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Cybersecurity & Privacy
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April 02, 2025
Zoll Gets Parts Of Data Breach Class Action Tossed
A Massachusetts federal judge released Zoll Medical Corp. from some claims brought by a proposed class of medical device customers whose personal data was released after two ransomware attacks, but kept alive claims of negligence, unjust enrichment and others.
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April 02, 2025
Jailed IRS Leaker Says Judge 'Predetermined' Sentence
The IRS contractor imprisoned for leaking thousands of tax returns, including those of President Donald Trump, to national media outlets asked the D.C. Circuit to rescind his sentence, saying a federal judge held off-the-record meetings that revealed her determination to deliver the maximum punishment.
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April 02, 2025
At AI Hearing, House Lawmakers Seek Regulatory Balance
Lawmakers on the House Judiciary Committee grappled with how antitrust regulators should approach the artificial intelligence industry Wednesday, with Republicans and industry advocates warning that heavy-handed enforcement could thwart America's lead in the industry and Democrats wondering what had changed from when AI leaders sought more governmental guardrails.
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April 02, 2025
Microsoft Ad Platform Allows Illegal Surveillance, Suit Says
Microsoft has been targeted in a proposed class action that alleges it uses software and an advertising and analytics platform to illegally track sensitive private information and the browsing histories of hundreds of millions of people in violation of federal and California privacy laws.
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April 02, 2025
Orthodontic Software Co. Hit With Data Breach Class Action
An orthodontic software company has been hit with a proposed class action in Georgia federal court over a November data breach in which the names, birth dates, medical records, insurance information, payment card data and Social Security numbers of its clients' patients were stolen by hackers.
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April 02, 2025
Walgreens Ignoring Requests To Stop Emails, Suit Says
Walgreens floods customers' inboxes with "incessant spam" and ignores any attempt to unsubscribe from the retailer's mailing list, according to a proposed class action filed in Massachusetts state court.
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April 02, 2025
Evolve Bank Reaches $11.8M Deal Over 2024 Data Breach
Evolve Bank & Trust, a prominent fintech partner bank, has agreed to an $11.8 million settlement to resolve claims in a consolidated suit that it failed to properly protect customers' private information and notify them following a cyberattack last year.
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April 01, 2025
Streaming Service Can't Drop Privacy Suit Over Data Sharing
A California federal judge refused to cut federal and state video privacy claims from a putative class action accusing movie streaming provider Mubi of secretly tracking and sharing subscribers' video-viewing histories with third parties such as Meta, rejecting arguments that the plaintiffs lacked standing and adequate support for their allegations.
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April 01, 2025
Ark. Law Limiting Kids' Social Media Use Struck Down
Arkansas' law limiting minors' social media access is a "content-based restriction on speech" that violates platform users' First Amendment rights and is unconstitutionally vague, a federal judge ruled Monday, striking down the law that requires parental permission and age checks to access certain online platforms.
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April 01, 2025
Dominion Voting System Challenge Tossed After A Year Wait
More than a year after a 17-day bench trial in early 2024, a Georgia federal judge has dismissed a lawsuit challenging the legality of the state's electronic in-person voting system, finding the plaintiffs lacked standing to assert they were injured by the use of the devices.
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April 01, 2025
Meta Can't Narrow Health Privacy Suit Scope, Consumers Say
Two consumers who claim that Meta secretly collected their health information data through an "invisible tracker" on third-party websites told a California federal judge Tuesday that the social media giant is improperly trying to narrow their proposed class action to cover just one third-party health website.
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April 01, 2025
FCC Says Scammers Are Targeting Chinese Community
Chinese-Americans have been receiving calls from bad actors attempting to line their own pockets by posing as insurance company employees and government officials in order to get personal information or cash payments, the FCC is warning.
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April 01, 2025
Plaintiff Can't Sue TransUnion After High Court Ruling
An Illinois appellate panel affirmed the dismissal of a Fair Credit Reporting Act complaint filed by a man who was dismissed from federal class action litigation against TransUnion after a U.S. Supreme Court landmark decision, rejecting the plaintiff's argument that he pursued the claims in a timely manner.
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April 01, 2025
SPEX Rips Western Digital Bid To Undo $553M Patent Loss
SPEX Technologies Inc. has pushed back at Western Digital Corp.'s attempt to have a California federal judge throw out a $553 million award in a patent infringement case, saying that Western Digital "faults everyone but itself."
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April 01, 2025
Hartford Unit Freed From Ill. Agency's $4M Wire Fraud Suit
An Illinois agency that administers the estates of financially distressed insurers can't get coverage from a Hartford unit for a computer system breach that the agency said caused roughly $4 million in outstanding losses, a federal court ruled, finding its claims fall outside an "electronic mail initiated fraud" coverage provision.
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April 01, 2025
IBM And J&J Beat 'Speculative' Data Breach Suit, For Now
A New York federal judge has tossed with leave to amend a proposed class action alleging IBM and Johnson & Johnson's healthcare arm failed to safeguard sensitive health information of thousands of patients before a 2023 data breach, finding the purported harm is "entirely speculative" as currently alleged.
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April 01, 2025
House GOP Infighting Delays Push To Repeal 2 CFPB Rules
Plans for the U.S. House to vote on overturning two Biden-era Consumer Financial Protection Bureau rules were scuttled Tuesday by an unrelated fight among Republicans about whether to allow proxy voting for lawmakers with infant children.
