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Cybersecurity & Privacy
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March 25, 2025
Privacy Statements OK By Pa. Wiretapping Law, Judge Says
Websites that disclose third-party data collection in privacy statements that a "reasonably prudent person" could see do not violate Pennsylvania's laws against wiretapping, a federal judge has ruled, throwing out a long-running lawsuit that defendants claimed could have rendered many websites illegal.
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March 25, 2025
No More C-Suite 'Deference' At FTC, Ferguson Says
Federal Trade Commission Chairman Andrew Ferguson took aim Tuesday at previous antitrust enforcers' "hands off" approach, which he said worried too much about stifling Big Tech's momentum and innovation and not enough about the power that online platforms "wielded over our daily lives."
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March 25, 2025
McCarter & English Adds Ex-FBI Privacy Officer In DC
McCarter & English LLP said Tuesday it is strengthening its cybersecurity and data practice with the addition of a veteran FBI attorney who oversaw the bureau's response to data breaches and advised executives there on civil liberties issues.
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March 25, 2025
2nd Circ. Trims Ex-K&L Gates Atty's Cyberstalking Conviction
The Second Circuit has reversed one of three counts of conviction for a former K&L Gates attorney who was accused of cyberstalking and harassing his colleagues, finding that there was insufficient evidence to support claims that he made "true threats" to one of the accusers.
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March 25, 2025
Florida High Court Forms Group To Examine Judicial Security
The Florida Supreme Court has created a new working group on judicial security and tasked it with developing a report over the next year on threat reduction, detection and response.
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March 25, 2025
Quarles & Brady Adds Data Privacy Atty From Baker Donelson
Quarles & Brady LLP is continuing to uplift its intellectual property group, announcing Monday that the team has welcomed a former Baker Donelson Bearman Caldwell & Berkowitz PC attorney who advises on data privacy, cybersecurity and artificial intelligence governance.
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March 25, 2025
NYU Sued Over Hack That Exposed SAT Scores, Aid Info
New York University failed to take steps to prevent a recent data breach in which a hacker gained access to its website for at least two hours and compromised personal information for at least 3 million applicants, including test scores and financial aid, according to a proposed class action.
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March 24, 2025
Beyond Meat Sued On Allegations Broker Accessed User Data
Plant-based meat substitute producer Beyond Meat Inc. has covertly teamed up with data broker Experian to track website visitors and sell their personal data "to the highest bidders" without their permission, according to a proposed class action filed in California federal court.
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March 24, 2025
Ill. Judge Flips Rulings Applying BIPA Change Retroactively
An Illinois federal judge has scrapped her determination that the Illinois legislature's move to limit damages under the state's Biometric Information Privacy Act applies to disputes filed before the change took effect, aligning with two other district judges who have found the amendment to be a "substantive" one that only affected cases prospectively.
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March 24, 2025
Period App Users Get $3.5M In Privacy Deal With Analytics Co.
A defunct mobile analytics company caught up in a proposed class action alleging a menstruation tracking app impermissibly shared health information with Google and others has agreed to a $3.5 million settlement with app users, given its "limited pool of funds," app users informed a California federal court on Friday.
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March 24, 2025
Skadden, Latham Lead Crypto Platform EToro's IPO Filing
Crypto-friendly trading platform eToro Group Ltd. on Monday publicly filed its long-awaited plans for an initial public offering, represented by Skadden Arps Slate Meagher & Flom LLP and underwriters' counsel Latham & Watkins LLP.
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March 24, 2025
Salesforce Can't Escape Backpage Sex-Trafficking Suit
A Texas federal judge has ruled Salesforce must face a suit over the sex trafficking of women on Backpage.com, the defunct classified ads website that utilized the company's software, saying it was properly alleged that Salesforce should have been aware of Backpage's connection to prostitution.
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March 24, 2025
Children's Hospital Axes Suit Over Meta Info Sharing, For Now
A Minnesota federal judge tossed a proposed class action alleging a children's hospital used ad tracking software on its website that disclosed minor patients' sensitive information with Meta Platforms Inc., Google LLC and other third parties, saying the patients' parents don't have standing to sue.
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March 24, 2025
UMich Students Sue Over Ex-Coach's Alleged Hacking
Student-athletes are claiming the University of Michigan and a software company failed to safeguard their private information from an assistant football coach recently charged with computer crimes, filing a lawsuit one day after the former coach's indictment was unveiled.
