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Cybersecurity & Privacy
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April 30, 2025
Senate Panel Clears Trump's Pick For 3rd FCC Republican
A key U.S. Senate committee on Wednesday advanced President Donald Trump's nominee for the third Republican seat on the Federal Communications Commission.
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April 30, 2025
Judge Orders Mediation In Riley Pope Data Breach Suit
A South Carolina federal judge on Tuesday ordered parties in a proposed class action over a 2024 cyberattack impacting the employees of law firm Riley Pope & Laney LLC's clients to conduct mediation ahead of trial — one day after the firm asked the court to toss the case, claiming the plaintiff has not alleged any actual misuse of his personal information.
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April 30, 2025
Dem Reps. Urge Court To Block IRS-ICE Info-Sharing Pact
House Democrats and two organizations that help immigrants prepare tax returns urged a D.C. federal court to block the Internal Revenue Service from sharing with immigration enforcement agencies the names and addresses of people suspected of being in the country illegally.
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April 29, 2025
5th Circ. Hints Exclusivity Could End Tata's $168M Woe
A Fifth Circuit panel asked whether Tata Consultancy Services had taken trade secrets to solely build a product for a specific customer, questioning Tuesday whether to keep intact a $168 million judgment finding Tata stole an IT company's technology concerning source code and life insurance software documentation.
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April 29, 2025
2nd Circ. Not Sure FCC Fine Denied Verizon's Trial Right
Second Circuit judges questioned Tuesday why the feds couldn't fine Verizon millions of dollars for location data misuse since the telecom carrier has the option of refusing to pay and demanding a jury trial if the U.S. Department of Justice comes to collect.
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April 29, 2025
State Telecom Roundup: Funding Security Without The Feds
The Trump administration has made it clear that it expects states to take the reins regarding cybersecurity infrastructure and disaster preparedness and that the feds plan to step back, but not all states are equally prepared for that task.
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April 29, 2025
FTX Ch. 11 Trust Asks To Keep Customer Info Confidential
In a just-under-the-wire move, the FTX bankruptcy recovery trust has sought a seventh extension for a mid-2023 ruling by the U.S. Bankruptcy Court for the District of Delaware allowing confidential treatment of its 9 million customers' information, citing the data's continued value to the estate.
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April 29, 2025
Meta Seeks Punitives For NSO WhatsApp Hack As Trial Opens
Meta's counsel told a California federal jury during trial openings Tuesday that Israeli spyware-maker NSO Group owes nearly $445,000 plus punitive damages for its "despicable" conduct hacking 1,400 WhatsApp users' devices, while NSO's counsel denied owing Meta anything and criticized Meta's case as a PR attempt to "own the narrative."
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April 29, 2025
Judge Mulls If Google Could Still Vie To Be Default Search
A D.C. federal judge probed potential middle grounds Tuesday for how to give Google's search engine rivals a leg up against the company's monopoly, asking how to avoid a "duopoly" with Microsoft and if Google might be permitted to continue paying browsers and phonemakers for default placement.
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April 29, 2025
Conn. Watchdog Urges Probe Into Avangrid Phishing Scam
Connecticut's Office of Consumer Counsel has asked the state utilities regulator to open a probe into Avangrid Inc.'s alleged public dissemination of customer information, telling the agency in a petition that two of its natural gas subsidiaries in the state fell victim to a phishing scam.
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April 29, 2025
North Georgia Healthcare Provider Sued Over Data Breach
A regional healthcare provider and a collections agency have been hit with a proposed class action in Georgia federal court over allegations that their lax cybersecurity practices allowed hackers to steal the protected health information of patients during a July 2024 data breach.
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April 29, 2025
23andMe Agrees To Privacy Ombudsman In Ch. 11
A Missouri bankruptcy judge on Tuesday signed off on a consumer privacy watchdog for 23andMe's Chapter 11 after the genetic testing group and 30 states agreed that a statutorily authorized ombudsman would be the best way to vet a Chapter 11 sale that includes 15 million users' DNA information.
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April 29, 2025
Mich. AG Says Roku Breached Children's Data Privacy
The Michigan Department of Attorney General sued Roku in federal court Tuesday, accusing the streaming platform of illegally collecting the data and personal information of its underage users and sharing it with third parties without parental consent or the notice required by law.
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April 29, 2025
Meta Looks To Delete User Antitrust Claims Over Pay For Data
Meta urged a California federal court Monday to end antitrust claims from consumers alleging they should be paid for their data, saying flawed expert theories that doomed class certification also sink the entire case for the remaining individual plaintiffs.
