Cybersecurity & Privacy

  • February 26, 2025

    Google Photos Service Illegally Scans Facial Data, Suit Says

    Google has been sued in Illinois state court by two residents who claim their privacy was violated through Google Photos' collection and retention of face templates, created to compare the similarity of faces in photos for the purposes of grouping them.

  • February 26, 2025

    Banks' Fight Over CFPB Open Banking Rule Put On Pause

    A Kentucky federal judge agreed Tuesday to pause a banking industry challenge to the Consumer Financial Protection Bureau's open banking rule, giving the agency's new leadership time to review what it wants to do with the Biden-era measure.

  • February 25, 2025

    Retailer Pushes To Ax 2,400 Web Tracking Arbitration Claims

    Children's clothing retailer Janie & Jack LLC is attempting to stave off more than 2,400 arbitration claims filed by individuals over the company's allegedly unlawful website tracking practices, telling a California federal court that the website visitors are "weaponizing" an arbitration agreement that doesn't even apply to them. 

  • February 25, 2025

    DC Judge Blocks Trump's Federal Funding Freeze

    A D.C. federal judge on Tuesday issued a preliminary injunction blocking the Trump administration from implementing a federal spending freeze while a group of nonprofits challenge the freeze, calling the measure "ill-conceived from the beginning."

  • February 25, 2025

    Calif. AG Agrees To Strike Part Of Landmark Social Media Law

    California Attorney General Rob Bonta has agreed to abandon a key part of the Golden State's groundbreaking law requiring social media companies to disclose their content moderation policies as part of a settlement with X Corp., according to a stipulation filed in federal court.

  • February 25, 2025

    Ill. Pension Administrator Sued Over Breach Affecting 71K

    An Illinois pension benefits administrator was hit twice Tuesday in federal court with proposed class actions looking to hold the company liable for allegedly failing to protect thousands of individuals' private information from a data breach it waited a year to inform anyone about. 

  • February 25, 2025

    How To Track Trump's Legal Battles

    President Donald Trump has issued a historic number of executive orders and other actions during his first five weeks back in the White House, eliciting more than 80 legal challenges and setting the stage for major courtroom battles over birthright citizenship, presidential power, the federal government's structure and more. Law360 has created a database to keep track of them all.

  • February 25, 2025

    Alex Jones Asks To Maintain Stay On Sandy Hook Payment

    Infowars founder Alex Jones told the Connecticut Appellate Court that he shouldn't be forced to pay the judgment that Sandy Hook families won in their long-running defamation case as he awaits a review by the state's Supreme Court, saying the plaintiffs are wrong that he discarded underlying constitutional arguments.

  • February 25, 2025

    Insurer Says No Coverage For Atty In $1.4M Bank Scam Suit

    An insurer urged a Connecticut federal court to find that it has no duty to defend or indemnify an attorney accused of participating in a scheme to steal $1.4 million from a New Jersey-based development company, saying the underlying allegations don't trigger the attorney's homeowners policy.

  • February 25, 2025

    Meta Says 9th Circ. Shouldn't Touch Antitrust Cert. Denial

    The Ninth Circuit should refuse to take up the appeal of a proposed class that was denied certification due to its novel theory that Meta Platforms Inc. would have been forced to pay users for the use of their data if it hadn't lied about how it was using it, the social media behemoth has told the court.

  • February 25, 2025

    SEC Reaffirms Defense Of Market Surveillance Tool

    The U.S. Securities and Exchange Commission has said it is not done defending the existence of a controversial market surveillance tool despite the agency's recent curtailment of the types of information it collects.

  • February 25, 2025

    Ex-Privacy Board Members Sue Trump Over Firings

    Two Democrats who had served on Congress' privacy watchdog over the executive branch's counterterrorism policies are suing the Trump administration, claiming they were illegally fired from the nonpartisan board to deny it a quorum and end its oversight.

  • February 25, 2025

    Elon Musk Hid True Nature Of PAC's $1M Giveaway, Atty Says

    An attorney and Michigan resident said Elon Musk misled the public about his $1 million election giveaway because he failed to disclose that winners were picked based on their conservative political views and other hidden criteria, telling a federal judge on Monday not to toss their suit.

