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Cybersecurity & Privacy
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August 26, 2025
Google Backers Cite Security, Competition To 9th Circ.
Trade groups, cybersecurity experts, think tanks and others backed Google with proposed Ninth Circuit amicus briefs arguing that an order affirmed by an appeals panel opening up the Play Store will upend competition and endanger security.
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August 26, 2025
Capital One Beats Robocall Class Cert. Appeal At 4th Circ.
The Fourth Circuit has affirmed that consumers who accused Capital One of violating consumer protection laws by leaving prerecorded messages on their cell phones cannot be certified as a class, agreeing that it would be too difficult to ascertain members of the proposed class who weren't customers of the bank.
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August 26, 2025
Airbnb Argues Secret Filming Not Legally Sexual Harassment
Airbnb says the federal law prohibiting forced arbitration in sexual misconduct claims doesn't apply to a lawsuit filed by six women who claim that they were secretly filmed nude during their stay at a California rental, arguing to a Los Angeles County court that clandestine recordings do not count as sexual assault or harassment.
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August 26, 2025
Ohio Cannabis Biz Accused Of Leaking Patient Data
An Ohio company that connects patients with physicians to secure medical marijuana cards is accused in a new federal proposed class action of making public the personal information of its clients and others.
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August 26, 2025
Cert. In Pepperidge BIPA Action Sunk Over Counsel Conflict
An Illinois appellate panel on Monday reversed a trial court's order certifying a class of Pepperidge Farm workers bringing biometric privacy claims, saying it improperly allowed the law firm of the lead plaintiff's daughter to remain as class counsel.
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August 26, 2025
MAC's Live Video Try-On Tech Violates BIPA, Customer Says
A MAC Cosmetics customer has lodged proposed class biometric privacy claims against the beauty retailer in Illinois state court, claiming the company uses live-video, try-on technology that scans and uses consumers' geometric facial data without informed consent.
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August 26, 2025
TikTok Takes State's Addictive App Case To NC Top Court
TikTok and its Chinese parent company are taking the state of North Carolina's lawsuit accusing it of intentionally designing the app to addict young users to the state's highest court after a Business Court judge rejected their early exit bid.
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August 25, 2025
Del. Justices Won't Revive Hunter Biden Defamation Suit
Delaware's highest court on Monday affirmed a lower court's decision to toss defamation claims a computer repair shop owner lodged against Hunter Biden and others over media reports he asserted tied him to Russian disinformation, saying no reasonable person would have concluded that statements he alleged were defamatory concerned him.
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August 25, 2025
'Bring Him In': Judge Blasts Google Atty Over Witness Travel
The California federal judge overseeing a multibillion-dollar privacy lawsuit alleging Google illegally collected data from 98 million cellphone users chastised an attorney for the tech giant for allowing a Google employee on the witness list to leave on a trip, ordering the lawyer to "get him on an airplane" and "bring him in."
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August 25, 2025
Meta Has No Grounds To Erase Flo Privacy Verdict, Users Say
Flo app users opposed Meta's bid to overturn a California federal jury verdict that found it liable for using an online tracking tool to unlawfully retrieve sensitive health data users entered into the menstrual tracking app, arguing that the company can't scrap the decision because it doesn't "like" the outcome.
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August 25, 2025
SeatGeek Shares Users' Info With TikTok And Meta, Suit Says
A SeatGeek customer filed a proposed class action in California federal court alleging the ticketing platform is violating the state's "trap and trace" law by using tracking software tools created by TikTok and Meta to gather the personal data of SeatGeek's website visitors without consent for targeted advertising purposes.
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August 25, 2025
Epic Says Google Ought To Pay Up For Play Store Fight
While Google is busy appealing a ruling mandating that it open up its Play store, Epic Games isn't waiting to ask a California federal judge to order the technology titan to pay the $180 million in legal bills it racked up over the course of the five-year court battle.
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August 25, 2025
4th Circ. Rejects CEO's Bid To Toss Wire Fraud Guilty Plea
The Fourth Circuit has upheld the conviction of web hosting company Micfo and its chief executive on charges that he fraudulently obtained IPv4 addresses from the American Registry for Internet Numbers, rejecting a challenge that CEO Amir Golestan would not have taken a plea deal if he'd been warned of denaturalization risks.
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August 25, 2025
X Sues Apple, OpenAI For Cutting 'Anticompetitive' Deal
Billionaire Elon Musk on Monday made good on a promise that his artificial intelligence venture xAI would lodge an antitrust suit against Apple Inc. and OpenAI Inc. to target the companies' deal that integrated ChatGPT into the iPhone operating system, telling a Texas federal judge the arrangement stifles competition.
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August 25, 2025
More Than 1,200 Telcoms Booted From Phone Networks
More than 1,200 voice service providers have been blocked from U.S. phone networks after "shirking" their obligations to use a database that tracks unwanted call traffic, the federal government said Monday.
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August 25, 2025
Fortive To Pay $3M To Settle Data Breach Suits
Tech firm Fortive Corp. will pay $3 million to end a class action involving tens of thousands of people whose information was exposed through two ransomware attacks in 2023, according to a settlement agreement given the nod by a Washington federal judge.
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August 25, 2025
Epic's 9th Circ. Case Against Apple Draws Amicus Support
Epic Games has received backing from state enforcers, Microsoft, Spotify and others as the Fortnite developer opposes Apple's Ninth Circuit appeal challenging an order blocking commissions on purchases made outside of Apple's own app payment system.
