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Cybersecurity & Privacy
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October 01, 2025
Groups Seek Block On Use Of IRS, SSA Data For Deportations
A coalition of immigrant advocacy groups has asked a Massachusetts federal judge to block the government from the "unfettered" use of Internal Revenue Service and Social Security Administration data to identify and target millions of people for deportation.
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October 01, 2025
Software Co. Not Covered For $3M Privacy Fight, Court Says
Various Travelers units owe no coverage to a software provider that reached a nearly $3 million class action settlement over claims that it violated Illinois' Biometric Information Privacy Act, a federal court ruled, finding that an exclusion relating to the "access or disclosure" of personal information is applicable.
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September 30, 2025
Google Ad Tech Judge Says Court Order Is 'Elephant In Room'
A Virginia federal judge again wondered Tuesday how far she must go to address Google's advertising placement technology monopolies, asking if a breakup is needed since, no matter what happens, the company will be under a court order banning efforts to put its thumb on the scales of competition.
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September 30, 2025
FTC Hits Sendit App Over Kids' Data, Fake Messages
The operator of the anonymous messaging app Sendit and its top executive have been illegally collecting personal information from children that they're "well aware" were using their service, and tricking users with fake messages and other misleading tactics to entice consumers into buying paid subscriptions, the Federal Trade Commission alleged in a California federal lawsuit.
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September 30, 2025
State Telecom Roundup: Age Verification Laws
State laws requiring that websites verify the ages of users in order to access adult content have been picking up speed in recent years. Half the country now has laws on the books that require certain platforms to confirm that users are adults, a trend proponents say will protect children and that opponents have called an attack on the right to access free speech. Here, Law360 takes a look at some of those laws.
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September 30, 2025
DC Circ. Upholds Contempt Order Against Ex-Fox Journalist
A D.C. Circuit panel on Tuesday affirmed a lower court's contempt order against a former Fox News journalist who refused to reveal a confidential source that leaked FBI investigation materials about a Chinese American scientist.
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September 30, 2025
FCC Pushes Prison Phone Jamming, Despite Dem's Concerns
The Federal Communications Commission on Tuesday advanced a plan to let state and local prisons jam the signals of contraband cellphones, even as a Democratic commissioner voiced worries about the potential for interference with lawful communications.
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September 30, 2025
Senate Bill Would Allow Claims Against AI Cos.
A pair of senators unveiled a bill Tuesday that would classify artificial intelligence technologies as products under the law to allow consumers to sue if an AI product causes harm, an issue testing the courts as litigation targets AI-fueled chatbots.
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September 30, 2025
Ga. Tech To Pay $875K To Resolve Cybersecurity FCA Suit
A research arm of the Georgia Institute of Technology has agreed to pay $875,000 to end a whistleblower suit alleging the organization knowingly failed to comply with government cybersecurity standards while working on defense contracts, the Department of Justice said Tuesday.
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September 30, 2025
Nationwide Insurers Must Defend Auto Co. In BIPA Dispute
Two Nationwide units must defend an automotive accessory company accused of violating Illinois' Biometric Information Privacy Act, an Illinois federal court held Tuesday, following a ruling in a separate case that found no coverage for the company under its Hanover Insurance policies.
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September 30, 2025
CFPB Looks To Save Renewed Experian Credit Reporting Suit
Consumer reporting agency Experian Information Solutions Inc. should not be allowed to escape certain Fair Credit Reporting Act allegations taking aim at its handling of consumer disputes, the Consumer Financial Protection Bureau has argued, asserting the parties made an "inadvertent mutual mistake" in leaving Experian's name off the parties' agreement to toll the CFPB's claims.
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September 30, 2025
Defamation Litigation Roundup: Trump, Baker McKenzie
In this month's review of defamation fights, Law360 reports the latest updates in President Donald Trump's suits against major news organizations over their reporting on his presidency and relationships, as well as developments in a voting machine company's suit against MyPillow's CEO over election-rigging claims.
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September 30, 2025
Undercover Cop's Nonwhite 'Bitmoji' May Be Bias, Court Says
A Massachusetts police department's use of a nonwhite "bitmoji" avatar while conducting gang surveillance on Snapchat could reasonably be viewed as selective enforcement, the state's high court said on Tuesday, in a case being watched by a coalition of criminal justice, civil liberties and privacy advocates.
