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Cybersecurity & Privacy
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January 16, 2025
Amazon BIPA Suit Over Alleged NBA 2K Face Scans Settled
A gamer said Wednesday he reached a settlement with Amazon to end a proposed class action accusing the tech giant's web services provider of collecting facial scans of teens playing the popular NBA 2K video game without their knowledge or consent, according to a notice filed in Washington federal court.
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January 16, 2025
Yodlee Cannot Escape Consumers' Privacy Invasion Claims
A California federal judge has ruled financial data aggregator Yodlee must face some customers' allegations that it unlawfully collected user data, saying the remaining plaintiffs have plausibly established their invasion of privacy claims.
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January 16, 2025
FTC Elevates Snap AI Chatbot Case To DOJ
The Federal Trade Commission took the rare step Thursday of revealing its referral to the U.S. Department of Justice of its complaint alleging Snap Inc. deployed an artificial intelligence-powered chatbot that harmed young users, prompting incoming Republican Chair Andrew Ferguson to slam the allegations as an "affront to the Constitution and the rule of law."
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January 16, 2025
NC Biz Court Bulletin: Judge Bids Adieu, TikTok Wants Out
The North Carolina Business Court's former chief judge hung up his robes for the last time as the court entered the new year with a ruling that shapes the fate of beset real estate company MV Realty's consumer fraud trial and arguments by TikTok Inc. that its platform being "too engaging" isn't enough for the state to begin an enforcement action.
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January 16, 2025
Fulton DA Willis Fights Subpoenas In Trump Case Probe
Fulton County District Attorney Fani Willis this week outlined her objections to subpoenas issued by a Georgia state Senate committee investigating her prosecution of President-elect Donald Trump, arguing they are overbroad, intended to embarrass her and "defunct" due to the swearing in of a new general assembly.
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January 16, 2025
Lawmakers Ask Biden To Pause TikTok Sale-Or-Ban Law
A group of lawmakers has urged President Joe Biden to extend a Sunday deadline for TikTok to divest from its Chinese parent company over national security concerns or face a nationwide ban, saying presidential action is needed to avoid "catastrophic" effects of the wildly popular social media platform going dark.
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January 16, 2025
Trump Names Senate Commerce Aide As FCC Commissioner
President-elect Donald Trump on Thursday named Olivia Trusty, a top Republican aide on the U.S. Senate Commerce Committee, as his pick for the next GOP commissioner on the Federal Communications Commission.
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January 16, 2025
Venable Hires Senior Cybersecurity Services Director In DC
Venable LLP has hired the former head of advanced cybersecurity solutions and partnerships at Mandiant, a cybersecurity company, as senior director for cybersecurity services in Washington, D.C..
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January 16, 2025
Henry Ford Patient Drops Data-Scraping Claims
Henry Ford Health has resolved a proposed class action accusing the health system of sharing patients' data with Meta Platforms Inc. and Google Inc. via tracking software embedded in the hospital system's websites, including its patient portal.
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January 16, 2025
CFPB Says Block Must Pay Up To $175M Over Cash App
The Consumer Financial Protection Bureau said Thursday that it has ordered Block Inc. to pay up to $175 million for alleged anti-fraud, customer service and dispute resolution failures tied to Cash App, its peer-to-peer mobile payment app.
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January 15, 2025
Microsoft Accused Of Stealing Online Marketer Commissions
An affiliate marketing company whose software aims to help online shoppers support or avoid certain businesses hauled Microsoft into Washington federal court on Tuesday, alleging in a proposed class action that the technology giant steals referral fees and sales commissions by replacing online marketers' affiliate marketing cookies with its own.
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January 15, 2025
Quest Diagnostics Gets Meta Data-Share Suit Tossed For Now
Quest Diagnostics got allegations that it unlawfully shared patient data with Meta Platforms through ad tracking software dismissed Tuesday, after persuading a New Jersey federal judge to reconsider his earlier ruling that allowed an eavesdropping claim under California's Invasion of Privacy Act to go forward.
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January 15, 2025
Man Who Sued Ex-Girlfriend Over Nude Photo Keeps Trial Win
A man who successfully sued his former girlfriend after she shared an "unflattering nude photograph" of him with her female friends can keep an award for emotional distress damages, a Massachusetts Appeals Court panel ruled Wednesday.
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January 15, 2025
Incoming FCC Chair Blasts Agency's Salt Typhoon Response
The Federal Communications Commission's incoming chair on Wednesday blasted an as-yet-unreleased agency decision meant to address network vulnerabilities in the wake of the Salt Typhoon cyberattack that he said misreads federal law.
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January 15, 2025
Outgoing FCC Chair Touts 'Wins On The Board'
With less than a week left in office, the chief of the Biden-era Federal Communications Commission on Wednesday highlighted the accomplishments of her tenure, including efforts to connect more Americans and advance space-based communications, but warned that a number of problems ranging from cybersecurity threats to the digital divide persist.
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January 15, 2025
FTC Orders Hosting Service GoDaddy To Bolster Data Security
Web-hosting provider GoDaddy has agreed to overhaul its data security practices to resolve the Federal Trade Commission's claims that the company failed to implement adequate measures to safeguard its services against cyberattacks that risked harm to its millions of customers, the commission said Wednesday.
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January 15, 2025
Samsung Slams Epic's Antitrust Suit Over Google Play Store
Samsung moved to end Epic Games' suit alleging it colluded with Google to skirt an impending injunction forcing Google to permit competition with its Play Store by installing an auto blocker feature on Samsung devices, telling a California federal judge Wednesday the feature is a product improvement shielded from antitrust scrutiny.
