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Cybersecurity & Privacy
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October 29, 2025
Visa Must Face Cardholders' Antitrust Claims, Judge Says
A New York federal judge has trimmed two antitrust suits against Visa Inc. over its use of exclusive contracts in the U.S. debit card market, axing certain state law and damages claims but also finding that the consumer plaintiffs plausibly alleged the company's conduct suppressed competition.
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October 29, 2025
NY's Allstate Data Breach Case Sent Back To State Court
A New York federal judge has sent a data breach lawsuit against an Allstate Insurance Co. unit back to state court, ruling that he lacks subject matter jurisdiction in the suit because the causes of action in the litigation are not created by federal law.
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October 29, 2025
Link Motion Chair Can't Get Investor's Final Claim Clipped
A New York federal judge agreed Wednesday to cut certain fraud claims by a Link Motion investor against the chair of the China-based software company, while allowing others to proceed over the chair's objections.
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October 29, 2025
NBA Subscribers Can't Block Arbitration In Video Privacy Row
A New York federal judge has sent to arbitration a putative class action accusing the National Basketball Association's marketing arm of illegally sharing information about League Pass subscribers' video-viewing activities with third parties, finding that the plaintiffs had "sufficient notice" of the mandatory pre-dispute resolution process outlined in their subscription terms.
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October 29, 2025
CFPB's Biden-Era Open Banking Rule Put On Hold
A Kentucky federal judge on Wednesday barred the Consumer Financial Protection Bureau from enforcing its open banking rule until the regulator completes its reconsideration of the controversial data-sharing mandate.
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October 29, 2025
TransUnion Sued By Trafficking Victim Over Credit Reports
An anonymous Georgia resident filed a lawsuit against TransUnion LLC on Wednesday, alleging the credit reporting agency violated the Fair Credit Reporting Act by failing to block and remove negative credit information tied to human trafficking.
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October 29, 2025
Union Pacific Gets OK To Challenge BIPA Exemption Denial
An Illinois federal judge gave Union Pacific the green light on Tuesday to ask the Seventh Circuit to determine mid-case whether he correctly held the Biometric Information Privacy Act's government contractor exemption applies only when a violation occurs within the scope of a government contract.
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October 29, 2025
NYC Sued Over 'Voyeuristic' Police Surveillance System
A Brooklyn couple has filed a federal lawsuit alleging New York City uses a "voyeuristic" police surveillance system on all visitors and residents, which includes two police cameras that are aimed at the couple's bedroom and living room windows.
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October 29, 2025
OpenAI Co-Founder Dodges Musk Contempt Bid, For Now
A California federal magistrate judge refused Wednesday to let Elon Musk tee up contempt proceedings against an OpenAI co-founder for limiting what he'd say in a court-ordered second deposition and imposing conditions on a key document in the California federal court lawsuit challenging the ChatGPT maker's transition to a for-profit structure.
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October 29, 2025
FCC Looks To Reverse Dems' Telecom Cybersecurity Ruling
The Federal Communications Commission plans to vote next month on whether to reverse a ruling made late in the Biden administration that added a host of new cybersecurity requirements on telecoms in the wake of the Salt Typhoon cyberattack.
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October 29, 2025
Google, Epic Can't Delay Play Store Injunction Any Longer
A California federal judge has refused to push back Wednesday's deadline for Google to begin complying with a three-year injunction requiring it to open up its Play Store to competition, denying the Google and Epic Games' joint rescheduling request following the U.S. Supreme Court's recent denial of Google's bid to stay the injunction.
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October 29, 2025
Ex-Software Co. Exec Cops To Selling Trade Secrets To Russia
A former manager of a software firm that contracts with the U.S. government pled guilty Wednesday to stealing trade secrets and selling them to a broker that advertises itself as counting the Russian government as a customer.
