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Cybersecurity & Privacy
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January 13, 2025
Special Counsel Slams Biden's Critique Of Son's Prosecution
The special counsel who oversaw the investigation into Hunter Biden, which was wiped out by a presidential pardon, released a report published Monday criticizing President Joe Biden's "baseless accusations" that his son was "selectively" prosecuted and warning that such comments threaten "the integrity of the justice system as a whole."
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January 13, 2025
Texas AG Sues Allstate In Latest Location Data Privacy Strike
Texas' attorney general is accusing Allstate and a subsidiary of violating the state's new comprehensive data privacy law by unlawfully collecting drivers' location data through tracking software embedded in their mobile apps and then using that information to set car insurance rates.
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January 13, 2025
6th Circ. OKs Home Depot's $50M Data Breach Coverage Loss
The Sixth Circuit affirmed Monday a finding that an electronic-data exclusion provision in Home Depot Inc.'s commercial general liability excess policies with Steadfast Insurance Co. and Great American Assurance Co. unambiguously barred coverage for the retail giant's $50 million claim for defense and settlement costs over a 2014 data breach.
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January 13, 2025
Texas Judge Urged To Halt CFPB Medical Debt Reporting Rule
Trade groups suing the Consumer Financial Protection Bureau over its new rule banning medical debt from credit reports have asked a Texas federal judge to put a court-ordered hold on the measure while they proceed with their challenge to its legality.
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January 13, 2025
California's AG Warns Businesses State Is Not AI 'Wild West'
California Attorney General Rob Bonta warned businesses on Monday that the state is not the "wild west" of artificial intelligence and has various laws on the books preventing the technology from being used to discriminate or violate people's rights.
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January 13, 2025
Google Says Sanctions Bid In Texas Ad Tech Case Too Late
Google has urged a Texas federal court to reject a bid for sanctions in the ad tech monopolization case being brought by state enforcers over the company's prior policy for retaining internal chats, arguing that the bid comes too late.
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January 13, 2025
State Farm, Insurance Association Escape Data-Sharing Suit
An Illinois federal judge dismissed a proposed class action complaint Monday accusing State Farm of improperly sharing personal health information with a consortium of other insurers that allowed them to raise premiums and deny coverage industrywide, finding the conduct wasn't prohibited under the Illinois Insurance Code.
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January 13, 2025
White House Sets Framework For AI Technology Exports
The Biden administration on Monday took its latest step toward securing artificial intelligence technology, issuing a rule aimed at easing the sale of U.S.-made chips and models to allied countries while restricting access to foreign adversaries that it said could use the systems to threaten national security.
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January 13, 2025
AGs, Lobbyists Ask Justices To Keep Shell Co. Law Blocked
The U.S. Supreme Court should deny the federal government's emergency application to stay a Texas district court's injunction on a law aimed at cracking down on crimes committed with shell companies, according to numerous state attorneys general and interest groups and a handful of small businesses.
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January 13, 2025
CFPB Can't Get $43M Fine From Telemarketing Debt Co. Yet
An Illinois federal judge Friday waited to order the owner of a defunct debt company to pay $43 million for misrepresenting to customers they could eliminate their student loans, pointing to a U.S. Supreme Court decision holding the accused has a right to a jury trial when financial penalties are on the line.
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January 13, 2025
SEC Sues Hotel Asset Manager Ashford Over Cyber Reports
The U.S. Securities and Exchange Commission on Monday sued asset manager Ashford Inc. for allegedly failing to properly disclose a cyberattack that led to the leak of hotel customers' personal information.
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January 13, 2025
FTC Says It Has Power To Modify Meta Privacy Order
The Federal Trade Commission has rejected Meta's argument that the agency lacks authority to modify a $5 billion data privacy settlement as the social media giant continues fighting an order barring it from monetizing children's data.
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January 13, 2025
Ex-State Department, Google Atty Joins King & Spalding
King & Spalding LLP has hired a former Biden administration official with expertise in artificial intelligence policy and content moderation who previously worked in an international criminal tribunal and for the parent company of Google.
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January 13, 2025
FCC Defends T-Mobile, Sprint Privacy Fine In DC Circ.
The Federal Communications Commission is defending its decision to hit T-Mobile and Sprint with a combined $92 million in fines for selling users' sensitive location data, telling the D.C. Circuit that the wireless carriers could have received a jury trial but were not owed one.
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January 13, 2025
Alex Jones Switches Conn. Attys In $1B Sandy Hook Appeal
A Randazza Legal Group attorney will represent Alex Jones in a Connecticut Supreme Court bid to erase the remainder of a $1.44 billion defamation judgment for Sandy Hook shooting victims after the Infowars host's now-former lawyer raised unspecified conflict concerns about a third attorney representing Jones in the Connecticut appeal.
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January 13, 2025
NJ Firm Agrees To Settle Client's Suit Over Ransomware Attack
New Jersey law firm The Wacks Law Group LLC has reached a settlement agreement with a former client to end a proposed class action claiming that the firm's negligence in properly securing its data led to the theft of hundreds of clients' personal information in a March cyberattack.
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January 13, 2025
Ex-Benefytt Affiliate Violated Consumer Laws, Suit Says
A telemarketing firm that worked with health insurance broker Benefytt Technologies repeatedly violated Massachusetts consumer protection and do-not-call laws, a consumer has alleged in state court.
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January 10, 2025
Up Next At High Court: Porn ID Check & Retiree Discrimination
The U.S. Supreme Court will return to the bench Monday for a full argument session, in which the justices will debate whether a Texas law requiring pornography websites to verify their visitors aren't minors violates the First Amendment and if retirees have the right to sue former employers for benefits discrimination.
