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Cybersecurity & Privacy
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January 06, 2025
Trump Selects Long Island Judge For EDNY's Top Prosecutor
President-elect Donald Trump, who was born in Queens, has picked a Long Island state court judge to serve as the next U.S. attorney for the Eastern District of New York, according to an announcement made Monday on Truth Social.
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January 06, 2025
9th Circ. Urged To Extend Freeze On Calif. Social Media Law
Tech trade group NetChoice is pressing the Ninth Circuit to stop California from beginning enforcement of a new social media addiction law on Feb. 1, arguing that the lower court "flouted" precedent when it refused to find that restricting minors' access to personalized feeds violates the First Amendment.
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January 06, 2025
FTC Urges Individuals And Cos. To Exercise Caution With AI
The U.S. Federal Trade Commission on Friday encouraged individuals and companies to exercise caution when it comes to interacting with and deploying so-called artificial intelligence systems and tools, citing the potential for various "real-world instances of harm," including privacy and security risks.
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January 06, 2025
LinkedIn Beats Federal Privacy Claims In Suit Over DMV Info
A California federal judge has again freed LinkedIn from proposed class allegations it violated federal protections on licensed drivers' personal information, saying a LinkedIn user didn't sufficiently allege that her personal information was transmitted to the professional social media company from a Department of Motor Vehicle record.
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January 06, 2025
Google Looks To Toss Big Tech Litigant's Antitrust Claims
Google asked a Florida federal court on Monday to dismiss antitrust claims from web development company Greenflight over the search giant's reverse phone number lookup, saying the newly amended suit does not rectify the pleading problems already pointed out by the court.
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January 06, 2025
FCC Chief Floats Spectrum Sale To Fund Network Security
The outgoing head of the Federal Communications Commission on Monday proposed to quickly get a spectrum auction off the ground with proceeds going toward a key U.S. network security program.
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January 06, 2025
DOD Adds WeChat Owner, CATL To Chinese Military Co. List
The U.S. Department of Defense added dozens of businesses Monday to its list of companies affiliated with the Chinese military, including electric-car battery maker CATL and Tencent Holdings Ltd. — owner of the popular text-messaging app WeChat — prompting Tencent to slam the designation as "clearly a mistake."
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January 06, 2025
T-Mobile's Lax Policies Led To 2021 Data Hack, Wash. AG Says
Washington's attorney general on Monday accused T-Mobile of repeatedly ignoring cyber-threat warnings leading up to a 2021 data breach that exposed sensitive personal data belonging to more than 2 million customers in the state.
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January 06, 2025
KKR Pushes Fuji Soft To Pursue Legal Action Against Bain
Private equity giant KKR called on the board of Fuji Soft on Monday to take legal action against Bain Capital amid a bidding war for the company between the two competing investors, arguing that Bain's unauthorized use of confidential information and breach of its nondisclosure agreement "significantly jeopardizes" the reputation of private equity funds in Japan.
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January 06, 2025
7th Circ. Affirms 'Do Not Call' Liability, But Balks At $28M Fine
The Seventh Circuit vacated a $28.6 million penalty against two sales companies over unwanted telemarketing calls Friday, but upheld a district court ruling that they shared liability, ordering the lower court to reconsider the penalty and whether the companies could pay it.
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January 06, 2025
Girard Sharp Launches Into New Year With New Leadership
San Francisco-based Girard Sharp has kicked off the new year with a major leadership change, announcing Monday that Daniel C. Girard had stepped down as managing partner of the prominent plaintiffs complex litigation boutique he founded in 1995 and that longtime partner Dena C. Sharp was taking the reins.
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January 03, 2025
Feds Fight Trump-Backed Bid For Justices To Stop TikTok Ban
The Biden administration on Friday urged the U.S. Supreme Court to reject a call backed by President-elect Donald Trump to freeze the looming deadline for TikTok to divest from its Chinese parent company or face a nationwide ban, arguing that the video-sharing app's First Amendment claims continue to fall flat.
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January 03, 2025
TikTok's Live Feature 'Groomed' Minors, Utah AG Claims
TikTok has long known that its popular video livestreams encourage sexual content, including streams exploiting and "grooming" minors, according to details in a lawsuit from the state of Utah that were unredacted Friday.