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October 29, 2025
Sens. Introduce Bill To Block AI Chatbots From Minors
A bipartisan group of senators has introduced a bill that would regulate the use of artificial intelligence chatbots and companions by minors, levying fines of up to $100,000 against companies that violate the bill's terms.
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October 29, 2025
Publix Heiress Asks To Quash IRS Summons For Bank Info
An heiress to the Publix grocery store chain asked a Florida federal court to quash an IRS summons seeking her bank information on behalf of Italian tax officials, arguing that the agency's request flouts the Italy-U.S. tax treaty.
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October 29, 2025
Coupon Company Seeks To Halt Class Discovery In TCPA Suit
A coupon book company told a North Carolina federal court Tuesday that a putative class action against it over telemarketing texts will ultimately fail because the North Carolinian who sued signed up for the messages at issue.
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October 29, 2025
FCC's New Submarine Cable Rules Take Effect In Nov.
New rules covering licensing for submarine telecom cables will take effect Nov. 26, the Federal Communications Commission said.
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October 28, 2025
CVS, Ad Partner Can't Shake Suit Over User Data Tracking
A California federal judge has refused to release CVS Pharmacy Inc. and a marketing partner from a putative class action accusing them of illegally intercepting personal health information from those who visited the retail chain's website, finding that the plaintiff had sufficiently alleged the disclosure of sensitive information and that consumers' loss of control of this data caused concrete harm.
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October 28, 2025
Treasury Urged To Embrace Tech In Crypto Compliance Push
Cryptocurrency advocates and bank trade groups both urged the U.S. Department of the Treasury to issue guidance that will enable them to use novel technologies to keep up with illicit finance threats in digital asset markets, although banks cautioned the regulator to keep institutions and crypto upstarts on equal footing when it comes to burdens to fight money laundering.
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October 28, 2025
Judge Blasts 'Messy' Bid To Halt DHS Voter System Changes
A D.C. federal judge Tuesday torched emergency filings seeking to reverse recent changes to the U.S. Department of Homeland Security's Systematic Alien Verification for Entitlements system, calling the documents "difficult to understand" and "messy," and signaling that she likely won't grant an emergency injunction ahead of state elections next week.
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October 28, 2025
7th Circ. Skeptical Of Samsung Users' BIPA Suit Revival Bid
The Seventh Circuit seemed doubtful Tuesday that it should revive a biometric privacy suit from Samsung phone and tablet users, saying they seemed not to have pled enough to demonstrate the company ever collected or possessed their geometric facial data.
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October 28, 2025
Snap Cuts $65M Deal To End Investor Suit Over Privacy Tools
Snapchat investors urged a California federal judge on Monday to preliminarily approve a $65 million settlement to resolve a proposed securities class action that was recently revived by the Ninth Circuit alleging the social media company downplayed the negative impact Apple's 2021 privacy changes would have on its advertising business.
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October 28, 2025
NCLA Appeals SEC's FOIA Victory In Breach Case
The New Civil Liberties Alliance asked the D.C. Circuit on Tuesday to review a lower court ruling that it could not access all the documents it sought to obtain from the U.S. Securities and Exchange Commission following an internal information breach at the agency.
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October 28, 2025
Ebix Wants Ex-CEO's Revenge Porn Blackmail Suit Tossed
Georgia-based software firm Ebix Inc. asked a federal judge to dismiss a lawsuit filed against it by its ousted former CEO, who alleged the company's director tried to blackmail him into dropping a suit over his severance pay by threatening to release "intimate images" of him and his wife.
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October 28, 2025
Va. Justices Urged To Restore Record $2B Trade Secrets Win
A software company fighting to regain a $2 billion trade secrets award urged the Virginia Supreme Court on Tuesday to affirm the verdict, arguing that an appellate court was wrong to disturb the conclusions from jurors and the trial judge.