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March 24, 2025
Judges Question T-Mobile Over Skipping Jury Trial
Judges from the D.C. Circuit on Monday questioned why T-Mobile and Sprint didn't exercise their right to challenge the Federal Communications Commission's $92 million combined fine for selling subscriber locations in a jury trial, suggesting that option may have been more fruitful than paying the fine and going to appellate court.
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March 24, 2025
FinCEN Exempts US Businesses From Disclosure Rules
The U.S. Department of the Treasury's financial crimes unit issued interim final rules that exempt domestic businesses from contested reporting regulations, which the department had previously signaled it would narrow to include only foreign companies registered stateside.
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March 24, 2025
DNA Testing Firm 23AndMe Files Ch. 11 With Plans To Sell
DNA testing company 23andMe Inc. filed for Chapter 11 protection in Missouri bankruptcy court, listing $214 million of debt and saying it plans to sell its business through the bankruptcy process.
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March 21, 2025
7th Circ.'s Sykes' Top Rulings Before Senior Judge Transition
Chief U.S. Circuit Judge Diane Sykes of the Seventh Circuit has let her voice be heard on major issues that faced courts during her time at the top, writing important rulings that have advanced biometric privacy litigation, kept Wisconsin's mandatory bar membership intact and curbed a "copyright troll" from crowding dockets with questionable suits.
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March 21, 2025
NY AG Notches Another Data Security Deal With Auto Insurer
Root Insurance Co. will pay $975,000 to resolve the New York attorney general's claims that the company failed to protect driver's license numbers and other personal information swept up in a hacking campaign targeting online rate quote tools, marking the fourth settlement that the regulator has reached with auto insurers over alleged data security failings.
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March 21, 2025
Members Hit Pa. Teacher Union With Suit Over Data Breach
A Pennsylvania teachers union was negligent and breached its fiduciary duty in connection with a data breach that potentially exposed Social Security numbers and other personal information, a member alleged in a proposed class action, saying more than 500,000 people were impacted.
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March 21, 2025
FCC Probes Chinese Cos. For Alleged Illicit US Operations
The Federal Communications Commission on Friday launched a new inquiry into Huawei, ZTE and other companies linked to the Chinese government examining whether they are still operating in the U.S. in violation of restrictions meant to curtail their operations here.
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March 21, 2025
No 'Cosmic Coincidence,' Atty Suggests In Peet's Privacy Suit
Counsel for a digital marketing company on Friday urged a California federal judge to reject a class certification bid in a suit accusing it and Peet's Coffee of unlawfully tracking internet users' browsing activity, accusing a would-be lead plaintiff of trying to intentionally trigger the tracking to become a class representative.
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March 21, 2025
No Suspension Pause For Ex-Alex Jones Atty, Ethics Boss Says
A former Alex Jones attorney's two-week suspension from practicing law in Connecticut should not be halted amid an impending appeal, but he should get credit for a previous weeklong suspension he served over the same mishandling of confidential information about family members of Sandy Hook shooting victims, the state's chief legal ethics official said in a new filing.
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March 21, 2025
DC Circ. Won't Let Apple Intervene For Google Search Fix Trial
A D.C. Circuit panel on Friday rejected Apple's appeal seeking to participate in the remedy trial for the U.S. Department of Justice's search monopolization case against Google next month.
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March 21, 2025
3rd Circ. Takes On NJ Judicial Privacy Law's Constitutionality
The Third Circuit has granted requests by several data brokers to review a lower court judge's ruling that New Jersey's judicial privacy and security measure, known as Daniel's Law, is constitutional.
Expert Analysis
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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.
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Opinion
Justices Rightly Corrected Course In Nvidia And Facebook
By dismissing both the Nvidia and Facebook class actions, over investors' ability to hold corporations accountable for fraud, the U.S. Supreme Court was right in refusing to favor corporations over transparency, and reaffirmed its commitment to corporate accountability, investor protection and the rule of law, says Laura Posner at Cohen Milstein.
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Gov't Scrutiny Of Workplace Chat Apps Set To Keep Growing
The incoming Trump administration and Republican majorities in Congress are poised to open numerous investigations that include increasing demands for entities to produce communications from workplace chat apps, so companies must evaluate their usage and retention policies, say attorneys at Orrick.
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Unwrapping Retailer AI Risks Amid Holiday Shopping Season
While generative artificial intelligence tools can catalyze game-changing results for retailers looking to stay ahead of the competition during the holiday season, and year-round, it can also bring certain legal risks, including product liability concerns, say attorneys at King & Spalding.
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When US Privilege Law Applies To Docs Made Outside The US
As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.