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April 29, 2025
Alex Jones Wants High Court Look At $1.3B Sandy Hook Case
Bankrupt Infowars host Alex Jones will ask the U.S. Supreme Court to invalidate a mammoth libel judgment that families of Sandy Hook shooting victims secured against him and his company over his conspiratorial broadcasts calling the massacre a hoax, he told a Connecticut appellate court in seeking to extend a pause on the payout.
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April 29, 2025
Highmark Must Face Bulk Of Data Breach Lawsuit
A group of individuals who said their personal information was compromised in a phishing attack against health insurer Highmark can largely proceed with their proposed class action against the company, a Pennsylvania federal court ruled, finding the plaintiffs sufficiently alleged they'll suffer imminent and concrete injuries, thereby establishing standing.
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April 29, 2025
OKCoin Says Crypto Holders Can't Tie Firm To $2M Theft
Digital asset exchange OKCoin and its affiliates urged a California federal judge to dismiss a proposed class action accusing them of enabling cryptocurrency thieves, arguing the real cause of the plaintiffs' losses was the initial theft, not any actions by the exchange.
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April 29, 2025
Fla. Bitcoin Scammer Warned That 20-Year Sentence On Table
A Manhattan federal judge told a Florida bitcoin scammer on Tuesday that he may face 20 years for refusing to repay $20 million to an entrepreneur whose cryptocurrency he stole, citing the defendant's alleged preference for doing time over making restitution.
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April 29, 2025
2 Insurance Firms Join Frozen IPO Pipeline Seeking $440M
Two insurance companies joined the roster of candidates for initial public offerings on Tuesday by launching plans to raise about $440 million combined under guidance from six law firms, potentially unlocking a stalled pipeline.
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April 29, 2025
Florida, 20 Other States Back FTC Commissioner Firings
A group of 21 Republican-led states and the Arizona Legislature are backing President Donald Trump's firing of two Democratic Federal Trade Commission members, telling the D.C. federal judge hearing the commissioners' case that the president has absolute authority over the commission.
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April 28, 2025
FTC Requires Co. To Cease Inaccurate AI Detection Claims
The Federal Trade Commission on Monday took aim at the marketer of a tool that's designed to detect whether online content has been developed using generative artificial intelligence technology, issuing a directive for the company to stop advertising the accuracy of its product without sufficient evidence.
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April 28, 2025
Meta Gets Jury In Damages Trial Over NSO's WhatsApp Hack
A California federal judge empaneled eight jurors Monday to decide how much Israeli spyware-maker NSO Group owes Meta Platforms for hacking into 1,400 WhatsApp users' devices, selecting from a pool of dozens of San Francisco Bay Area residents, many of whom criticized Meta, its CEO Mark Zuckerberg and the Israeli government.
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April 28, 2025
Ex-Disney Worker Gets 3 Years For Profanity-Laced Menus
A former Walt Disney World employee was sentenced to three years behind bars after he pled guilty in Florida federal court to hacking into a program used to create menus for the theme park's restaurants, adding profanities, changing prices and altering allergen information that could have put patrons at risk.
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April 28, 2025
FCC Tells Courts 5th Circ. Wrong To Kill $57M AT&T Fine
The Federal Communications Commission defended multimillion-dollar fines against T-Mobile and Verizon in letters to the D.C. Circuit and Second Circuit, urging the appeals courts not to heed the Fifth Circuit's toss of a related $57 million privacy fine against AT&T.
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April 28, 2025
SolarWinds Seeks Final Win Over SEC's 'Face-Saving' Case
SolarWinds Corp. has asked a New York federal judge to grant it an early win in a suit brought by the U.S. Securities and Exchange Commission accusing the software developer of hiding cybersecurity vulnerabilities that led to the 2020 Sunburst attack, saying the SEC's suit has "devolved into a face-saving exercise."
Expert Analysis
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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Executive Orders Paving Way For New Era Of Crypto Banking
Recent executive orders have already significantly affected the day-to-day operations of financial institutions that have an interest in engaging with digital assets, and creating informed strategies now can support institutions as the crypto gates continue to open to the banking industry, say attorneys at Spencer Fane.
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Retirement Plan Suits Show Value Of Cybersecurity Policies
Several data breach class actions that were recently filed against retirement plan administrator The Pension Specialists in Illinois federal court are a reminder that developing and following a good written cybersecurity policy provides a blueprint for compliance and may prevent lawsuits, says Carol Buckmann at Cohen & Buckmann.
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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.