  • February 25, 2025

    Customers Say Doxim Breach Exposed Bank Data To Hackers

    Credit union customers claim a data breach at software-as-a-service company Doxim Inc. caused their valuable personal information to be available for sale on the dark web and that they've spent time and money mitigating fraud risk, arguing Monday they have demonstrated sufficient harm to support their class action.

  • February 25, 2025

    FTC Pick Concerned But Won't 'Prejudge' Censorship Claims

    Kressin Meador Powers LLC partner Mark Meador walked a fine line during his confirmation hearing Tuesday when asked for his views on GOP claims of censorship on online platforms, expressing an "overarching concern" about content moderation practices while nevertheless asserting he'll keep an open mind on specific allegations if confirmed as the Federal Trade Commission's newest Republican member.

  • February 25, 2025

    Referral Co. Barred From $5.54B Swipe Fee MDL Settlement

    A New York federal judge has blocked a referral partner of a claims filing service from any role in the $5.54 billion settlement of long-running multidistrict litigation accusing Visa and Mastercard of charging improper merchant fees, after the referral partner allegedly improperly used class member information to submit claims.

  • February 25, 2025

    FCC Hires US House Lawyer As Regulator's Deputy GC

    The Federal Communications Commission on Tuesday named a top lawyer from the legislative branch as the agency's new deputy general counsel for litigation.

  • February 24, 2025

    9th Circ. Axes Fee Award In California Pizza Kitchen Hack Deal

    The Ninth Circuit on Monday scrapped an attorney fee award of $800,000 given to class counsel as part of a deal resolving data breach litigation against California Pizza Kitchen, finding that the lower court had failed to properly compare the "actual value" of the settlement — which the panel put around $950,000 — to the requested fees.

  • February 24, 2025

    Lloyd's Says Cadwalader's Suit Claims Nonexistent Tort

    A Lloyd's of London syndicate has urged a North Carolina judge to toss part of Cadwalader Wickersham & Taft LLP's coverage lawsuit stemming from a data breach, saying there's no tort remedy for the allegation that the insurer exposed the firm's confidential information in a court filing.

  • February 24, 2025

    Md. Judge Blocks DOGE Access To Education, OPM Data

    A Maryland federal judge on Monday prohibited the U.S. Department of Education and the Office of Personnel Management from continuing to share with Elon Musk's Department of Government Efficiency the sensitive information of federal employees and student aid recipients, saying the agencies likely have violated federal privacy law.

  • February 24, 2025

    DraftKings Rips 'Flawed' Privacy Suit Over Meta Tracking Pixel

    DraftKings Inc. wants a New York federal judge to toss a "fundamentally flawed" suit that accuses the company of disclosing customer information to third parties for targeted advertising, arguing the plaintiff is attempting to expand the Video Privacy Protection Act beyond its intended purpose.

  • February 24, 2025

    NinjaOne Valued At $5B After $500M Series C Funding

    Automated endpoint management company NinjaOne on Monday revealed that it hit a $5 billion valuation after raising $500 million in Series C extension funds, which will be used to drive research and development efforts among other goals.

  • February 24, 2025

    Caplin & Drysdale Hires High-Profile Gov't Investigations Atty

    Caplin & Drysdale LLP has hired out of retirement the former U.S. Department of Justice counterintelligence chief who investigated Hillary Clinton's use of a private email server for classified information, Russian interference in the 2016 election and other high-profile investigations, the firm announced Wednesday.

  • February 24, 2025

    Supreme Court Skips Fee-Shifting, IP Web Scraping Questions

    The U.S. Supreme Court on Monday rejected petitions involving fee-shifting in copyright cases, whether judges or juries should decide what can be copyrighted, and if scraping public information online should be considered hacking under the Defend Trade Secrets Act when it is done by a computer.