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January 03, 2025
US Sanctions Chinese Tech Co. Over 'Flax Typhoon' Attacks
The U.S. Department of the Treasury's Office of Foreign Assets Control on Friday sanctioned Integrity Technology Group Inc., accusing the Beijing-based software company of being behind malicious cyberattacks targeting critical U.S. infrastructure sectors perpetuated by the prolific Chinese government-sponsored "Flax Typhoon" hacker group.
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January 03, 2025
Pa. Court Says State Can Bar Compromised Voting Machines
Pennsylvania's top election official had the power to rescind Fulton County's permission to use its Dominion electronic voting machines, after county officials allowed third parties to inspect them following the 2020 election, a state appellate court has ruled.
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January 03, 2025
Meta Wants Advertising Monopoly Suit Nixed
Meta said that a group of advertisers accusing the company of monopolizing the social media advertising market have nothing more than its profits to point to in their damages bid, writing in a new summary judgment motion that extensive discovery has only shown how baseless the suit is.
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January 03, 2025
Victims Say Crypto Isn't Money, Safeco Must Cover Hack
A Washington couple is accusing Safeco Insurance Co. of illegally refusing coverage for $600,000 in cryptocurrency stolen by hackers, saying in a complaint removed to Seattle federal court on Thursday that the tokens should be classified as personal property, not money, which has a $250 loss limit on the pair's homeowners' policy.
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January 03, 2025
Orchard Settles 'Criminal Enterprise' Defamation Suit
The former part-owner of a Michigan orchard and the orchard's holding company have settled claims that the ex-partner defamed the company and caused a loss of business by logging into its Google business account and calling it a "criminal enterprise."
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January 02, 2025
Calif. Judge Ices Social Media Addiction Law For 30 Days
A California federal judge Thursday blocked the state from beginning its enforcement of a new law designed to bar online platforms from using algorithms to deliver addictive feeds to children, finding there was "great value" in giving the Ninth Circuit 30 days to consider his decision to largely uphold the measure.
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January 02, 2025
Meta Seeks To Pause Social Media MDL Coverage Fight
Meta has urged a California federal court to find that its insurers cannot yet litigate to attempt to avoid covering thousands of pending lawsuits accusing the social media giant of deliberately designing its platforms to be addictive to adolescents, arguing that the coverage issues overlap with issues in the underlying cases.
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January 02, 2025
'It Ends With Us' Director Sues NYT Over Blake Lively Story
"It Ends With Us" director and actor Justin Baldoni has filed a $250 million defamation lawsuit accusing The New York Times of amplifying co-star Blake Lively's "unverified and self-serving narrative" that he orchestrated a public relations smear campaign in retaliation for sexual harassment complaints.
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January 02, 2025
Epic Tells 9th Circ. Google's Legal 'Reckoning Long Overdue'
Epic Games Inc. has slammed Google's Ninth Circuit appeal of an injunction requiring the tech giant to open up its Android Play Store to rival app distributors, defending the ruling and a jury's liability verdict and arguing that Google's appeal is a meritless attempt to avoid a "reckoning long overdue."
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January 02, 2025
Rep. Jordan Picks Wis. Lawmaker For House Antitrust Panel
Republicans are moving to install a frequent critic of President Joe Biden's Federal Trade Commission at the head of the House of Representatives' antitrust subcommittee, naming Rep. Scott Fitzgerald, R-Wis., to the post Tuesday.
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January 02, 2025
ERISA Can't Shield Packaging Co. From Genetic Privacy Suit
A food packaging company must face a former employee's lawsuit claiming it unlawfully asked about her family medical history, an Illinois federal judge ruled, saying the claims weren't preempted by federal benefits law because it wasn't clear a corporate wellness plan was involved.
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January 02, 2025
Amazon Says FTC Stalling Discovery In Prime Sign-Up Suit
Amazon said the Federal Trade Commission is stonewalling discovery efforts vital to showing that the agency knew a federal law protecting online shoppers from deceptive billing practices was vague, in an enforcement action accusing the e-commerce giant of duping customers onto signing up for Prime subscriptions.
Expert Analysis
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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.
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Changes To Expect From SEC Under Trump Nominee
President-elect Donald Trump's nomination of Paul Atkins for U.S. Securities and Exchange Commission chair will likely lead to significant shifts in the Division of Enforcement's priorities, likely focused on protecting retail investors and the stability of the capital markets, say attorneys at Morrison Foerster.