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September 30, 2025
Calif. Agency Fines Retailer $1.35M Over Data Privacy Lapses
Rural lifestyle retailer Tractor Supply Co. will pay a record $1.35 million penalty and overhaul its data privacy practices to resolve the California privacy agency's claims that it failed to properly notify consumers and job applicants of their privacy rights, maintain adequate agreements with service providers and provide consumers with an effective way to stop the sharing and sale of their personal information, the regulator announced Tuesday.
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September 29, 2025
Meta Faces Sanctions Bid Alleging Co. Destroyed 'Taps' Data
Personal injury plaintiffs have urged a California state judge to sanction Meta Platforms Inc. in coordinated litigation over claims social media harms young users' mental health, alleging Meta willfully destroyed crucial time‑stamped "taps" data that captures users' taps, scrolls and swipes on Facebook and Instagram.
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September 29, 2025
Newsom Signs AI Law Requiring Guardrails, More Disclosures
California Gov. Gavin Newsom on Monday signed into law a bill that bolsters safety and disclosure requirements for artificial intelligence companies in the Golden State, a measure the governor said further establishes California as a leader in "safe, secure and trustworthy artificial intelligence."
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September 29, 2025
Google VP Says Ad Tech Breakup Has Risks For Publishers
A Google LLC executive tried to convince a Virginia federal judge Monday that the U.S. Justice Department has the company's advertising placement technology business backward, arguing that instead of helping website publishers, the breakup sought by the government would cost time and money, while artificial intelligence is scrambling prospects too much to warrant greater intervention.
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September 29, 2025
Meta Ducks Antitrust Suit As Economist's Opinions Excluded
A California federal judge on Monday freed Meta from an antitrust lawsuit that accused it of monopolizing an asserted market for personal social networking, saying Facebook users failed to prove the existence of an antitrust injury, with or without help from an expert witness.
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September 29, 2025
Chess Website Can't Dodge Suit Over Video Data-Sharing
An Illinois federal judge has refused to ax a proposed class action accusing Chess.com LLC of illegally sharing information about website visitors' video-viewing activities, finding that the plaintiff qualified as a "consumer" and met two other necessary elements to assert a claim under the Video Privacy Protection Act.
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September 29, 2025
Resort Co. Loses TCPA Suit Targeting Unsolicited Promo Calls
Club Exploria LLC lost its bid to compel arbitration in a class action targeting unsolicited telemarketing calls when an Illinois federal judge favored instead the lead plaintiff's bid for a quick win on his claim that the resort company violated the Telephone Consumer Protection Act.
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September 29, 2025
Insurer Loses Bid To Ax Coverage Of $1.35M Wire Loss Fight
An Arizona federal court on Monday tossed an insurer's action seeking to avoid covering a brokerage firm in an underlying state court suit alleging it caused an audio company's buyer to lose $1.35 million through an incorrect wire transaction, finding both cases turn on the same factual issues.
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September 29, 2025
Meta Stole Plan For Instagram Shopping, Antitrust Suit Alleges
A British company Friday sued Meta Platforms Inc. in California federal court, claiming the tech giant was only able to build Instagram Shopping and create a "Meta monopoly" over the tag-based shopping market by secretly stealing the startup's proprietary business plan and exploiting its social network dominance.
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September 29, 2025
Ill. Judge Trims Suit Over Chicago Children's Hospital Hack
Patients and patrons of Lurie Children's Hospital in Chicago whose personal information was allegedly compromised in a hack can pursue their claim that the hospital's negligent data security practices led to the exposure, but an Illinois federal judge dismissed most of their other claims.
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September 29, 2025
MyPillow CEO Defamed Smartmatic, Minn. Judge Rules
MyPillow CEO Mike Lindell defamed Smartmatic when he accused the voting systems company of rigging votes in the 2020 election to favor President Joe Biden, a Minnesota federal judge ruled, but issues of damages and whether the statements were made with malice will need to be worked out by a jury.
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September 29, 2025
TikTok Can't Use Section 230 To End NJ AG's Harm Suit
A New Jersey state court judge has rejected TikTok's bid to use an internet safety law carveout that shields publishers of third-party information to end Attorney General Matthew Platkin's lawsuit over the exploitation of children, reasoning that the alleged harm stems from the social media app's design rather than what users view.
Expert Analysis
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Breaking Down Novel Va. Social Media Law For Minors
While a Virginia bill passed in May is notable for setting a one-hour daily limit on minors' use of social media, other provisions create compliance burdens for social media operators and app store providers, and increase privacy and security risks associated with the collection of sensitive information to prove identity, says Jenna Rode at Hunton.
