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Cybersecurity & Privacy
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February 12, 2025
Meta User Antitrust Suit Gets Nov. 17 Trial Date
A California federal judge has set a Nov. 17 trial date for accusations that Meta monopolized the social media advertising market weeks after he declined to certify a class of Facebook users that would have numbered in the millions.
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February 12, 2025
Starbucks Accused Of Flouting Mass. Polygraph Hiring Law
Starbucks is ignoring a Massachusetts law requiring employers to inform job-seekers that the state doesn't allow the use of lie detector tests in employment decisions, according to a putative class action filed in state court.
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February 11, 2025
Trump Tells Agencies To Plan 'Large-Scale' Cuts With Musk
President Donald Trump signed an executive order Tuesday that directs agencies to prepare for "large-scale" cuts to the federal workforce and gives Elon Musk's Department of Government Efficiency the authority to approve the future hiring of career officials.
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February 11, 2025
Wash. Health Privacy Law Debuts In Amazon Tracking Suit
A Washington resident has launched the first claims under the state's groundbreaking health privacy law, as part of a proposed class action accusing Amazon of unlawfully harvesting location data from tens of millions of mobile phone users through third-party apps that are running the company's software development kit.
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February 11, 2025
DOGE, Treasury Accused Of 'Largest' US Data Breach
Elon Musk's Department of Government Efficiency, the U.S. Department of the Treasury and the U.S. Office of Personnel Management conducted the "largest" data and IT security breaches in U.S. history, illegally exposing millions of people's sensitive information, a data privacy watchdog and group of federal employees alleged this week.
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February 11, 2025
Ex-NY Gov. Aide And Husband Deny Foreign Agent Charges
A former aide to New York Gov. Kathy Hochul and former Gov. Andrew Cuomo, Linda Sun, and her husband on Tuesday pled not guilty to a superseding indictment that accuses her of secretly acting as an agent of China's government and adds new money laundering charges against her spouse.
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February 11, 2025
Progressive Inks $3.25M Data Breach Deal With 350K Members
Approximately 350,000 Progressive Casualty Insurance customers on Tuesday asked an Ohio federal judge to grant final approval to a $3.25 million settlement stemming from a data breach event that exposed their personal information, noting the resolution is a favorable outcome, given the risks to their claims if litigation continued.
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February 11, 2025
2 Russians Arrested In $16M Phobos Ransomware Scheme
Two Russian nationals were arrested on charges of operating a cybercrime cell that extorted about $16 million from victims around the world by stealing data and demanding a ransom for its return, Maryland federal prosecutors said Tuesday.
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February 11, 2025
9th Circ. Doubts X Plaintiff Can Revive Phone Data Suit
A Ninth Circuit panel on Tuesday questioned whether a lawsuit targeting social platform X could be revived and remanded to state court, with one judge suggesting circuit precedent established a privacy right that keeps the case in federal court, and another saying the lower court had "broad discretion" in deciding to dismiss the case.
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February 11, 2025
Ex-Employee Sues Fla. News Database Co. Over Data Breach
An Oklahoma resident has brought a proposed federal class action over a data breach against a Florida-based news database company, alleging that she was an employee and that her former employer didn't do enough to adequately protect her personal information from being stolen.
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February 11, 2025
No Prison For Firm Manager Who Aided Feds' No-Fault Bust
A Manhattan federal judge allowed a wealthy law firm manager to avoid prison Tuesday for his role in paying bribes that fueled a $70 million no-fault automobile insurance fraud racket, citing his decision to cooperate with prosecutors and willingness to testify.
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February 11, 2025
Factual Dispute Keeps Walmart BIPA Suit In Court, For Now
An Illinois jury will determine whether a driver for Walmart's grocery delivery platform Spark signed an arbitration agreement during his onboarding before a federal judge can decide whether his underlying biometric privacy claims should be redirected away from court, the judge said Tuesday.
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February 11, 2025
FTC Bureau Heads Include DOJ Alum With Big Tech Mandate
The Federal Trade Commission named its new competition and consumer protection bureau chiefs Monday, tapping for its top competition enforcer the U.S. Department of Justice Antitrust Division's civil conduct head, praised specifically for his "experience taking on Big Tech."
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February 11, 2025
Fla. Judge OKs $7M Deal In Health Data Breach Class Action
A Florida federal judge Tuesday granted final approval of a $7 million class action settlement as part of multidistrict litigation over the theft of personal information from millions of U.S. citizens in a health data breach linked to a Russian ransomware group.
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February 11, 2025
DC Circ. Won't Pause Google Search Case For Apple Appeal
The D.C. Circuit refused to pause the government's search monopolization case against Google while Apple appeals a ruling that denied its bid to participate in a coming April trial meant to determine what remedies to impose on Google for violating antitrust law.
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February 11, 2025
Crowell & Moring Adds Two Former In-House Counsel
Crowell & Moring LLP has hired two attorneys who most recently worked in-house in leadership roles with the International Association of Privacy Professionals and the global technology investor Naspers, now joining the firm's privacy and cybersecurity group as senior counsel, the firm announced Tuesday.
