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Cybersecurity & Privacy
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January 08, 2025
Consumers Get Class Cert. In Suit Over Law Firm's Robocalls
A West Virginia federal judge has granted class status to consumers who are accusing a plaintiffs' firm of violating the Telephone Consumer Protection Act by blasting them with unsolicited calls seeking their participation in litigation against the federal government over contaminated water at Marine Corps Base Camp Lejeune.
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January 08, 2025
Meta, Microsoft, Google Seek To Toss DNA Data-Sharing Suit
DNA-testing platform Nebula Genomics, Meta Platforms, Microsoft and Google urged a Chicago federal judge to toss a putative class action accusing the companies of surreptitiously misusing customers' genetic data through tracking software on Nebula's website, arguing that the complaint lacks specifics tying the defendants to alleged wrongdoing.
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January 08, 2025
FCC Hikes Fines For Failing To Comply With Robocall Rules
The Federal Communications Commission unveiled rules Wednesday to increase the penalties that telecommunication companies could face if they don't comply with their obligation to send information to a central database that tracks anti-robocall compliance.
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January 08, 2025
PowerPlan To Pay $24M, Ending Rival's Monopoly Claims
Roper Technologies subsidiary PowerPlan Inc. has agreed to pay $24 million in a settlement with a rival firm formed by former employees who said the utility software giant tried to lock them out of the market by threatening litigation against them and prospective clients.
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January 08, 2025
Epic Gets Backing For Google App Store Changes
Epic Games has received support from federal antitrust enforcers, Microsoft and others at the Ninth Circuit as the game developer fights Google's bid to appeal an order forcing the tech giant to loosen its policies surrounding the distribution of apps on Android devices.
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January 08, 2025
Rivers Casino Hit With Pa. Suit Over Data Breach
The owner of Rivers Casino in Philadelphia has been accused of not doing enough to safeguard customers' personal information, which was exposed during a data breach incident last year, according to a new class action filed Wednesday in federal court.
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January 08, 2025
CFPB Hit With Industry Suit Over Medical Debt Reporting Rule
A top trade group for the credit reporting industry has moved to challenge the Consumer Financial Protection Bureau's new rule that would take billions of dollars in medical debt off credit reports, accusing the agency of overreach in a lawsuit filed in Texas federal court.
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January 08, 2025
H&R Block To Pay $7M Fine In False Ad Settlement With FTC
Tax preparation giant H&R Block will pay a $7 million fine to help customers harmed by what the Federal Trade Commission called its deceptive advertising practices and make it easier for customers to downgrade to cheaper products under a settlement with the agency announced Wednesday.
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January 08, 2025
Google Still Has To Face Users' Mobile App Privacy Suit
Google is facing the prospect of another trial, this time over allegations it secretly tracked millions of Google app users' browsing and ad interactions, after a California federal judge rejected the tech giant's bid for summary judgment.
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January 08, 2025
Ariz. Tribe Sues Social Media Giants Over Youth Mental Health
An Apache tribe has hit all the social media giants with a suit in California federal court claiming the companies' platforms are designed to addict young people but have a particularly bad effect on Native American youth, who already face a high risk of depression, addiction and suicide.
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January 08, 2025
Mortgage Cos. Fined $20M Over Cybersecurity Breach
Bayview Asset Management LLC and three affiliates on Wednesday agreed to pay a $20 million fine and improve their cybersecurity programs to settle allegations from 53 state financial regulators that the mortgage companies had deficient cybersecurity practices and didn't fully cooperate with regulators after a 2021 data breach.
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January 08, 2025
EU Commission To Pay €400 For Sending IP Address To Meta
A European Union court ordered the bloc's commission on Wednesday to pay a German citizen €400 ($412) in compensation for operating a website that disclosed his IP address to Meta in breach of its own data regulations — a first for the executive branch.
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January 07, 2025
HHS Fines Mass. Health Firm $80K Over Ransomware Attack
Elgon Information Systems, which provides digital medical record and billing support services, will pay $80,000 over alleged healthcare data protection rule violations following a ransomware attack on its systems in March 2023 that impacted roughly 31,248 customers, the U.S. Department of Health and Human Services announced Tuesday.
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January 07, 2025
'Cyber Trust Mark' To Soon Adorn Smart Devices, Gov't Says
The makers of internet-connected devices such as home security cameras and voice-activated assistants will soon be able to obtain a label to certify that their products meet certain cybersecurity standards, under a new program officially launched by the Biden administration Tuesday.
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January 07, 2025
9th Circ. Upholds Ore. Ban On Secret Audio Recordings
A split en banc Ninth Circuit panel on Tuesday upheld as constitutional an Oregon law prohibiting secret audio recordings of people's conversations, ruling in a published opinion that the statute was narrowly tailored to Oregon's significant interest in ensuring its residents know when their conversations are recorded, even in public.
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January 07, 2025
Hacked LA Law Firm Hill Farrer Beats Suit Over Cyberattack
A Los Angeles judge Tuesday tossed a proposed class action against Hill Farrer & Burrill LLP alleging it failed to stop a preventable cyberattack carried out by hackers and said he would not allow for the complaint to be amended because the case law cited by the lead plaintiff is deficient.
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January 07, 2025
FCC Urged To Revisit New Robocall Penalty Plan
Voice providers are calling on the Federal Communications Commission to ease robocall reporting requirements, with one prominent telecom trade group calling a potential agency proposal to fine companies $10,000 for submitting false or inaccurate compliance reports "unnecessarily punitive."
