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Cybersecurity & Privacy
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March 06, 2025
Fed. Circ. Nixes Portion Of VA Rule Authorizing Inspections
A Federal Circuit panel on Thursday axed part of a U.S. Department of Veterans Affairs rule that allowed it to inspect computer hardware and software and even the physical locations that people use to remotely access its electronic benefit management systems.
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March 05, 2025
Utah Poised To Be 1st To Require App Stores To Verify Ages
Utah lawmakers on Wednesday sent to the governor's desk first-of-its-kind legislation that would require app stores such as the ones operated by Apple and Google to verify users' ages and block those who are under 18 from downloading apps or making in-app purchases without parental consent.
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March 05, 2025
Accused Tax Prep Hacker Faces Refund Fraud Case In Boston
A Nigerian national accused of conspiring to use stolen taxpayer information and reaping $1.3 million in phony returns has been extradited to the United States to face charges of breaking into Massachusetts tax preparation firms' computer networks, Boston federal prosecutors said.
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March 05, 2025
GOP Bid To Nix CFPB Payment Oversight Rule Clears Senate
The U.S. Senate on Wednesday passed a measure to nullify the Consumer Financial Protection Bureau's Biden-era digital payments supervision rule, advancing a Republican effort to block the agency from exercising greater oversight of big payment app providers.
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March 05, 2025
Wash. Hospital Patient's Pixel Privacy Suit Survives Dismissal
A Washington federal judge said Tuesday that a patient has shown how an Evergreen State hospital allegedly shared her personal health information by installing Facebook browser tracking tools on its website, preserving one of her claims while giving her a final shot at revising several others.
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March 05, 2025
12 Chinese Nationals Charged With Hacking Scheme
The U.S. Department of Justice announced it has charged 12 Chinese nationals who it alleges were employed as contractors by a shell company that ran hacking operations against dissidents of the Chinese government and against multiple foreign ministries of other governments in Asia.
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March 05, 2025
Alex Jones Escapes Immediate Sandy Hook Payment Bid
Bankrupt Infowars host Alex Jones has escaped a request to immediately pay more than $1 billion to the families of Sandy Hook Elementary School victims who sued him for defamation, the Connecticut Appellate Court has ruled.
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March 05, 2025
Pot Co. Hit With Class Action Over Unwanted Mass Texts
A California man is suing a dispensary and cannabis delivery service in federal court, alleging that it has violated the Telephone Consumer Protection Act by repeatedly sending unsolicited marketing text messages.
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March 04, 2025
Musk Fails To Block OpenAI From Turning Into For-Profit Entity
A California federal judge on Tuesday denied Elon Musk's bid to preliminarily bar OpenAI Inc. from converting into a for-profit entity, saying that a threshold question of whether Musk's over $44 million in donations created a charitable trust was a "toss-up."
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March 04, 2025
Sens. Again Push Bill To Boost Online Protections For Teens
A bipartisan pair of U.S. senators on Tuesday revived a longstanding legislative proposal that would expand digital privacy protections to cover teens between the ages of 13 and 16, ban targeted advertising to minors and require companies to enable the erasure of underage users' personal information.
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March 04, 2025
Rite Aid Agrees To Pay $6.8M In Deal Over 2024 Data Breach
Rite Aid has agreed to a $6.8 million settlement to resolve proposed class action claims it failed to prevent a cyberattack that compromised over 2 million customers' highly sensitive information, offering up to $10,000 per claimant for documented losses, a preliminary approval order filed Tuesday in Pennsylvania federal court states.
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March 04, 2025
Agencies Have 'Ultimate' Authority Over Firings, OPM Says
The Office of Personnel Management on Tuesday issued a revised version of its January memo directing agency heads to identify all probationary employees, adding a disclaimer that OPM "is not directing agencies to take any specific performance-based actions" and that agencies "have ultimate decision-making authority."
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March 04, 2025
Scientific American Publisher Can't Ax Meta Pixel Privacy Suit
A New York federal judge refused to dismiss a putative class action accusing publisher Springer Nature America Inc. of violating the Video Privacy Protection Act by sharing Scientific American subscribers' video viewing data with Meta Platforms Inc. via a tracking pixel.
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March 04, 2025
Blockchain Org. Wins $3.5M Fees From Trader's Seized Assets
Crypto project the ICON Foundation is set to receive $3.5 million in attorney fees and costs after it successfully turned the tables on a user who sued the project after it took action to freeze millions of tokens he created by exploiting a bug in the project's software.
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March 04, 2025
Annoyed Judge Says No New Trial For CenturyLink
Telecommunications company CenturyLink's hopes of getting a new trial on claims that it illegally ran people's credit reports have been dashed after an Arizona federal judge said he has already explained "ad nauseum" that it doesn't make sense to make all 56,000 class members prove that they didn't want their credit pulled.
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March 04, 2025
Health Providers Fight To Keep MultiPlan Pricing MDL Alive
Healthcare providers targeting MultiPlan and several major insurers with horizontal price-fixing claims argued Monday an Illinois federal judge should let their multidistrict litigation proceed because the defendants simply constructed a "strawman" to convince him to toss it.
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March 04, 2025
Insurer Says Claims Of Illegally Tracked Info Erase Coverage
An insurer for a fertility treatment provider told an Illinois federal court that an exclusion on the disclosure of personal information precludes commercial general liability coverage for a lawsuit accusing the provider of unlawfully installing tracking technologies to collect website users' private information.
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March 04, 2025
AG Asks Mich. High Court To Preserve Anti-Terrorism Law
Michigan's attorney general asked the state Supreme Court to put on hold a ruling striking down the state's anti-terrorist threat law as unconstitutional, saying the ruling threatens to unravel ongoing prosecutions and hamper future responses to threats of violence.