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January 15, 2025
DOJ Reports $2.9B Haul Under FCA, Largest In 3 Years
Litigation under the False Claims Act generated a little over $2.9 billion in settlements and judgments in the most recent fiscal year, a 5% bump over 2023's total and the most in three years, according to data released Wednesday by the U.S. Department of Justice.
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January 15, 2025
Legislators Say Transparency Act Defies First Amendment
The Corporate Transparency Act is an unnecessary intrusion into the First Amendment rights of Americans, U.S. Sen. Thom Tillis, R-N.C., and 13 House members told the Supreme Court in seeking to maintain an injunction issued in December.
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January 15, 2025
Delta Passengers Press To Keep IT Outage Suit Alive
A group of Delta customers suing the airline over its response to last year's global tech outage that grounded thousands of flights urged a Georgia federal judge Tuesday to keep their claims alive, arguing federal law doesn't permit the company's "shirking contractual obligations to which it had previously agreed."
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January 15, 2025
Justices Struggle With Tech Advances In Texas Porn Law Row
Several U.S. Supreme Court justices on Wednesday focused on how a decadesold brick-and-mortar precedent applies to a Texas law requiring age verification on porn websites while struggling to reconcile technological advancements with First Amendment protections.
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January 15, 2025
FCC Warns Convincing Mortgage Lender Scam Afoot
The Federal Communications Commission is putting the word out about a new scheme aimed at tricking people into thinking their homes will be foreclosed on unless they make emergency payments into an account controlled by the scammers.
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January 15, 2025
Booz Allen Must Pay For Harm Of Tax Info Leaks, Court Told
A proposed class action in Maryland federal court blames IRS contractor Booz Allen Hamilton over the thousands of tax returns that were stolen by an employee who took financial information about President-elect Donald Trump and others while on the job and leaked it to the media.
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January 15, 2025
SEC Announces Departure Of Top Economist And Accountant
The U.S. Securities and Exchange Commission's chief economist and chief accountant are stepping down, the agency has announced, marking the latest departures given the pending inauguration of President-elect Donald Trump.
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January 15, 2025
BitMEX Fined $100M For 5 Years Of Flouting US Banking Law
A Manhattan federal judge slapped BitMEX with a $100 million fine Wednesday, rejecting its suggestion that $110 million of earlier penalties sufficed to punish the offshore crypto exchange for a five-year course of evading U.S. financial controls as it earned $1.3 billion.
Expert Analysis
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A Guide To Significant 2024 Data Broker Legal Developments
2024 saw notable developments in U.S. data broker regulation and enforcement, and this momentum will likely carry into 2025, despite hypothetical efforts to the contrary under the new administration, say attorneys at Frankfurt Kurnit.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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The 6 Most Significant FCRA Litigation Developments Of 2024
From a key sovereign immunity decision at the U.S. Supreme Court to a ruling on creditworthiness out of the Seventh Circuit, several important Fair Credit Reporting Act cases wound their way through the courts in 2024, each offering takeaways for both plaintiffs and defendants, say attorneys at Shipkevich.
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Identifying Deepfakes During Evidence Collection, Discovery
Excerpt from Practical Guidance
Attorneys must familiarize themselves with the tools used to create and detect deepfakes — media manipulated by artificial intelligence to convincingly mimic real people and events — as well as best practices for keeping this fabricated evidence out of court, says Bijan Ghom at Saxton & Stump.
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Health Tech Regulatory Trends To Watch In 2025
With an upcoming change in administration and the release of some long-awaited rules, the healthcare industry should prepare for shifting trends, including a growing focus on health data and interest in technology-enabled delivery of healthcare, say attorneys at Orrick.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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The Securities Litigation Trends That Will Matter Most In 2025
2025 is shaping up to be a significant year for securities litigation, as plaintiffs and defendants alike navigate shifting standards for omission theories of liability, class certification, risk disclosure claims and more, say attorneys at Willkie.
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How White Collar Enforcement May Shift In Trump's 2nd Term
After President-elect Donald Trump returns to the White House next month, the administration’s emphasis on immigration laws, drug offenses and violent crime will likely reduce the focus on white collar crime overall, but certain areas within the white collar world may see increased activity, say attorneys at Keker Van Nest.
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Risk Management Takeaways From NIST's AI Symposium
Based on the National Institute of Standards and Technology's September artificial intelligence innovation symposium, companies should anticipate that laws and regulations safeguarding AI could take new forms and approaches that break the current mold, say attorneys at Eversheds Sutherland.
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New Trump Admin May Bring Financial Oversight Turbulence
As President-elect Donald Trump prepares to begin his second term, his top financial market regulatory and securities law enforcement appointees, campaign promises, and regulatory preferences foretell a period of muddy regulatory waters, say attorneys at Kroll.
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The Justices' Securities Rulings, Dismissals That Defined '24
The U.S. Supreme Court's 2024 securities rulings led to increased success for defendants' price impact arguments, but the justices' decisions not to weigh in on important issues relating to the Private Securities Litigation Reform Act's pleading requirements may be just as significant, say attorneys at Skadden.
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10 Noteworthy CFPB Developments From 2024
In a banner year for consumer finance regulation, the Consumer Financial Protection Bureau made significant strides in its efforts to rein in Big Tech and nonbank financial firms, including via rules regarding open banking, credit card late fees, and buy now, pay later products, say attorneys at Wiley.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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Data Privacy Landscape After Mass. Justices' Wiretap Ruling
In Vita v. New England Baptist Hospital, Massachusetts’ highest court recently ruled that the state’s wiretap law doesn’t prohibit all tracking of website user activity, but major financial and reputational risks remain for businesses that aren't transparent about customer’s web data, says Seth Berman at Nutter.