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January 07, 2025
H&R Block Accused Of Negligence In Data Breach
An H&R Block user who claims cybercriminals disseminated his personal information on the dark web, after a data breach at the tax preparation firm, accused the company in a proposed class action of failing to properly protect consumer data.
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January 07, 2025
Google Avoids Data Destruction Sanctions In Ad Privacy Suit
A California federal judge has declined to sanction and hold Google in contempt for purportedly intentionally destroying key evidence in a putative class action claiming the company's ad auction practices violate privacy rights, saying the consumers' motion came too late after fact discovery closed.
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January 07, 2025
Top Groups Lobbying The FCC
The Federal Communications Commission heard from advocates more than 50 times in December on issues ranging from prison phone rates to the use of artificial intelligence in text messages, shared use of the airwaves, marketing consent rules and more.
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January 07, 2025
Didi Investor Wants To Be New Leader Of Regulatory Suit
A Didi Global Inc. investor asked Tuesday to sub in as lead plaintiff in a proposed class action claiming the Chinese ride-hailing giant misrepresented the risks of a disciplinary crackdown from the Chinese government over alleged data security violations, as the suit's current leader plans to withdraw from the litigation.
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January 07, 2025
States Push For Jury Trial In Google Ad Tech Case
State enforcers accusing Google of monopolizing key digital advertising technology have urged a Texas federal court to reject Google's bid to have the case decided by a judge, saying the U.S. Supreme Court's recent Jarkesy decision confirms the right to a jury trial.
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January 07, 2025
Judge Looks To Finally Resolve Mass. 'Right To Repair' Suit
A long-stalled fight over Massachusetts' expanded "right to repair" law requiring open access to vehicle telematics software appears to be on a fast track after a new judge took over the case and said Tuesday she plans to rule in the near future.
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January 07, 2025
Judge Temporarily Blocks Trump Special Counsel Report
A Florida federal judge on Tuesday temporarily blocked the publication of a report by special counsel Jack Smith regarding his two now-dismissed prosecutions of Donald Trump, after lawyers for the president-elect said Smith was trying to continue a political crusade now that he can no longer pursue criminal charges.
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January 07, 2025
CFPB Accuses Experian Of 'Sham' Dispute Investigations
The Consumer Financial Protection Bureau on Tuesday sued credit reporting giant Experian in California federal court, alleging it conducts shoddy investigations into consumer-flagged reporting errors and allows previously deleted errors to reappear.
Expert Analysis
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Think Like A Lawyer: 1 Type Of Case Complexity Stands Out
In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.
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FTX Exec's Sentencing Shows Pros And Cons Of Cooperation
The sentencing of former FTX tech deputy Gary Wang, whose cooperation netted him a rare outcome of no prison time, offers critical takeaways for attorneys and clients navigating the burgeoning world of crypto-related prosecutions, says Andrew Meck at Whiteford.
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Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity
Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.
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Trending At The PTAB: Collateral Estoppel Continues Evolving
We are starting to see brighter lines on collateral estoppel involving Patent Trial and Appeal Board proceedings, illustrated by two recent cases that considered whether collateral estoppel should apply to factual findings on prior art from the PTAB in a later district court litigation, say attorneys at Finnegan.
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Series
Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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SEC Prioritized Enforcement Sweeps As Cases Slowed In '24
Following three consecutive years of increasing activity, fiscal year 2024 marked the lowest number of cases the U.S. Securities and Exchange Commission has brought since Gary Gensler assumed office in April 2021, buttressed by some familiar enforcement sweeps, say attorneys at Covington.
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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Implementing Human Rights Due Diligence
The Bureau of Industry and Security’s recent removal of a Canadian surveillance provider from its export blacklist, after just eight months, illustrates the importance of integrating human rights due diligence into the vetting process by asking a few targeted questions, say attorneys at Cravath.
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How CFIUS' Updated Framework Affects Global Investors
The recent change to the monitoring and enforcement regulations governing the Committee on Foreign Investment in the United States will broaden administrative practices around nonnotified transaction investigations, increase the scope of information demands from the committee and accelerate its ability to impose mitigation on parties, say attorneys at Simpson Thacher.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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With Precautions, AI Can Help With Suspicious Activity Filings
While artificial intelligence can enhance suspicious activity report processes, financial services firms should review applicable expectations and areas of deficiencies that can lead to enforcement actions before using AI to help write SARs, say attorneys at Jenner.
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9th Circ.'s High Bar May Limit Keyword Confusion TM Claims
A recent Ninth Circuit ruling that a law firm did not infringe upon a competitor’s trademarks by paying Google to promote its website when users searched for the rival’s name signals that plaintiffs likely can no longer win infringement suits by claiming competitive keyword advertising confuses internet-savvy consumers, say attorneys at Mitchell Silberberg.
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Mitigating Defamation Liability Risks Of AI-Generated Content
Until Congress and the courts provide clear guidance about defamation liability stemming from generative artificial intelligence tools, companies should begin building controls to prevent the creation of defamatory content, says Michael Gerrity at Accenture.
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What Trump's Next Term May Mean For Biz Immigration
Leonard D'Arrigo at Harris Beach discusses the employment-based immigration policies businesses can potentially expect during President-elect Donald Trump’s second term, based on policies enacted during his first administration, statements made during his campaign and proposals in Project 2025.
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Takeaways From Final Regulations For China Investment Ban
The U.S. Department of the Treasury’s final rule banning U.S. investment in emerging Chinese technology clarifies some key requirements, includes additional exceptions for covered transactions and attempts to address concerns that the rule will put U.S. businesses at a competitive disadvantage, say attorneys at Simpson Thacher.