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March 04, 2025
Movie Theaters Left Credit Card Info On Receipts, Suit Says
The Massachusetts owner of a small chain of movie theaters in Connecticut and Rhode Island left credit card expiration dates on customers' receipts in violation of federal law, a proposed class action filed Monday alleges.
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March 04, 2025
IRS Crypto Summons Broke Privacy Law, 5th Circ. Told
The IRS failed to comply with privacy law in seeking a cryptocurrency executive's third-party bank records, the executive told the Fifth Circuit, saying the agency never notified his attorney even though it was aware he was represented by counsel.
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March 04, 2025
CFPB Drops Zelle Fraud Prevention Suit Against Big Banks
The Consumer Financial Protection Bureau on Tuesday abandoned its lawsuit against JPMorgan Chase and other major banks over digital payment fraud on Zelle, the latest Biden-era enforcement action to be dropped by the agency's Trump-appointed interim leadership.
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March 03, 2025
ByteDance, TikTok Get Editing App Privacy Suit Trimmed
An Illinois federal judge trimmed Monday a proposed class action alleging TikTok owner ByteDance secretly collects and profits from biometric data gathered from users of its CapCut video-editing tool, dismissing for good a Video Privacy Protection Act claim, while keeping alive other privacy allegations and tossing a few with leave to amend.
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March 03, 2025
TikTok And Reddit Face UK Probes Over Kids' Data Handling
Britain's data protection watchdog on Monday stepped up its efforts to ensure that children are being protected online, launching investigations into how popular digital platforms TikTok, Reddit and Imgur gather and use minors' personal information.
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March 03, 2025
Knicks And Raptors Set Arbitration Hearing In Data-Theft Suit
An NBA arbitration hearing is scheduled to take place in July in the New York Knicks' lawsuit against the Toronto Raptors over claims a Knicks video director hired by the Toronto team had acted as a "mole" and provided his new team with proprietary data.
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March 03, 2025
ParkMobile Offers $9M, App Credits To End Data Breach Suit
ParkMobile customers who alleged their personal information was compromised in a 2021 data breach have asked a Georgia federal judge to give final approval to a settlement that would set aside a $9 million cash fund and up to $21 million in parking credits to end their class action.
Expert Analysis
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How Cos. Can Respond To CFPB Digital Asset Safeguard Plan
Though the Consumer Financial Protection Bureau’s proposal to regulate online payment platforms via existing federal laws would create new challenges, digital payment companies that engage with the rulemaking process could help shape a win-win regulatory framework that protects consumer data and ensures the sector’s growth, says Allison Raley at Arnall Golden.
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EEOC Wearable Tech Guidance Highlights Monitoring Scrutiny
The U.S. Equal Employment Opportunity Commission's recent fact sheet on wearable technologies cautions against potential issues with federal anti-discrimination laws and demonstrates growing concern from regulators and legislators about intrusive technologies in the workplace, say attorneys at Littler.
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The 5 Most Important Bid Protest Decisions Of 2024
The U.S. Court of Appeals for the Federal Circuit, the Court of Federal Claims and the Government Accountability Office issued five noteworthy bid protest decisions in 2024 that will likely have a continuing impact on questions concerning standing, timeliness, corporate transactions and more, say attorneys at Bradley Arant.
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High Court Could Further Limit Deference With TCPA Fax Case
The Supreme Court's decision to hear McLaughlin Chiropractic Associates v. McKesson, a case involving alleged junk faxes that centers whether district courts are bound by Federal Communications Commission rules, offers the court a chance to possibly further limit the judicial deference afforded to federal agency interpretations of statutes, says Samantha Duke at Rumberger Kirk.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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And Now A Word From The Panel: How MDLs Fared In 2024
A significant highlight of the Judicial Panel on Multidistrict Litigation's practice during 2024 was the increase in the percentage of new MDL petitions granted by the panel, with 25 granted and only eight denied — one of the highest grant rates in years, says Alan Rothman at Sidley.
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Overseas Investment Rule Calls For Compliance Caution
Investors should be leery of who and what they are investing in now that the federal outbound investment regime, effective Jan. 2, has extended the governement's regulatory reach to businesses and parties not previously subject to trade restrictions, says Thaddeus McBride at Bass Berry.
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7 Steps To Sell Corporate Leadership On Privacy Compliance
In celebration of the 17th annual Data Privacy Day, compliance professionals shouldn't take no for an answer when they request funding and other support for their privacy initiatives — instead, consider new ways to get leaders on board, says Liisa Thomas at Sheppard Mullin.
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The 7th Circ.'s Top 10 Civil Opinions Of 2024
Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.
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Kansas Bank's Suit Could Upend FDIC Enforcement Authority
Should CBW Bank's federal lawsuit in Kansas challenging the Federal Deposit Insurance Corp.'s enforcement authority gain traction with a post-Chevron U.S. Supreme Court, it could have profound implications for the FDIC and the banking industry at large, says Jack Harrington at Bradley Arant.
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FTC Report On AI Sector Illuminates Future Enforcement
The Federal Trade Commission's report on cloud service providers and their partnerships with developers of artificial intelligence's large language models suggests that the agency will move to rein in Big Tech with antitrust enforcement to protect startups, say attorneys at Squire Patton.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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How Fintechs Can Respond To New CFPB Supervisory Rule
Even though a new Consumer Financial Protection Bureau rule pulling large payment apps into supervision faces an uncertain fate in the new administration, providers should still examine the rule's definitions and prepare for increased compliance costs and more consumer-friendly practices, say attorneys at DLA Piper.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.