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Cybersecurity & Privacy
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June 23, 2025
Trump Admin Says Justices' Ruling Should Kill SSA Data Suit
The Trump administration is looking to scrap a union-brought challenge to the Department of Government Efficiency's ability to access Americans' Social Security information, telling a Maryland federal judge that the U.S. Supreme Court's recent pausing of an injunction won by the unions shows the administration's position is strong.
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June 23, 2025
Ga. Doctor On $2M Hook For Decapitated Baby Instagram Posts
A Georgia state jury has awarded $2.25 million in a privacy suit accusing a pathologist of unlawfully posting autopsy videos on Instagram of a baby who was decapitated during an allegedly botched delivery.
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June 23, 2025
FTC Tells Court Not To Pause Meta's Privacy Order Challenge
The Federal Trade Commission is pushing back on Meta's request to stay the company's constitutional challenge to the commission's bid to bar the Facebook parent from monetizing children's data for 90 days, saying Meta has done nothing to show it could be harmed by continuing the case.
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June 23, 2025
X Nears Deal In Contract, Antitrust Fight With Data Scraper
A California federal judge overseeing litigation launched by X Corp. accusing data scraper Bright Data Ltd. of improperly accessing its servers granted the parties' request to stay the case after receiving a joint stipulation stating they'd reached a settlement in principle and were "working diligently" to finalize the deal.
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June 23, 2025
DOJ Sues Wash. Over New Abuse Reporting Rule For Clergy
The U.S. Department of Justice on Monday moved to join the Catholic Church's constitutional challenge of a Washington state law making clergy members mandatory reporters of suspected child abuse, saying the requirement violates priests' right to freely exercise religion by forcing them to disclose information shared during Confession.
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June 23, 2025
Senate Adviser Clears Way For AI Moratorium In Budget Bill
The U.S. Senate won't have to meet a heightened vote threshold to enact a sweeping provision tucked into the current budget proposal that would block states from regulating artificial intelligence for a decade, after the chamber's parliamentarian concluded that the controversial measure could remain in the bill.
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June 23, 2025
Western Digital Gets $553M Patent Judgment Slashed To $1
A California federal judge has agreed to wipe out a $553 million verdict against Western Digital for infringing a SPEX Technologies Inc. data security patent, instead finding that Western Digital owes just $1, according to an order docketed Monday.
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June 23, 2025
Small Biz Benefits Brokerage Faces Ga. Suit Over Data Breach
An Atlanta-based provider of healthcare benefits, payroll and other human resources functions for small businesses, was hit with a proposed class action in Georgia federal court over allegations that it failed to properly safeguard the personally identifiable information of its customers during a 2024 data breach.
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June 23, 2025
Aflac Hit With Data Breach Class Action In Ga.
Aflac Inc. was sued Saturday in Georgia federal court over allegations that it failed to safeguard the personally identifiable information and protected health information of its customers during a recent data breach.
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June 23, 2025
Ohio Debt Collector Calls Robocall Claims Too Thin To Pursue
A debt collection agency in Marietta, Ohio, asked a federal judge to toss part of a proposed class action brought against it for allegedly violating the Telephone Consumer Privacy Act by placing unsolicited robocalls to debtors, saying the suit failed to allege that the company actually used automatic calling systems.
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June 23, 2025
$500K Election Audit Deal Shields Mich. Atty, Court Told
A Michigan attorney has told a federal judge that a $500,000 settlement reached between a Pennsylvania businessman and a cybersecurity firm suing over unpaid voting machine investigation bills also covers her, encouraging the court to dismiss the case entirely or order the plaintiffs to return the money paid to them.
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June 23, 2025
Catching Up With Delaware's Chancery Court
The Delaware Supreme Court reversed a year-old $199 million judgment against TransCanada in a suit challenging a merger that occurred nearly a decade ago, Aspen Technology Inc. was hit with another suit over its pending $7.2 billion merger with Emerson Electric, and Nielson Holdings Ltd. secured a temporary restraining order against its spinoff. In case you missed it, here's the latest from the Delaware Chancery Court.
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June 23, 2025
Kennedys Expands With Litigators In Philly, Midwest
Kennedys Law LLP expanded its litigation team with the recent addition to its offices in Philadelphia and Chicago of four attorneys specializing in liability, insurance and cybersecurity.
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June 23, 2025
Michael Best Adds AI Pro To Transactions Group In DC
Michael Best & Friedrich LLP has announced the firm recently welcomed to its transactional practice group an attorney who has more than two decades of experience working with regulatory, compliance and security matters associated with artificial intelligence governance, data privacy and cybersecurity matters.
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June 23, 2025
Medical AI Co. Says Rival Targeted 'Crown Jewel' Source Code
OpenEvidence, a Massachusetts artificial intelligence company focusing on medical information, has filed a lawsuit in federal court accusing a competitor of using misappropriated personal information and sophisticated prompts in an attempt to pry trade secrets from the startup's platform.
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June 23, 2025
Crypto Exec Seeks 5th Circ. Redo Over IRS Summonses
A cryptocurrency executive asked the Fifth Circuit to reconsider his request to quash IRS summonses for his bank records, saying its decision that he was prematurely trying to appeal a lower court's ruling ignored his claims that the agency's documents were incomplete and lacked legal power.
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June 20, 2025
AT&T Customers' $177M Data Breach Deal Wins Initial OK
A Texas federal judge Friday gave her initial blessing to a $177 million settlement resolving a flood of claims accusing AT&T Inc. of failing to safeguard customers' sensitive information during two separate incidents that exposed the data of tens of millions of people.
