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Cybersecurity & Privacy
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February 06, 2025
State AGs To Sue Over DOGE Access To Payment Systems
Over a dozen state attorneys general are set to file suit challenging Elon Musk and Department of Government Efficiency staffers' access to people's sensitive personal information through government payment systems, New York Attorney General Letitia James' office announced Thursday.
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February 06, 2025
House Bill Aims To Ban DeepSeek On Gov't Devices
A pair of U.S. House lawmakers on Thursday rolled out bipartisan legislation that would prohibit the installation of Chinese company DeepSeek's chatbot app on government-issued devices, citing "alarming" national security threats similar to those that have propelled efforts to ban video app TikTok nationwide.
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February 06, 2025
Fla. Panel Rules Atty Imposter Scam Suit Had Invalid Service
A Florida appellate court has reversed a judgment against a New Jersey real estate agent who was accused in a lawsuit of posing as an attorney and intercepting a $930,000 wire transfer meant to close on a Miami-area property, saying service was invalid.
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February 06, 2025
Travelers' $6M Data Breach Settlement Nabs Final OK
A New York federal judge gave a final stamp of approval to a $6 million deal ending a proposed class action alleging Travelers failed to protect people's personally identifiable information prior to a 2021 data breach.
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February 06, 2025
Top Groups Lobbying The FCC
The Federal Communications Commission heard from interest groups and companies around two dozen times in January, on issues ranging from consumer consent to receive telemarketing calls to UScellular's contested $4.4 billion plan to sell its wireless operations to T-Mobile.
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February 06, 2025
Sam Altman Calls Musk's Claim Of Ban On Rivals 'False'
OpenAI CEO Sam Altman said the key claim made in a preliminary injunction request from Elon Musk in their ongoing investment spat is false, saying in a new declaration that he never told OpenAI investors that they wouldn't be able to invest in the company if they also invested in Musk's xAI.
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February 06, 2025
Western Digital Seeks To Toss SPEX $553M Patent Verdict
Western Digital asked a California federal judge Wednesday to throw out a jury's $316 million verdict that was later increased to $553 million, which held that the data storage company infringed a SPEX Technologies' patent related to hardware encryption technology, saying SPEX did not prove infringement.
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February 06, 2025
JPMorgan's State Trade Secret Data Row Claim Axed, For Now
A federal judge in Delaware has ruled that JPMorgan Chase & Co. sufficiently alleged Argus Information & Advisory Services violated a federal trade secrets law by allegedly misusing anonymized credit card data collected from banks, but said JPMorgan's contention Argus violated a Delaware trade secret law could not stand.
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February 06, 2025
FTC GOP Focusing On Merger 'Friction,' AI, 'Censorship'
Federal Trade Commission Republicans are beginning to signal their Trump-era policies, including a friendlier approach to mergers with fewer challenges based on "weak or factually unsupported theories," a more hands-off take on artificial intelligence, and a heavy emphasis on combating alleged online censorship of conservatives.
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February 06, 2025
Texas' Google Ad Tech Trial Delayed From March To August
A Texas federal judge has pushed back the trial date for a group of Texas-led states' antitrust suit against Google over its digital advertising business, moving the scheduled start from March to August.
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February 06, 2025
Allstate Collected, Sold Driver Data, Suit Alleges
Allstate unlawfully collected the driving data of at least 45 million policyholders through software integrated in third-party mobile apps, using information about their driving behavior as a basis for denying coverage, hiking up auto insurance premiums, or dropping them from coverage altogether, according to a proposed class action filed in Illinois federal court Wednesday.
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February 06, 2025
US To Appeal Block On Corporate Transparency Act
The federal government plans to challenge an order preventing it from enforcing the Corporate Transparency Act's reporting requirements for businesses, following the U.S. Supreme Court's pause of another nationwide block on the law in a separate case, according to a notice filed in a Texas federal court.
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February 06, 2025
Musk's Access To Records Blocked In DOGE, Treasury Suit
A Washington, D.C., federal judge on Thursday approved a consent order blocking Elon Musk and additional Department of Government Efficiency employees from accessing the federal government's payment systems, although a "special government employee" will have limited access as the Treasury Department and suing plaintiffs spar over a preliminary injunction.
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February 06, 2025
Cybersecurity & Privacy Group Of The Year: Keker
Keker Van Nest & Peters LLP successfully secured a $62 million settlement while resolving six proposed class action suits against Google, freeing the tech giant from many consumer privacy claims and pumping vast funding to internet privacy nonprofits, earning it a spot among the 2024 Law360 Cybersecurity & Privacy Groups of the Year.
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February 06, 2025
Carr Names Project 2025 Co-Author As FCC General Counsel
A Michigan State University law professor and onetime Jones Day litigator known for his involvement in Project 2025 and criticism of Big Tech will serve as the Federal Communications Commission's top lawyer.
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February 06, 2025
Trump's Federal Worker Buyout Plan Put On Hold
A Massachusetts federal judge on Thursday put on hold the Trump administration's "deferred resignation" program for federal employees, delaying the deadline for workers to accept the offer until Monday while the court weighs the legality of the move.
