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Cybersecurity & Privacy
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January 24, 2025
Trump Treads Into Murky Waters With TikTok Gambit
Nearly five years after he sought to kill the social media platform TikTok, President Donald Trump has opened his second term with a legally questionable bid to save it, cloaking the app's future in the U.S. market in even more uncertainty.
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January 24, 2025
FBI 'Bait And Switch' Breached Suspect's Rights, Lawyer Says
FBI agents held an Israeli private investigator accused of hacking climate activists in custody without warning him of his right to remain silent, denying him a fair trial if he is extradited to the U.S., a lawyer testified in London on Friday.
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January 23, 2025
Atty Hit With TCPA Class Action Over Camp Lejeune Calls
A North Carolina plaintiffs firm was hit with a proposed class action accusing it of making unsolicited calls to a number on the National Do Not Call Registry in an effort to secure a client in the Marine Corps Base Camp Lejeune toxic drinking water case — at least the fourth firm to face similar claims.
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January 23, 2025
Ryanair's 'Piracy' Jury Win Over Booking.com Gets Undone
A federal judge has decided that Ryanair failed to show that Booking.com made enough money scraping flight data from the discount Irish airline to justify a verdict in its favor, overturning a jury verdict out of Delaware last year that found the website broke computer fraud laws.
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January 23, 2025
Trump Undoes Biden's AI Safeguards With Executive Order
President Donald Trump on Thursday signed an executive order upending the former Biden administration's consumer and national security safeguards on artificial intelligence, saying former AI policies must be investigated to see if they thwart the new Trump administration's quest to position the U.S. as the "global leader in AI."
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January 23, 2025
Section 702 Searches Require A Warrant, Judge Says
Courts generally need a warrant to use the backdoor known as Section 702 to search through an American's communications, a New York federal judge has ruled in an opinion that the American Civil Liberties Union is calling the "first of its kind."
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January 23, 2025
Chinese Ride Co. Ordered To Produce Regulator Testimonies
A New York federal judge ordered Chinese ride-hailing giant Didi Global Inc. to provide testimony about its interactions with Chinese regulators before its 2021 initial public offering, rejecting the company's claim that Chinese law prevents disclosure.
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January 23, 2025
PayPal To Pay $2M To NY Regulator In Cybersecurity Deal
PayPal agreed on Thursday to pay a $2 million fine to the New York State Department of Financial Services to resolve allegations that it failed to use qualified personnel to manage key cybersecurity functions and failed to provide proper training to address cybersecurity risks, resulting in sensitive customer information being vulnerable to hackers.
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January 23, 2025
Calif. Kids' Privacy Law Ignores 1st Amendment, Judge Says
A California federal judge appeared open Thursday to preliminarily blocking for the second time a landmark California law requiring tech giants to bolster privacy protections for children, telling the state's counsel that nothing shows the Legislature "cared one whit about the Constitution," and "now you're trying to reverse engineer it."
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January 23, 2025
Federal Agencies Must Order Full Return To Office By Friday
Federal agencies will order employees to return to the office by Friday at 5 p.m. to end the "national embarrassment" that remote work policies have fueled, the Office of Personnel Management said, following President Donald Trump's executive order.
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January 23, 2025
Meta Wants Mass. Justices To Intervene In AG's Suit
Meta Platforms has urged Massachusetts' highest court to take up its challenge to a pending lawsuit brought by the state attorney general's office, which accused the social media company of intentionally designing Instagram to be addictive to children and teenagers.
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January 23, 2025
Corporate Transparency Law Remains Flanked By Threats
The Corporate Transparency Act is facing threats across the branches of government despite the U.S. Supreme Court pausing a nationwide injunction on it Thursday, with another universal injunction in place, other court battles underway and some Republican lawmakers targeting the law.
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January 23, 2025
Khan Leaving The Federal Trade Commission By Jan. 31
Federal Trade Commission member Lina M. Khan has said she'll leave the agency by the end of the month, stepping down after President Donald Trump's inauguration enshrined her demotion from chair to line commissioner.
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January 22, 2025
LinkedIn Accused Of Disclosing Subscribers' Data To Train AI
LinkedIn Corp. broke the enhanced privacy promises it makes to paid subscribers by unlawfully sharing the sensitive contents of their private messages with third parties in order to train generative artificial intelligence models, according to a proposed class action filed in California federal court Tuesday.
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January 22, 2025
Ga. Tech Says Gov't Hasn't Shown Cybersecurity False Claims
The Georgia Institute of Technology has pushed for dismissal of a False Claims Act suit accusing it of knowingly violating U.S. Department of Defense cybersecurity standards, saying the government hadn't adequately explained how those rules apply to the university.
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January 22, 2025
Alex Jones Asks Conn. Justices To Review Sandy Hook Case
Infowars host Alex Jones has asked Connecticut's highest court to review a $1.44 billion judgment for calling the Sandy Hook school massacre a "hoax," arguing his trial judge violated the state and federal constitutions by skipping causation, jumping straight to a default liability judgment and adding damages without proof.
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January 22, 2025
FCC's New Chair Names Agency Leaders, Staff
The new Republican head of the Federal Communications Commission has put together his team and named career officials to lead key branches of the agency.
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January 22, 2025
Blake Lively, Ryan Reynolds Slam Baldoni Atty's 'Media Blitz'
Counsel for celebrity couple Blake Lively and Ryan Reynolds told a New York federal judge that Justin Baldoni's attorney from Liner Freedman Taitelman & Cooley LLP has violated ethical rules with an "all-out media blitz" during their thorny litigation over the movie "It Ends With Us."
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January 22, 2025
Committee's Trump Probe Subpoenas Are Moot, Willis Says
Fulton County District Attorney Fani Willis has urged a Georgia state court to quash a bid to enforce subpoenas from a state Senate committee investigating her handling of the prosecution of President Donald Trump, arguing the subpoenas are moot because "the old special committee no longer exists."