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June 20, 2025
23andMe Judge Aims For Quick Decision On Sale To Founder
After a second all-day hearing, a Missouri bankruptcy judge said he would decide as quickly as he can on the proposed $305 million sale of genetic testing company 23andMe to a nonprofit led by co-founder Anne Wojcicki.
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June 20, 2025
Bloomingdale's Website Tracking Suit Revived On CIPA Claim
The Ninth Circuit on Friday reversed the toss of a proposed class action accusing Bloomingdale's of illegally capturing website visitors' activities in violation of the California Invasion of Privacy Act, finding the plaintiff had sufficiently alleged that the retailer had disclosed the "contents" of her communications to a third-party software provider.
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June 20, 2025
Healthcare Suit Financer Faces New Suit Over Data Breach
Omni Healthcare Financial, which provides financial services to healthcare companies facing personal injury suits, has been hit with a fresh proposed class action alleging it allowed hackers access to health records and other personal information of more than 16,000 individuals in a data breach last year.
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June 20, 2025
Walmart Shells Out $10M To Resolve FTC Money Transfer Suit
Walmart has agreed to pay $10 million to put to rest the Federal Trade Commission's allegations that the retailer "turned a blind eye to scammers" who facilitated fraud through its money transfer services, according to an announcement made Friday.
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June 20, 2025
Feds, Dems Debate Impact Of Resignation On FTC Firing Case
The Trump administration told a D.C. federal court the recent resignation of a fired Federal Trade Commission member strips the court of jurisdiction over his claims seeking to be reinstated, while the two Democrats argued the resignation has no impact.
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June 20, 2025
2nd Circ. Affirms End Of NFL Meta Pixel Code Privacy Suit
The Second Circuit on Friday declined to revive a New York federal lawsuit against the NFL over its use of Meta's tracking pixel on its website, finding an ordinary person would not be able to decipher the information collected.
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June 20, 2025
Texas Jury To Decide Google Ad Tech Liability, Not Damages
A Texas federal judge is giving Google only partial reprieve from facing a jury on state attorneys general claims targeting its advertising placement technology business, leaving liability under federal antitrust law and any damages up to the court, while letting most state law claims go to the jury.
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June 20, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Pogust Goodhead face legal action from mining giant BHP Group, Trainline bring a procurement claim against the Department for Transport, Sworders auction house sue Conservative peer Patricia Rawlings, and Nokia hit with a patents claim by Hisense. Here, Law360 looks at these and other new claims in the U.K.
Expert Analysis
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Reassessing Corporate Separateness After Explosion Of LLCs
Following the dramatic increase of limited liability companies in the U.S., the Corporate Transparency Act's enactment and the Trump administration's subsequent narrowing of that law, it's worth revisiting the underlying legal principles that govern shell companies in order to remedy the problems that initially motivated the CTA, says Jeff Newton at Omni Bridgeway.
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Series
Playing Guitar Makes Me A Better Lawyer
Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.
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Fines Against Apple, Meta Set Digital Markets Act Precedent
The European Commission's recent fines against Apple and Meta, the first under the Digital Markets Act, send a clear message that the act's reach and influence on regulatory thinking is global, say lawyers at Waterfront Law.
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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When Physical And Cyber Threats Converge: 6 Tips For Cos.
Amid an ongoing trend of increased digital threats of harm made against corporations, organizations and high-profile individuals, an emerging legal framework is providing a risk management road map for general counsel and their teams to navigate the increasingly fraught landscape, say attorneys at Covington.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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7 Considerations For Conducting Drug Clinical Trials Abroad
With continuing cuts to U.S. Food and Drug Administration staffing motivating some pharmaceutical companies to consider developing drugs abroad, it's important to understand the additional risks and compliance requirements associated with conducting clinical studies in other countries, say attorneys at Morgan Lewis.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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Compliance Lessons From Warby Parker's HIPAA Fine
The U.S. Department of Health and Human Services' civil money penalty against Warby Parker highlights the emerging challenges that consumer-facing brands encounter when expanding into healthcare-adjacent sectors, with Health Insurance Portability and Accountability Act compliance being a potential focus of regulatory attention, say attorneys at Saul Ewing.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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A Tale Of Two Admins: Parsing 1st Half Of SEC's FY 2025
The first half of the U.S. Securities and Exchange Commission's fiscal year 2025, which ended March 31, was unusually eventful, marked by a flurry of enforcement actions in the last three months of former Chair Gary Gensler's tenure and a prompt pivot after Inauguration Day, say attorneys at Jones Day.
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Rebuttal
Mass Arbitration Reform Must Focus On Justice
A recent Law360 guest article argued that mass arbitration reform is needed to alleviate companies’ financial and administrative burdens, but any such reform must deliver real justice, not just cost savings for the powerful, says Eduard Korsinsky at Levi & Korsinsky.
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Getting Ahead Of The SEC's Continued Focus On Cyber, AI
The U.S. Securities and Exchange Commission is showing it will continue to scrutinize actions involving cybersecurity and artificial intelligence, but there are proactive measures that companies and financial institutions can take to avoid regulatory scrutiny going forward, say attorneys at Morgan Lewis.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.
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IRS And ICE Info Sharing Could Drive Payroll Tax Enforcement
Tax crimes are historically difficult to prosecute, but the Internal Revenue Services’ recent agreement with U.S. Immigration and Customs Enforcement to share taxpayer records of non-U.S. citizens could be used to enhance payroll tax-related enforcement against their employers, say attorneys at Holland & Knight.