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February 05, 2025
Bill To Restrict Kids' Social Media Use Heads To Full Senate
The U.S. Senate Commerce Committee on Wednesday easily advanced legislation that would ban kids under 13 from accessing social media and prevent providers from feeding personalized content to users under 17, although the measure faces opposition from advocacy groups that say the proposal would unconstitutionally restrict free speech.
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February 05, 2025
FCC To Launch Spectrum Sale, Eyes More C-Band Use
The FCC's new Republican chief said Wednesday the agency will kick off rules for a new spectrum sale authorized by Congress and consider a plan to eventually open more midband airwaves in the C-band for private sector use.
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February 05, 2025
ACLU Warns Schools Should Hire Counsel Before ICE Raids
The American Civil Liberties Union of Ohio has called on Ohio school districts to hire counsel now to develop procedures to respond to the Trump administration's rescission of policy that limited U.S. Immigration and Customs Enforcement actions at schools, while noting that all children have a constitutional right to attend public schools.
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February 05, 2025
6th Circ. Won't Revisit Home Depot Data Breach Coverage Suit
The Sixth Circuit refused Wednesday to review its January finding that an electronic data exclusion in Home Depot's commercial general liability policies barred coverage for the retail giant's $50 million claim for defense and settlement costs over a 2014 data breach.
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February 05, 2025
Blake Lively Sued By PR Rep Over 'It Ends With Us' Claims
Another front has opened in the messy legal drama over the movie "It Ends With Us," as an Austin-based public relations consultant filed a defamation suit in Texas federal court alleging Blake Lively falsely roped him into her headline-making sexual harassment and retaliation claims.
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February 05, 2025
Dems Seek Further Review Of Treasury And DOGE
Democrats are not satisfied with the answers they've received from the U.S. Department of Treasury on access granted to Elon Musk's Department of Government Efficiency to the federal payment system and are looking at other avenues to scrutinize his activity.
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February 05, 2025
Cybersecurity & Privacy Group Of The Year: Lieff Cabraser
Lieff Cabraser Heimann & Bernstein LLP secured a $115 million settlement with Oracle for its allegedly unlawful sale of internet users' electronic profiles and helped craft a $62 million deal to resolve allegations that Google illegally tracked and stored smartphone users' private location information, earning the plaintiffs' firm a place among the 2024 Law360 Cybersecurity & Privacy Groups of the Year.
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February 05, 2025
11th Circ. Backs Navy Win In IT Worker's Promotion Bias Suit
The Eleventh Circuit upheld the U.S. Navy's defeat of a civilian tech employee's suit claiming he was passed over for several promotions because he was Hispanic and in his 50s, saying he failed to show that supervisors considered his age or race when making decisions.
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February 05, 2025
Ex-Ambassador To Hungary Returns To Jenner's NY Team
After serving as the U.S. ambassador to Hungary, David Pressman is returning to Jenner & Block LLP as a partner, a firm where he helped co-found the national security and crisis practice as well as the human rights and global strategy practice, the firm announced Monday.
Expert Analysis
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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.
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An Update On Legal Issues In The Drone Market
Marialuisa Gallozzi and Alex Slawson at Covington examine recent developments in the legal issues surrounding the growing drone market, including possible First Amendment protections, Fourth Amendment surveillance, and litigation involving criminal and civil penalties, evidentiary pursuits, and insurance.
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Compliance Pointers For Amended Pa. Data Breach Law
Recent updates to the Pennsylvania Breach of Personal Information Notification Act include a requirement that organizations alert the state's attorney general of certain consumer data breach notifications, and several incident response and cybersecurity considerations will be necessary to ensure compliance, say Matthew Meade and Laura Decker at Eckert Seamans.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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What To Make Of Dueling Corporate Transparency Act Rulings
Although challenges to the Corporate Transparency Act abound — as highlighted by recent federal court decisions from Alabama and Oregon taking opposite positions on its constitutionality — the act is still law, so companies should comply with their filing requirements or face the potential consequences, say attorneys at Lowenstein Sandler.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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California's AI Safety Bill Veto: The Path Forward
California Gov. Gavin Newsom's veto of a bill that sought to impose stringent regulations on advanced artificial intelligence model development has sparked a renewed debate on how best to balance innovation with safety in the rapidly evolving AI landscape, say Bobby Malhotra and Carson Swope at Winston & Strawn.
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New TCPA Rule Faces Uncertain Future Post-Loper Bright
The Federal Communications Commission's new rule aiming to eliminate lead generators' use of unlawful robocalls is now in doubt with the U.S. Supreme Court's Loper Bright decision, and the Eleventh Circuit's Insurance Marketing Coalition v. FCC is poised to be a test case of the agency's ability to enforce the Telephone Consumer Protection Act post-Chevron, say attorneys at Baker McKenzie.
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A Look At Calif.'s New AI Law For Health Insurers
A newly enacted California law prohibits artificial intelligence tools from making medical necessity determinations for healthcare service plans or disability insurers, addressing core questions that have arisen around AI's role in coverage decisions, say attorneys at DLA Piper.
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To Report Or Not To Report Others' Export Control Violations
A recent Bureau of Industry and Security enforcement policy change grants cooperation credit to those that report violations of the Export Administration Regulations committed by others, but the benefits of doing so must be weighed against significant drawbacks, including the costs of preparing and submitting a report, says Megan Lew at Cravath.