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April 01, 2025
Prudential Beats Life Insurance Applicant's GIPA Suit
A Prudential life insurance applicant cannot pursue genetic information privacy claims after being required to undergo a physical exam and detail her family's medical history, as the state law she cites does not apply to life insurance underwriting, an Illinois federal judge said on Monday.
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April 01, 2025
Ex-DHS Intel Head To Lead Mayer Brown Investigations Team
The former leader of the U.S. Department of Homeland Security's intelligence office has joined Mayer Brown LLP to help lead its global investigations and white collar defense practice — a role that he says allows him to join forces with attorneys whom he's known for years.
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April 01, 2025
Md. Credit Union Didn't Protect Sensitive Info, Customer Says
Lafayette Federal Credit Union was hit with a proposed class action from a customer in Maryland federal court alleging the credit union failed to protect customers' personal information from malicious actors in a September breach despite being aware it was at risk of an attack.
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March 31, 2025
Wells Fargo Sued Over Online Wire Fraud Protections
Wells Fargo has been hit in by a proposed class action California federal court accusing the bank of leaving its online and mobile banking customers exposed to costly losses from fraudulent wire transfers.
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March 31, 2025
Former Stimlabs Exec Must Face Trade Secrets Claims
A former biomedical technology company executive must face claims that she absconded with thousands of internal files containing valuable product information in the days and weeks leading up to her ouster last year, a Georgia federal judge ruled.
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March 31, 2025
France Fines Apple €150M For App Tracking Policy
France's competition enforcer fined Apple €150 million ($162.3 million) on Monday for its rollout of a policy designed to give users more control of the data apps can track over concerns that it hindered small publishers and others that rely on data collection to finance their business.
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March 31, 2025
Driver Says Parking Garage Privacy Suit Can't Be Arbitrated
The lead plaintiff in a proposed class action claiming a nationwide operator of parking garages violates privacy laws with its use of video analytics to enforce phony parking fees is fighting the company's bid in Colorado federal court to force the dispute into arbitration.
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March 31, 2025
Immigrant Groups Sue Over New DHS Registration Rule
Immigrant rights groups sued the U.S. Department of Homeland Security in D.C. federal court Monday, seeking to challenge the agency's interim final rule requiring unauthorized immigrants to register with the federal government or face criminal prosecution.
Expert Analysis
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.
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Justices' TikTok Ruling May Pose Threat To Online Expression
The U.S. Supreme Court's recent landmark ruling upholding a federal law mandating TikTok's forced divestiture in the name of data security may embolden digital censorship agendas worldwide, says IP lawyer Bahram Jafari.
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Series
Racing Corvettes Makes Me A Better Lawyer
The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.
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Opinion
Attorneys Must Act Now To Protect Judicial Independence
Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.
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Rethinking 'No Comment' For Clients Facing Public Crises
“No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.
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A Closer Look At FDX's New Role As Banking Standard-Setter
Should the new Consumer Financial Protection Bureau let stand the decision empowering Financial Data Exchange as an industry standard-setter, it will be a significant step toward broader financial data-sharing, but its success will depend on industry adoption, regulatory oversight and consumer confidence, say attorneys at Clark Hill.
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How Design Thinking Can Help Lawyers Find Purpose In Work
Lawyers everywhere are feeling overwhelmed amid mass government layoffs, increasing political instability and a justice system stretched to its limits — but a design-thinking framework can help attorneys navigate this uncertainty and find meaning in their work, say law professors at the University of Michigan.
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10 Issues To Watch In Aerospace And Defense Contracting
This year, in addition to evergreen developments driven by national security priorities, disruptive new technologies and competition with rival powers, federal contractors will see significant disruptions driven by the new administration’s efforts to reduce government spending, regulation and the size of the federal workforce, say attorneys at Thompson Hine.
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Compliance Pointers For DOJ's Sweeping Data Security Rule
A new Justice Department rule broadly restricts many common data transactions with the goal of preventing access by countries of concern, and with an effective date of April 8, U.S. companies must quickly assess practices related to employee, customer and vendor data, says Sam Castic at Hintze Law.
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Class Actions At The Circuit Courts: February Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal appellate court class certification decisions and identifies practice tips from cases involving breach of life insurance contracts, constitutional violations of inmates and more.
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What To Expect From The New FCC Chair
As a vocal critic of the Federal Communications Commission's recent priorities, newly appointed chair Brendan Carr has described a vision for the agency that would bring significant changes to telecommunication regulation and Telephone Consumer Protection Act enforcement in the U.S., say attorneys at BCLP.
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4 Do's And Don'ts For Trial Lawyers Using Generative AI
Trial attorneys who use artificial intelligence tools should review a few key reminders, from the likelihood that prompts are discoverable to the rapid evolution of court rules, to safeguard against embarrassing missteps, says Nate Sabri at Perkins Coie.
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Defense Strategies For Politically Charged Prosecutions
Politically charged prosecutions have captured the headlines in recent years, providing lessons for defense counsel on how to navigate the distinct challenges, and seize the unique opportunities, such cases present, says Kenneth Notter at MoloLamken.
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Series
Competitive Weightlifting Makes Me A Better Lawyer
The parallels between the core principles required for competitive weightlifting and practicing law have helped me to excel in both endeavors, with each holding important lessons about discipline, dedication, drive and failure, says Damien Bielli at VF Law.
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11th Circ. TCPA Ruling Signals Erosion Of Judicial Deference
The U.S. Court of Appeals for the Eleventh Circuit recently came to the rescue of the lead generation industry, striking down new regulations that were set to go into effect on Jan. 27, a decision consistent with federal courts' recent willingness to review administrative decisions, say attorneys at Troutman.