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Cybersecurity & Privacy
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February 20, 2025
Education Tech Firm Faces Class Action In NC Over Data Hack
A nationwide education technology platform got hit with a proposed class action in North Carolina on Thursday over a "massive and preventable cyberattack" which allegedly exposed personal information including health data for up to 18,000 of its users.
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February 19, 2025
Meta Should've Preserved Health Tracking Data, Judge Says
A California federal judge considering sanctions against Meta for deleting data in privacy litigation over a Facebook tool's collection of patient health information said Wednesday that he's not convinced Meta had "malintent," but said, "I do think this information should have been preserved."
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February 19, 2025
News Site Ditches Suit Over Sharing Of Visitors' IP Addresses
A New York federal judge has tossed a proposed class action accusing online business news site Insider Inc. of unlawfully disclosing website visitors' IP addresses to a third party, finding that the plaintiff had failed to establish the type of concrete injury necessary to sustain his claims under California law.
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February 19, 2025
Blake Lively Says Other Actresses Will Testify Against Baldoni
Blake Lively has bulked up her sexual harassment and retaliation lawsuit over the movie "It End With Us," saying two other female cast members were also uncomfortable with Justin Baldoni's behavior on set and are prepared to testify in the messy legal fight.
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February 19, 2025
Tech Co.'s Software Doesn't Meet CMS Needs, Judge Says
A Court of Federal Claims judge denied IntelliBridge LLC's attempt to block the Centers for Medicare & Medicaid Services from seeking bidders for its hybrid cloud product engineering and operations contract, finding on Tuesday the agency isn't trying to replicate its batCAVE software.
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February 19, 2025
Citi Moves To Appeal NY Judge's Wire Fraud Protection Ruling
Citibank NA has asked a New York federal judge for permission to appeal his decision allowing New York's attorney general to move forward with a lawsuit accusing the bank of failing to respond properly to incidents of online wire fraud.
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February 19, 2025
Cybersecurity Official Rejoins DOD After Contentious Exit
Former U.S. Department of Defense official Katie Arrington, a key figure in establishing its Cybersecurity Maturity Model Certification program who previously left the Pentagon after a contentious suspension, announced she has rejoined the DOD as chief information security officer.
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February 19, 2025
Funkadelic Keyboardist Won't Face Sanctions In Royalty Fight
A Michigan federal judge on Wednesday declined to issue sanctions against the estate of a former Parliament-Funkadelic keyboardist suing the band's frontman in a royalty dispute, finding that the keyboardist's widow did not seem to intentionally lie about or conceal an agreement with a former defendant in the case.
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February 19, 2025
Crypto Group Urges Rollback Of IRS Broker Rule
A coalition of members of the cryptocurrency trade group Blockchain Association urged congressional leaders Wednesday to repeal a final U.S. Treasury Department rule implementing additional reporting requirements for decentralized finance brokers.
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February 19, 2025
Democrats Say DOGE Took 'Trove' Of Musk Rivals' CFPB Data
U.S. Sens. Elizabeth Warren, D-Mass., and Adam Schiff, D-Calif. demanded Wednesday that Elon Musk remove Department of Government Efficiency staffers from the Consumer Financial Protection Bureau, saying Musk's potential conflicts of interest undermine the agency's goals while giving Musk access to a "trove" of confidential corporate data and an unfair advantage against rivals.
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February 19, 2025
FinCEN Sets March Deadline For Corporate Transparency Act
The U.S. Treasury Department's Financial Crimes Enforcement Network set a new deadline of March 21 for an estimated 32 million small entities to file beneficial ownership reports relating to the Corporate Transparency Act after a Texas federal judge lifted a block on the law's enforcement.
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February 19, 2025
Blue Cross Of NC Finalizes $1.67M TCPA Deal Over Robocalls
A North Carolina federal judge has given her final seal of approval to a $1.67 million settlement with Blue Cross and Blue Shield of North Carolina and a UnitedHealth Group unit over claims they inundated consumers with prerecorded calls without their consent.
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February 18, 2025
Google Can't Stop Mass Arbitration Opt-Outs In Privacy Row
A California federal judge has refused to block more than 69,000 consumers from opting out of a certified class action over the audio recording practices of Google's home devices in order to pursue their claims in individual arbitration, finding that the claimants had properly excluded themselves from the dispute.