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August 25, 2025
Long Island Tax Pro Gets 18 Months For $12M Pandemic Scam
A Manhattan federal judge sentenced a wealthy Long Island tax preparer to 18 months in prison Monday, after he admitted filing over 100 fraudulent applications for nearly $12 million of loans earmarked to help businesses hit by the COVID-19 pandemic.
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August 25, 2025
Wyden Urges Independent Review Of Courts' Cybersecurity
U.S. Sen. Ron Wyden, D-Ore., a cybersecurity hawk, urged Chief Justice John Roberts on Monday to commission an independent study of the federal judiciary's cybersecurity practices in light of two significant hacks in the last five years.
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August 25, 2025
Advocate Orgs. Ask DC Circ. To Stop IRS Sharing Info With ICE
Immigrant advocacy groups urged the D.C. Circuit to stop the IRS from sharing taxpayer addresses with immigration authorities, saying the court should consider the substance of their challenge to an unprecedented information sharing deal rather than toss their case on procedural grounds put forward by the government.
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August 25, 2025
NJ Court Upholds Most Claims In Judicial Privacy Suits
Lawsuits filed by a data privacy group representing judges, prosecutors and law enforcement officials may continue against companies and groups that published their home addresses and unlisted phone numbers after a New Jersey federal judge on Monday denied the defendants' motions to dismiss.
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August 22, 2025
Coder Gets 4 Years For 'Kill Switch' On Ex-Employer's System
A Texas-based software developer has been sentenced in Ohio federal court to four years in prison after an unsuccessful attempt at getting a new trial following his conviction for deploying a "kill switch" on his former employer's network.
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August 22, 2025
Chicago Schools, Tech Firm Can't Shake Student Privacy Suit
An Illinois federal judge has refused to release the Chicago Board of Education and one of its technology providers from a proposed class action accusing them of invading students' privacy by surreptitiously monitoring their communications through a higher education preparedness platform, allowing federal wiretap and other allegations to proceed while tossing a constitutional rights claim.
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August 22, 2025
Kroll Catches Class Suit Over Crypto Bankruptcy Data Breach
Kroll has been hit with a proposed class action in Texas federal court from an FTX creditor who says the claims and noticing agent should've done more to secure user data and notify claimants of key bankruptcy deadlines after it suffered a data breach that exposed creditors to a bevy of email attacks.
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August 22, 2025
9th Circ. Blocks Meta's MDL Discovery Against State Agencies
The Ninth Circuit blocked an order requiring California's attorney general and third-party state agencies to respond to Meta's discovery demands in multidistrict litigation concerning the company's allegedly addictive designs, ruling Friday the attorney general isn't deemed to possess or control the state agencies' records and Meta must obtain them through subpoenas.
Expert Analysis
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.
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Planning For Open Banking Despite CFPB Uncertainty
Though pending litigation or new Consumer Financial Protection Bureau leadership may reshape the Biden-era regulation governing access to consumer financial data, companies can use this uncertain period to take practical steps toward an open banking strategy that will work regardless of the rule’s ultimate form, says Adam Maarec at McGlinchey Stafford.
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Crunching The Numbers Of Trump SEC's 1st 100 Days
During the first 100 days of the second Trump administration, the U.S. Securities and Exchange Commission brought significantly fewer stand-alone enforcement actions than at the beginning of the Biden and the first Trump administrations, with every one of the federal court complaints including allegations of fraudulent conduct, say attorneys at Dentons.
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Atty Insurance Implications Of Rising Nonclient Cyber Claims
As law firms are increasingly targeted in cyberattacks, claims by clients as well as nonclients against lawyers are also on the rise, increasing the scope of exposure that attorneys face in their practice, say attorneys at Wilson Elser.
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Why Attys Should Get Familiar With Quantum Computing
Quantum computing is projected to pose significant updates to current practices in cryptography, making the issue relevant to policymakers and the legal profession generally, particularly when it comes to data storage, privacy regulations and pharmaceutical industry market changes, say professors at the University of San Francisco.
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.
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A Look At Probabilistic Tracing After High Court's Slack Ruling
Recent decisions following the U.S. Supreme Court's 2023 ruling in Slack v. Pirani have increased the difficulty of pleading Securities Act claims for securities issued in direct listings by rejecting the use of statistical probabilities to establish that share purchases were traceable to a challenged registration statement, says Jonathan Richman at Brown Rudnick.
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3 Change Management Tools To Boost Compliance Efforts
As companies grapple with rapidly changing regulations and expectations, leaders charged with implementing their organizations’ compliance programs should look to change management principles to make the process less costly and more effective, says Liisa Thomas at Sheppard Mullin.
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Legal Ethics Considerations For Law Firm Pro Bono Deals
If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.
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Series
Playing Football Made Me A Better Lawyer
While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.
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10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks
The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.
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Electronic Shelf Labels Pose Myriad Risks For Retailers
While electronic shelf labels offer retailers a new way to convey pricing and other product information to consumers, the technology has attracted the attention of U.S. policymakers and consumer advocates, so businesses must assess antitrust, data privacy and discrimination risks before implementation, say attorneys at Baker McKenzie.
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Series
Power To The Paralegals: The Value Of Unified State Licensing
Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.
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Pay Cos. That Adapt Can Benefit As Gov't Ends Paper Checks
Recent executive orders, instructing the government to cease issuing paper checks and to modernize and fraud-proof federal payments, will likely benefit financial services providers that facilitate government disbursements — provided they can manage the challenges and risks of transitioning to fully digital payments, say attorneys at Davis Wright.
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10 Soft Skills Every GC Should Master
As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.