  • February 24, 2025

    Paul Hastings Adds Boston Co-Chair For New Tech Practice

    The former global vice chair of Latham & Watkins LLP's data and technology transactions practice has moved to Paul Hastings LLP as co-chair of its newly established technology transactions practice, the latter firm announced Monday.

Expert Analysis

  • Student Loan Entities In Hot Seat After CFPB Goes To College

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    While the direction of student loan servicer oversight in the new presidential administration is unclear, recent Consumer Financial Protection Bureau actions still signal heightened regulatory scrutiny at both the federal and state levels of college institutional loan programs, along with their service providers, says attorney Jonathan Joshua.

  • Rethinking Litigation Risk And What It Really Means To Win

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    Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.

  • How DOGE's Bite Can Live Up To Its Bark

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    All signs suggest that the Department of Government Efficiency will be an important part of the new Trump administration, with ample tools at its disposal to effectuate change, particularly with an attentive Republican-controlled Congress, say attorneys at K&L Gates.

  • 2024 Was A Significant Year For HIPAA Compliance

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    The Office of Civil Rights' high level of Health Insurance Portability and Accountability Act activity in 2024 and press releases about its specific focus on certain cybersecurity issues make it abundantly clear that the OCR is not going to tolerate widespread compliance complacency, says Nathan Kottkamp at Williams Mullen.

  • Small Biz Caught In Corporate Transparency Act Crossfire

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    Despite compliance being put on hold due to a nationwide preliminary injunction, small businesses have been caught in the middle of the legal battle over the Corporate Transparency Act — and confusion over the law's requirements could result in major penalties, say attorneys at Snell & Wilmer.

  • 5 Notable Information Security Events In 2024

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    B. Stephanie Siegmann at Hinckley Allen discusses 2024's largest and most destructive data breaches seen yet, ranging from ransomware disrupting U.S. healthcare systems on a massive scale, to tensions increasing between the U.S. and China over cyberespionage and the control of U.S. data.

  • Series

    Playing Rugby Makes Me A Better Lawyer

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    My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.

  • Looking Back At 2024's Noteworthy State AG Litigation

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    State attorneys general across the U.S. took bold steps in 2024 to address unlawful activities by corporations in several areas, including privacy and data security, financial transparency, children's internet safety, and other overall consumer protection claims, say attorneys at Troutman Pepper.

  • What Broker-Dealers Must Know Before Selling Bitcoin ETPs

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    Interest in bitcoin exchange-traded products is already high, and only expected to grow in light of the incoming Trump administration's pro-crypto stance, but broker-dealers must still consider numerous regulatory requirements before recommending a bitcoin ETP to a client, say Frank Weigand and Justine Woods at Cahill Gordon.

  • Cyber Disclosure Is A Mainstay In 2025 SEC Exam Priorities

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    Despite a new administration and a new U.S. Securities and Exchange Commission chair incoming, the SEC's 2025 examination priorities signal that cybersecurity disclosures and risk management practices will remain important due to the growing threat of cyberattacks, says Anjali Das at Wilson Elser.

  • Reviewing 2024's Evolving EdTech Privacy Regulations

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    Lawmakers are trying to keep up with the privacy and security risks of the increasingly prevalent education technology, with last year's developments including the Federal Trade Commission's proposed amendments to the Children's Online Privacy Protection Act, and the U.S. Senate passing two new children's privacy acts, say attorneys at McDermott.

  • Opinion

    No, Litigation Funders Are Not 'Fleeing' The District Of Del.

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    A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.

  • Series

    Calif. Banking Brief: All The Notable Legal Updates In Q4

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    Douglas Thompson at Snell & Wilmer highlights a number of recent and pending issues, actions and potentially pivotal federal regulatory and legislative developments on deck that will affect California banks and financial institutions.

  • 5 E-Discovery Predictions For 2025 And Beyond

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    In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.

  • What's Ahead As Transparency Act Comes To A Crossroads

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    Synthesizing the contrasting federal district and appellate court rulings on the Corporate Transparency Act’s validity reveals several main areas of debate that will likely remain at issue as challenges to the law continue winding through the courts, say attorneys at Farella Braun.

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