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January 22, 2025
Mounting Pressure For PE Exits To Drive IPO Volume In 2025
Private equity-backed companies will generate nearly half of initial public offerings in 2025, analysts predicted on Wednesday, driven by a growing demand for exit strategies among investors that have owned stakes in companies for lengthy periods.
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January 22, 2025
CNN Fights Remand For Ex-NC Lt. Gov.'s Defamation Suit
CNN urged a North Carolina federal judge not to send a defamation suit brought against it and a former pornography store clerk by the Tar Heel State's former lieutenant governor back to state court, arguing the clerk was fraudulently added to the case to avoid diversity jurisdiction.
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January 21, 2025
Ex-Meta COO Sanctioned For Deleting Cambridge Emails
A Delaware Court of Chancery judge on Tuesday sanctioned Meta Platforms Inc.'s former Chief Operating Officer Sheryl Sandberg in consolidated litigation over the Facebook Cambridge Analytica data scandal, finding that she likely selectively deleted emails that related to the litigation.
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January 21, 2025
Trump Pardons Silk Road's 'Dread Pirate' Ross Ulbricht
President Donald Trump announced Tuesday that he granted an unconditional pardon to Ross Ulbricht, the mastermind behind the cryptocurrency-fueled online drug bazaar Silk Road, in return for the political support he received from the crypto and libertarian realms.
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January 21, 2025
Key Justices Stay Quiet As High Court Weighs FCC Deference
Several U.S. Supreme Court justices on Tuesday appeared open to giving district courts more leeway to review the Federal Communciations Commission's tome of regulations under the Telephone Consumer Protection Act, although the two justices expected to cast pivotal votes refrained from posing questions.
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January 21, 2025
Microsoft Copyright Discovery Fight Ends With Mixed Ruling
A Washington federal judge partly sided with Microsoft on Tuesday in a case accusing a Canadian firm and its overseas director of peddling stolen software product keys to unsuspecting customers online, eliminating one of the defendants' key defenses while rejecting the tech giant's bid for discovery sanctions.
Expert Analysis
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Recent Securities Cases Highlight Risks In AI Disclosures
Increasing public disclosure about the use and risks of artificial intelligence, and related litigation asserting that such disclosures are false or misleading, suggest that issuers need to exercise great care with respect to how they describe the benefits of AI, say Richard Zelichov and Danny Tobey at DLA Piper.
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Opinion
This Election, We Need To Talk About Court Process
In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.
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Navigating HHS' New Reproductive Healthcare Privacy Rule
The U.S. Department of Health and Human Services' new final rule regarding protections for the privacy of reproductive health information will require regulated entities to grapple with difficult questions about whether to comply with state law requirements or federal privacy prohibitions, says Christine Chasse at Spencer Fane.
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Series
Playing Diplomacy Makes Us Better Lawyers
Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.
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Open Questions In Unsettled Geofence Warrant Landscape
The Fourth and Fifth Circuits recently reached radically divergent conclusions about the constitutionality of geofence warrants, creating an uncertain landscape in which defendants should assert and preserve the full range of conventional Fourth Amendment challenges, says Charles Fowler at McKool Smith.
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A Look At 5 States' New Data Privacy Laws
With new data privacy laws in Utah, Florida, Texas, Oregon and Montana recently in effect or coming into force this year, state-level enforcement of data privacy creates significant challenges and risks for how businesses interact with employees and consumers, and for companies that provide and use technologies in multiple jurisdictions, say attorneys at Jenner & Block.
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Antitrust In Retail: Why FTC Is Studying 'Surveillance Pricing'
The Federal Trade Commission's decision to study targeted "surveillance pricing" should provide greater clarity into the nature of the data aggregation industry, but also raises several issues, including whether these practices are in fact illegal under any established interpretations of U.S. antitrust law, say attorneys at Holland & Knight.
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Mental Health First Aid: A Brief Primer For Attorneys
Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.
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Licensing And Protections For Voice Actors In The Age Of AI
While two recently enacted California laws and other recent state and federal legislation largely focus on protecting actors and musicians from the unauthorized use of their digital likenesses by generative artificial intelligence systems, the lesser-known community of professional voice actors also stands to benefit, says attorney Scott Mortman.
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2 High Court Securities Cases Could Clarify Pleading Rules
In granting certiorari in a pair of securities fraud cases against Facebook and Nvidia, respectively, the U.S. Supreme Court has signaled its intention to align interpretations of the heightened pleading standard under the Private Securities Litigation Reform Act amid its uneven application among the circuit courts, say attorneys at V&E.
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What 2 Key Rulings Mean For Solicitation Under TCPA
Two recent rulings from federal district courts in New York and California — each of which came to a different conclusion — bring to light courts' continued focus on and analysis of when an alleged communication constitutes a solicitation under the Telephone Consumer Protection Act, say Felix Shipkevich and Jessica Livingston at Shipkevich.
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Series
Collecting Art Makes Me A Better Lawyer
The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.
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Navigating The Complexities Of Cyber Incident Reporting
When it comes to cybersecurity incident response plans, the uptick in the number and targets of legal and regulatory actions emphasizes the necessity for businesses to document the facts underlying the assumptions, complexities and obstacles of their decisions during the incident response, say attorneys at Troutman Pepper.
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Managing Sanctions Defense Across Multiple Jurisdictions
Companies called before multiple regulators to account for the same conduct in this era of increased global sanctions and import-control enforcement should consider national differences in law and policy, and proactively coordinate their responses in certain key areas, say attorneys at Baker McKenzie.
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Litigation Inspiration: Honoring Your Learned Profession
About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.