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February 11, 2025
Wiley Brings On Longtime FTC Atty As Counsel
Washington, D.C., firm Wiley Rein LLP has added a former Federal Trade Commission official as counsel, the firm said in a Tuesday announcement.
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February 11, 2025
Commerce Powers Key In Battle Over Corp. Transparency Law
The question of whether Congress exceeded its powers to regulate commerce by enacting the Corporate Transparency Act is likely to feature in a potential U.S. Supreme Court resolution to around a dozen challenges to the law that are percolating through the courts.
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February 11, 2025
Automakers Lose Fight To Block Mass. 'Right To Repair' Law
A Massachusetts federal judge on Tuesday tossed what was left of a long-running suit filed by major automakers seeking to block a Bay State law requiring vehicle manufacturers to provide open access to telematics systems.
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February 10, 2025
Feds Nab Plea In Bitcoin-Boosting Hack Of SEC X Account
An Alabama man on Monday pled guilty to being involved with the hack of the U.S. Securities and Exchange Commission's X account last year, admitting to a single conspiracy charge and agreeing to forfeit $50,000 he made from the scheme that briefly bumped the price of bitcoin.
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February 10, 2025
GOP Sens. Restart Effort To Get Lawmaker OK For Major Regs
It could become tougher for the Federal Communications Commission to adopt new rules for the telecom industry under a bill Republicans have reintroduced that would require a congressional green light for major new regulations.
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February 10, 2025
9th Circ. Affirms Officers' Immunity For Getting Phone Contents
The Ninth Circuit on Monday upheld a summary judgment win for a sheriff and county prosecutor accused of illegally obtaining the contents of a drug arrestee's phone, ruling that they unlawfully got copies of the phone's contents but that the prosecutor who requested them was entitled to qualified immunity.
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February 10, 2025
Amazon Used App Toolkit To Harvest User Data, Suit Says
Amazon has used Candy Crush Saga, Subway Surfers and other mobile apps as a "Trojan Horse" to ingrain secret tracking mechanisms in hundreds of millions of consumers' smartphones through a software development kit for developers, according to a new proposed class action in Seattle federal court.
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February 10, 2025
Sandy Hook Families Accuse Alex Jones Of 'Ambush' Appeal
Connecticut's highest court should swat down Infowars host Alex Jones' attempt to appeal a record-smashing Sandy Hook defamation verdict because he abandoned the very defenses he now seeks to present under a special type of review for unpreserved constitutional arguments, the victims of the 2012 mass shooting have said.
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February 10, 2025
5th Circ. Urged To Reject Crypto Exec's Privacy Law Claim
The IRS complied with a financial privacy law to summon third-party bank records belonging to a cryptocurrency executive under investigation, the U.S. government told the Fifth Circuit on Monday in the businessman's appeal to overturn a lower court decision that rejected his bid to quash the summonses.
Expert Analysis
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How Judiciary Can Minimize AI Risks In Secondary Sources
Because courts’ standing orders on generative artificial intelligence and other safeguards do not address the risk of hallucinations in secondary source materials, the judiciary should consider enlisting legal publishers and database hosts to protect against AI-generated inaccuracies, say attorneys at Lankler Siffert & Wohl.
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3 Steps For Companies To Combat Task Scams
On the rise in the U.S., the task scam — when scammers offer a victim a fake work-from-home job — hurts impersonated businesses by tarnishing their name and brand, but companies have a few ways to fight back against these cons, says Chris Wlach at Huge.
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How Attorneys Can Break Free From Career Enmeshment
Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.
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Where Can Privacy Plaintiffs Sue When Injury Is Online?
Website owners need to understand wiretapping laws to understand whether they may be sued for activity tracking in California or Pennsylvania courts, where the statutory damages for violations of half-century-old laws can be substantial — and a recent Third Circuit decision suggests establishing specific jurisdiction is not as easy as 1-2-3, say attorneys at Crowell & Moring.
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UCC Article 12 Offers Banks A Chance To Dive Into 'DePINs'
The 2022 update to Article 12 of the Uniform Commercial Code, which provides a legal framework for decentralized physical infrastructure networks, could offer trade and commodity finance banks attractive opportunities, like the energy-related DePIN projects that have recently made headlines, says Chris McDermott at Cadwalader.
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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Lessons For Municipalities Facing Cyberattacks
With municipal IT teams facing the daunting task of keeping agencies operational while safeguarding sensitive government data, including residents' and employees' personally identifiable information, there are steps a municipality can take to guard against a major cyberattack, say attorneys at Pillsbury.
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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Planning For Cyber Incident Reporting Requirements In Sports
Attorneys at Wiley discuss the proposed rules under the Cybersecurity Incident Reporting for Critical Infrastructure Act that would impose extensive reporting requirements on professional and collegiate athletic organizations, universities and sports venues, including defining a covered entity and analyzing the types of events that would trigger reporting.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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6 Tips For Cos. Facing Service Provider Cyber Incidents
When a third-party service provider experiences a cybersecurity incident, businesses may wonder if their information is compromised and if their systems are safe, but there are certain steps that can help businesses prepare for and respond to targeted attacks on vendors, say attorneys at Troutman Pepper.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.