the IRS and immigration enforcement agencies sought by groups seeking to block the disclosure, telling a D.C. federal court that it would reveal sensitive information and law enforcement techniques.
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April 11, 2025
Microsoft, OpenAI Want Out Of Musk's For-Profit Challenge
OpenAI and Microsoft are ready to be done with a lawsuit brought by Elon Musk accusing them of swindling the billionaire by turning OpenAI, the maker of ChatGPT, into a private entity after he and others invested in the artificial intelligence venture.
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April 11, 2025
DOJ Issues Compliance Tips for New Data Security Program
The U.S. Department of Justice published tips Friday on complying with the new national data security program — which was created under the Biden administration and took effect April 8 — to prevent China, Russia, Iran and other foreign entities from exploiting Americans' sensitive personal data through commercial transactions.
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April 11, 2025
Ireland Probes X's Use Of Public Posts To Train AI Tool Grok
Ireland's data protection authority said Friday that it is forging ahead with an investigation into whether efforts by the Elon Musk-owned social media platform X to train its artificial intelligence model Grok on personal data lifted from public posts complied with the European Union's data protection rules.
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April 11, 2025
CFPB To Pull Medical Debt Opinion, May Ax Nonbank Registry
The Consumer Financial Protection Bureau said Friday that it will scrap recent guidance aimed at reining in medical debt collectors and may close out its new national nonbank enforcement registry, extending the agency's pullback from its Biden-era policies.
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April 11, 2025
Coinbase 'Mining Pools' Scam Case Heads To Arbitration
Cryptocurrency exchange Coinbase and its subsidiary Toshi Holdings Ltd. are moving ahead with arbitration of a Virginia man's claims that he saw $50,000 drained from his Coinbase wallet by means of a "malicious smart contract" that appeared to be a liquidity mining pool.
Expert Analysis
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Explaining CFPB's Legal Duties Under The Dodd-Frank Act
While only Congress can actually eradicate the Consumer Financial Protection Bureau, the Trump administration has sought to significantly alter the agency's operations, so it's an apt time to review the minimum baseline of activities that Congress requires of the CFPB in Title X of the Dodd-Frank Act, say attorneys at Bradley Arant.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Recent Cases Highlight Latest AI-Related Civil Litigation Risks
Ongoing lawsuits in federal district courts reveal potential risks that companies using artificial intelligence may face from civil litigants, including health insurance coverage cases involving contractual and equitable claims, and myriad cases concerning securities disclosure claims, say attorneys at Katten.
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What Rodney Hood's OCC Stint Could Mean For Banking
Acting Comptroller of the Currency Rodney Hood's time at the helm of the OCC, while temporary, is likely to feature clarity for financial institutions navigating regulations, the development of fintech innovation, and clearer expectations for counsel advising on related matters, say attorneys at Vedder Price.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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4 Actions For Cos. As SEC Rebrands Cyber Enforcement Units
As the U.S. Securities and Exchange Commission signals its changing enforcement priorities by retooling a Biden-era crypto-asset and cybersecurity enforcement unit into a task force against artificial-intelligence-powered hacks and online investing fraud, financial institutions and technology companies should adapt by considering four key points, say attorneys at Troutman.
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Class Actions At The Circuit Courts: March Lessons
In this month's review of class actions appeals, Mitchell Engel at Shook Hardy discusses three federal appellate court decisions and identifies practice tips from cases involving antitrust allegations against coupon processing services, consumer fraud and class action settlements.
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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.