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January 10, 2025
Microsoft Pushes To Thwart 'Scheme' To Bypass AI Security
A Virginia federal judge has authorized Microsoft Corp. to seize a website that the tech giant alleges has been instrumental to a "sophisticated scheme" by foreign-based cybercriminals to circumvent safety guardrails built into artificial intelligence services in order to create offensive and harmful content, according to court filings made public Friday.
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January 10, 2025
Feds Back Musk's Microsoft-OpenAI Board Overlap Concerns
The U.S. Department of Justice and Federal Trade Commission weighed in Friday on Elon Musk's California federal lawsuit against OpenAI, arguing that the artificial intelligence research organization and its co-defendant Microsoft can't fight claims of improper board overlap just by saying the overlap has ended.
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January 10, 2025
PowerSchool Blamed For Breach of Student, Teacher Data
The personal data of tens of millions of students, parents and teachers was put at risk last month when hackers were able to worm their way into PowerSchool's systems because the educational software company's security safeguards were not up to snuff, two lawsuits filed in California federal court allege.
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January 10, 2025
Plex Says Subscriber's Privacy Lawsuit Must Be Arbitrated
Streaming platform Plex is urging a California federal court to nix a proposed data privacy class action, accusing the plaintiffs of using the litigation as a tactic to "coerce" it into settling more than 400 pending arbitrations.
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January 10, 2025
CFPB Floats Protections For Crypto, Video Game Payments
The Consumer Financial Protection Bureau on Friday proposed to make clear that cryptocurrency and video game transactions are covered under existing rules codifying consumers' rights in situations of fraudulent transfers, hacks and stolen funds.
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January 10, 2025
Tech Co., Feds Seek Wins In Commercial Item Preference Row
A tech company is asking a federal judge to block the Centers for Medicare and Medicaid Services from proceeding with solicitations that stand to replace so-called batCAVE and Signal software it developed that is already providing the desired functionality.
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January 10, 2025
Paramount Wants Out Of User's Video Privacy Suit
Paramount Global urged a New York federal court to dismiss a California man's putative class action accusing it of unlawfully sharing streaming platform users' personal information to third parties like Facebook and TikTok, saying the man lodged inadequate theories of disclosure and otherwise consented to the alleged disclosure.
Expert Analysis
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Celebs' Suits Show Limits Of Calif. Anti-SLAPP Laws
Two recent cases including Amanda Ghost v. Rebel Wilson and Leviss v. Sandoval highlight the delicate balancing act courts must perform in weighing free speech against privacy and reputational harm under California's robust anti-strategic lawsuit against public participation laws, say attorneys at Nixon Peabody.
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Where Payments Law And Regulation Are Headed In 2025
The Trump administration will likely bring significant changes to payments regulations in 2025, but maintaining internal compliance efforts in the absence of robust federal oversight will remain key as state authorities and private plaintiffs step into the breach, say attorneys at Stinson.
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What To Expect From Federal Cybersecurity Policy In 2025
There are 12 cyber policy questions to keep an eye on as the new administration and Republican control of Congress present an opportunity to advance less regulatory approaches and revisit some choices from the prior administration, say attorneys at Wiley.
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Republican Trifecta Amplifies Risks For Cos. In 3 Key Areas
Expected coordination between a Republican Congress and presidential administration may expose companies to simultaneous criminal, civil and congressional investigations, particularly with regard to supply chain risks in certain industries, government contracting and cross-border investment, say attorneys at Morgan Lewis.
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How Decline Of Deference Will Affect Trump Policymaking
An administrative law regime without Chevron deference may limit the Trump administration’s ability to implement new policies in the short term, but ultimately help it in the long term, and all parties with an interest in regulatory changes will have to take a fresh approach to litigation, say attorneys at Covington.
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5 Evolving Concerns For Family Offices In 2025
Complex regulatory changes and emerging operational risks will force family offices to stay on their toes in 2025, with timely action particularly necessary to address several tax and reporting developments that may affect their investments and business operations, say attorneys at Morgan Lewis.
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Updated HIPAA Rule Is A Necessary Step For Data Protection
The U.S. Department of Health and Human Services' updated rules addressing cybersecurity threats in healthcare will necessitate significant investment in technology, training and compliance infrastructure, but are an essential evolution in safeguarding data in an increasingly digital world, say attorneys at Clark Hill.
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6 Predictions For Cyber Risk And Insurance In 2025
This year is likely to bring with it some thorny and expensive cyber challenges, including increased ransomware activity, more data breach class actions and continued efforts to define business interruption loss calculations, say attorneys at Wiley.
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7 Ways 2nd Trump Administration May Affect Partner Hiring
President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
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5 Privacy Law Trends That Will Continue In 2025
While preparing privacy programs for the year, companies should keep in mind several developments from 2024 that will carry over — namely, in the realm of artificial intelligence, passive data collection, combining data from multiple sources, privacy program expectations and managing vendors, say attorneys at Sheppard Mullin.
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The OIG Report: Preparing For Oversight In 2025
Across sectors, Office of Inspector General work plans and challenge reports for 2025 provide a trove of information on the issues and industries that will likely be the focus of government oversight in the year to come, says Diana Shaw at Wiley.
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What To Expect In Higher Ed Enforcement Under Trump
Colleges and universities should prepare for shifting priorities, as President-elect Donald Trump is likely to focus less on antitrust cases and more on foreign relations policy, while congressional oversight of higher education continues to increase, say attorneys at Steptoe.
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Series
NY Banking Brief: All The Notable Legal Updates In Q4
In 2024's final quarter, the New York State Department of Financial Services published guidance on mitigating the rising cybersecurity risks of artificial intelligence and remote technology workers with North Korean ties, and the state attorney general launched an antitrust investigation into Capital One's proposed Discover merger, say attorneys at Haynes Boone.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.