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October 27, 2025
MIT Bros Go After 'Sandwichers' In $25M Crypto Heist Trial
The CEO of Savannah Technologies on Monday took the witness stand in the trial of two MIT-educated brothers accused of stealing $25 million from the Israeli cryptocurrency trading firm and others, and quarreled with defense counsel over the appropriateness of the company's use of a controversial strategy known as sandwich trading.
Expert Analysis
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NFL Draft Incident Offers Remote Work Data Security Lessons
A recent incident in which an NFL coach's son prank called a potential draft pick after accessing confidential information on his father's computer serves as a wake-up call for organizations to analyze their protocols and practices related to protecting confidential information during remote work, say attorneys at Paul Hastings.
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ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'
The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.
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A Look At Trump Admin's Shifting Strategies To Curtail CFPB
The Trump administration has so far carried out its goal of minimizing the Consumer Financial Protection Bureau's authority and footprint via an individualized approach comprising rule rollbacks, litigation moves and administrative tools, say attorneys at Holland & Knight.
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Evading DOJ Crosshairs As Data Security Open Season Starts
As the U.S. Department of Justice begins enforcing its new data security program — aimed at preventing foreign adversaries from accessing government-related and personal sensitive data — U.S. companies will need to understand the program’s contours and potential pitfalls to avoid potential civil liability or criminal scrutiny, say attorneys at Cohen & Gresser.
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How Trump's Trade Policies Are Shaping Foreign Investment
Five months into the Trump administration, investors are beginning to see the concrete effects of the president’s America First Investment Policy as it presents new opportunities for clearing transactions more quickly, while sustaining risk aversion related to Chinese trade and potentially creating different political risks, say attorneys at Covington.
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How To Balance AI Adoption With Employee Privacy Risks
Excerpt from Practical Guidance
As artificial intelligence transforms the workplace, organizations must learn to leverage AI's capabilities while safeguarding against employee privacy risks and complying with a complex web of regulations, including by vetting vendors, mitigating employee misuse and establishing a governance framework, say attorneys at Jackson Lewis.
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Tesla's Robotaxi Push Exposes Gaps In Product Liability Law
As Tesla's deployment of robotaxis on public roads in Austin, Texas, faces regulatory scrutiny and legislative pushback, the legal community confronts an unprecedented challenge: how to apply traditional fault principles, product liability laws and insurance practices to vehicles that operate as rolling computers, says Don Fountain at Clark Fountain.
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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4 Consumer Class Action Trends To Watch In 2nd Half Of 2025
The first half of 2025 has seen a surge of consumer class action trends related to online tools, websites and marketing messages, creating a new legal risk landscape for companies of all sizes, says Scott Shaffer at Olshan Frome.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.
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3 Cautionary Tales For Cos. Using Facial Recognition Tech
Whether a business intends to develop its own facial recognition applications or contract with another company to use such services, three recent case studies should be kept in mind to help lower the risk of litigation or regulatory enforcement, says Adam Nyenhuis at Hilgers Graben.
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Series
Law School's Missed Lessons: Communicating With Clients
Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.
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3 Judicial Approaches To Applying Loper Bright, 1 Year Later
In the year since the U.S. Supreme Court overturned Chevron deference in its Loper Bright Enterprises v. Raimondo decision, a few patterns have emerged in lower courts’ application of the precedent to determine whether agency actions are lawful, say attorneys at Husch Blackwell.
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What Businesses Need To Know To Avoid VPPA Class Actions
Divergent rulings by the Second, Sixth and Seventh Circuits about the scope of the Video Privacy Protection Act have highlighted the difficulty of applying a statute conceived to regulate the now-obsolete brick-and-mortar video store sector in today's internet economy, say attorneys at DTO Law.
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Prepping For SEC's Changing Life Sciences Enforcement
By proactively addressing several risk areas, companies in the life sciences sector can position themselves to minimize potential exposure under the U.S. Securities and Exchange Commission's return to back-to-basics enforcement focused on insider trading and fraud, say attorneys at Morgan Lewis.