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Litigation Inspiration: How To Respond After A Loss
Every litigator loses a case now and then, and the sting of that loss can become a medicine that strengthens or a poison that corrodes, depending on how the attorney responds, says Bennett Rawicki at Hilgers Graben.
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DOJ Crypto Enforcement Is Shifting To Target Willfulness
Three pending criminal prosecutions could be an indication of how the U.S. Department of Justice's recent digital assets memo is shaping enforcement of the area, and show a growing focus on executives who knowingly allow their platforms to be used for criminal conduct involving sanctions offenses, say attorneys at Gibson Dunn.
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How NJ's Proposed Privacy Rules Could Reshape AI Data Use
Although not revolutionary, New Jersey's proposed privacy rules would create obligations around the management and processing of consumer personal data that will require careful planning before they can be successfully implemented, say attorneys at Norton Rose.
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The Metamorphosis Of The Major Questions Doctrine
The so-called major questions doctrine arose as a counterweight to Chevron deference over the past few decades, but invocations of the doctrine have persisted in the year since Chevron was overturned, suggesting it still has a role to play in reining in agency overreach, say attorneys at Crowell & Moring.
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Business Takeaways Following CCPA Enforcement Actions
Advisories and recent enforcement activity by the California Privacy Protection Agency against Honda and Todd Snyder underscore the agency's enforcement interest in the intersection of data minimization and consumer rights, and could make it more challenging for a business to provide a streamlined consumer rights process, say attorneys at Covington.
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EU Space Act Could Stifle US Commercial Operators
The EU Space Act, proposed last month, has the potential to raise global standards for safety and sustainability in space, but the U.S. and EU need to harmonize their regulatory approaches to avoid imposing regulatory burdens that undermine commercial innovation and agility, say Jessica Noble and Adriane Mandakunis at Aegis Space Law.
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Unpacking Enforcement Challenges Of DOJ's Bulk Data Rule
Now fully effective, the U.S. Department of Justice's new data security program represents the U.S.' first data localization requirement ripe for enforcement, but its implementation faces substantial practical challenges that may hinder the DOJ's ability for wide-ranging or swift action, say attorneys at Cleary.
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Nuclear Stakeholders Must Prepare For Cyber Threats
As the White House signals its support for a revival of nuclear power to supply the power needs of data centers and the artificial intelligence industry, investors and operators must keep in mind that safeguarding nuclear infrastructure from evolving cyber threats will be essential, say attorneys at A&O Shearman.
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Series
Playing Mah-Jongg Makes Me A Better Mediator
Mah-jongg rewards patience, pattern recognition, adaptability and keen observation, all skills that are invaluable to my role as a mediator, and to all mediating parties, says Marina Corodemus.
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Lively-Baldoni Saga Highlights Insurance Coverage Gaps
The ongoing legal dispute involving "It Ends With Us" co-stars Justin Baldoni and Blake Lively raises coverage questions across various insurance lines, showing that effective coordination between policies and a clear understanding of potential gaps are essential to minimizing unexpected exposures, says Katie Pope at Liberty Co.
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FTC Staff Cuts Unlikely To Curb Antitrust Enforcement Agenda
While Federal Trade Commission Chair Andrew Ferguson's recent commitment to reducing agency staff may seem at odds with the Trump administration's commitment to antitrust enforcement, a closer analysis shows that such reductions have little chance of derailing the president's efforts, say attorneys at Squire Patton.
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Series
Law School's Missed Lessons: Navigating Client Trauma
Law schools don't train students to handle repeated exposure to clients' traumatic experiences, but for litigators practicing in areas like civil rights and personal injury, success depends on the ability to view cases clinically and to recognize when you may need to seek help, says Katie Bennett at Robins Kaplan.
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5 Things Manufacturing GCs Should Know About Cyber Risk
Following a recent government report underscoring the growing cyber threat landscape for manufacturers, general counsel in the sector should be aware of the potentially broad consequences of a cyberattack, evolving notification systems and the need for incident response plans, say attorneys at Alston & Bird.
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Challenging A Class Representative's Adequacy And Typicality
Recent cases highlight that a named plaintiff cannot certify a putative class action unless they can meet all the applicable requirements of the Federal Rules of Civil Procedure, so defendants should consider challenging a plaintiff's ability to meet typicality and adequacy requirements early and often, say attorneys at Womble Bond.