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February 18, 2025
Amazon Says Stalking Happened Before It Linked With Tile
Amazon has asked a California federal court to throw out a proposed class action alleging that Bluetooth tracking devices sold via a partnership with Tile Inc. are dangerous because they empower stalkers, saying Amazon "played no role whatsoever" in the alleged conduct, which happened before Tile started working with it.
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February 18, 2025
Health Net Pays $11.25M To Settle Cybersecurity FCA Claims
Health Net and its parent Centene Corp. have reached an $11.25 million False Claims Act settlement to resolve allegations that the health plan administrator falsely certified compliance with cybersecurity requirements under a U.S. Department of Defense contract.
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February 18, 2025
Net Neutrality Supporters Want 6th Circ. Redo On FCC Rule
Public interest groups urged the full Sixth Circuit on Tuesday to reconsider toppling net neutrality rules, arguing that the court's holding conflicts with sister circuits' take on whether broadband providers can be regulated under the Telecommunications Act.
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February 18, 2025
CIA Gets Remaining Assange Visit Spying Claim Tossed
A New York federal judge has dismissed a case accusing the CIA of unlawfully spying on lawyers and journalists who met with WikiLeaks founder Julian Assange, finding it could not be decided without delving into protected state secrets.
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February 18, 2025
Web Data Co. Hid Customer Usage Slowdown, Suit Says
Web data collection solutions company Alarum has been hit with a proposed shareholder class action in New Jersey federal court alleging the company failed to disclose its struggles in keeping and expanding customer engagements, which led to reduced customer spending.
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February 18, 2025
Meta Repeats Push To Halt Social Media Coverage Row In Del.
Meta urged a Delaware federal court again to stay coverage proceedings over underlying claims it deliberately designed its platforms to be addictive to adolescents, noting the Judicial Panel on Multidistrict Litigation may soon transfer the case to California federal court, where the underlying litigation is taking place.
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February 18, 2025
Human Rights Atty Sees 'Serious Risks' Of Neural Data Abuse
International human rights attorney Jared Genser spoke with Law360 Healthcare Authority about the "serious risks of misuse and abuse of neurotechnologies" that have led California and Colorado to expand their state consumer privacy laws in the last year to include neural data, with similar bills pending in Montana, Massachusetts and Illinois.
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February 18, 2025
Howard Lutnick Wins Senate Nod To Lead Commerce Dept.
The Senate voted 51-45 Tuesday evening to confirm longtime Wall Street financier Howard Lutnick to be secretary of the U.S. Department of Commerce.
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February 18, 2025
Dems Push Corporate Transparency Act Legitimacy To Courts
Congress has the authority to establish a nationwide registry of the beneficial owners of legal entities by passing the Corporate Transparency Act, a group of Democratic legislators said in similar amicus briefs filed in appellate courts.
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February 18, 2025
DC Court Asked To Block DOGE's Access To Taxpayer Data
A federal judge should block the U.S. Treasury Department's reported provision of taxpayer data to the Department of Government Efficiency, halt DOGE's access and order its software uninstalled from Treasury systems, unions and advocacy organizations said in a complaint.
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February 18, 2025
Firm Says Insurer Refused To Repay It For $1.5M Cyber Theft
A law firm claimed its cyber insurer refused to reimburse it after hackers allegedly stole more than $1.5 million that was supposed to go to an attorney who had teamed up with the firm on a personal injury case.
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February 14, 2025
Maine Judge Denies Challenge To Corporate Transparency Act
A Maine federal judge upheld the Corporate Transparency Act, rejecting one of several challenges across federal courts claiming Congress lacked the power to require companies to disclose their real owners.
Expert Analysis
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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.
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Can SEC's Consolidated Audit Trail Survive Post-Chevron?
The U.S. Securities and Exchange Commission is currently in a showdown at the Eleventh Circuit over its authority to maintain a national market system and require that the industry spend billions to maintain its consolidated audit trail, a case that is further complicated by the Loper Bright decision, says Daniel Hawke at Arnold & Porter.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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How BIS' Rule Seeks To Encourage More Voluntary Disclosure
Updated incentives, penalties and enforcement resources in the Bureau of Industry and Security's recently published final rule revising the Export Administration Regulations should help companies decide how to implement export control compliance programs and whether to disclose possible violations, say attorneys at Freshfields.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.