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Cybersecurity & Privacy
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October 20, 2025
OpenAI Says It Owes Musk Nothing In For-Profit Move
OpenAI and Microsoft have asked a California federal court to avoid trial on claims that OpenAI duped Elon Musk into donating $45 million with false promises of remaining a nonprofit, arguing no such promises were made and that the billionaire's money came without strings or control.
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October 20, 2025
'A Total Mess': Judge Slams Calif. Privacy Law's Ambiguity
California's Invasion of Privacy Act "is a total mess" that routinely requires courts to make "borderline impossible" decisions about how to apply the law's language to new technologies, a San Francisco federal judge commented in an order Friday, pleading for state lawmakers to bring the law into the 21st century.
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October 20, 2025
Meta Faces Massive Cut To $167M Win Over WhatsApp Hack
A California federal judge said Friday that WhatsApp parent Meta must either accept a cut of its $167.25 million punitive damages win against spyware-maker NSO Group to $4 million or go to trial again over the proper amount of damages, concluding that the amount awarded by a jury was "excessive."
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October 20, 2025
Feds Warned Again Not To Search Immigration Atty's Phone
A Massachusetts federal judge on Monday again told the government it cannot look at data pulled off an immigration lawyer's phone that it seized at Logan International Airport last month, as the court weighs his request for an order to destroy the information.
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October 20, 2025
Fla. High Court Steps Up Cybersecurity Efforts
The Florida Supreme Court on Thursday issued new cybersecurity standards across the state's court system, including the establishment of a committee that will oversee governance of the policy in the judicial branch.
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October 20, 2025
Conn. Firm, Former Client End Cybersecurity Dispute
A Connecticut personal injury firm and its former client have reached a joint stipulation of dismissal in a federal court dispute over the firm's hacked email system and a fraudulent email that resulted in the wiring of nearly $730,000 in closing costs on a residential property.
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October 20, 2025
Wiley Hires Former FBI, Mandiant, Google Cloud Leader In DC
Wiley Rein LLP has hired a former senior cybersecurity executive from Google who also worked on cyber and national security issues with the FBI, the firm announced Monday.
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October 17, 2025
Quant Trader Tells Jury Of MIT Grads' $25M Crypto Ruse Plan
A quantitative trader and former employee of two MIT-educated crypto entrepreneurs Friday told a Manhattan federal jury of how they planned months in advance to leverage a software glitch to obtain $25 million at the expense of other crypto traders on the Ethereum blockchain.
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October 17, 2025
Audible Users Blocked From Using Calif. Law In Privacy Row
A pair of Audible customers can't sustain claims that the audiobook provider violated California's wiretap law on allegations it shared their browsing and listening activities with Meta Platforms Inc. because they agreed to litigate any disputes under Washington law when they signed up for the service, a federal judge in Seattle held in tossing the proposed class action for now.
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October 17, 2025
Texas Youth Join Big Tech In Challenging New App Store Law
Advocacy group Students Engaged in Advancing Texas has joined tech industry giants in challenging the Lone Star State's new law requiring app store owners to verify users' ages and block minors from downloads and purchases without parental consent, arguing the measure illegally imposes restrictions on protected speech and information.
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October 17, 2025
Texas Appeals Court Revives Yelp Abortion Notice Suit
The statewide Texas appeals court revived Texas' claims that Yelp misled customers about crisis pregnancy centers' limited services, finding that a lower court got it wrong by tossing the suit for lack of personal jurisdiction.
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October 17, 2025
John Hancock, UBS Settle $600K Data Breach Class Action
UBS Financial Services Inc., John Hancock Investment Management LLC and their marketing vendor DG3 North America Inc. have gotten a final nod for their $600,000 deal ending customer claims stemming from a DG3 data breach.
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October 17, 2025
Mich. College Must Face Meta Pixel Tracking Class Action
A Michigan federal judge on Friday refused to dismiss a proposed class action claiming a private liberal arts college used an automated tracker and disclosed to Meta the watch history of visitors who accessed online lectures.
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October 17, 2025
NJ Parents Keep Fighting State Over Storage Of Babies' DNA
Across the U.S., health departments draw small blood samples from newborns' heels to test for metabolic and genetic disorders. After a new mother discovered that New Jersey police had used DNA extracted from such samples in criminal investigations, she signed on as plaintiff in a suit that says parents have a right to refuse these blood draws.
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October 17, 2025
Plasma Co. Worker Exams Shirk Genetic Privacy, Suit Says
A global plasma collection company violated Illinois' genetic privacy law by asking job applicants for their family medical histories in preemployment physical exams, a former worker told a federal court in a proposed class action alleging the company used the information to guide employment decisions.
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October 17, 2025
Federal Courts To Scale Back Operations Amid Shutdown
The federal court system has run out of money and will scale back operations beginning Monday as a result of the ongoing government shutdown, possibly leading to case delays.
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October 17, 2025
Industry Calls On Policymakers To Tackle Telecom Vandalism
Growing theft and vandalism of telecom lines can trigger not only immediate costs, but broader economic and social ripple effects from network shutdowns, a wireless infrastructure group warned in a pair of new reports issued to support the group's call for stepped-up law enforcement.
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October 16, 2025
Unions Challenge Feds' AI Surveillance Of Noncitizens' Views
Three labor unions sued the Trump administration in New York federal court Thursday to stop a surveillance program they allege scours online activity for viewpoints the administration doesn't like and leverages the threat of immigration enforcement to coerce silence.
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October 16, 2025
Tech Group Aims To Ax Texas' App Store Age Verification Law
A new Texas law that requires app store owners to verify users' ages and block minors from downloading apps or making in-app purchases without parental consent unconstitutionally imposes a "broad censorship regime" on the entire mobile app ecosystem, a tech industry trade group argued in a lawsuit Thursday seeking to strike down the measure.
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October 16, 2025
Privacy Compliance Needs 'Kindergarten Rules,' Atty Says
Panelists at a Los Angeles conference on the intersection of technology and entertainment tackled the issue of privacy and data laws Thursday, with one participant telling the crowd that helping clients avoid legal entanglements in those areas involves applying "kindergarten rules."
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October 16, 2025
Fans Drop Biometric Privacy Suit Against Chicago Cubs
Baseball game attendees who accused the Chicago Cubs of collecting, without consent, the biometric data of millions of fans at Wrigley Field have agreed to drop their proposed class action claims against the team and others.
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October 16, 2025
Justices Told Presidential Firing Limits Rely On 'Soured' Logic
President Donald Trump and a cadre of supporters have urged the U.S. Supreme Court to wipe out what remains of a 90-year-old ruling that empowers Congress to prohibit the president from firing certain agency officials at will, arguing the decision was flawed when originally issued and is now well past its prime.
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October 16, 2025
Macy's, Discount Tire Co. Hit With Wash. Anti-Spam Suits
Macy's and Discount Tire Co. are the latest businesses targeted by a wave of proposed class actions in which consumers claim the companies broke a Washington state law outlawing commercial emails with false or misleading subject lines.
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October 16, 2025
NetChoice Fights Colo. 'Cigarette-Style' Social Media Law
A lawyer for an internet trade association urged a federal judge Thursday to block a Colorado law set to take effect next year, comparing its requirement for social media platforms to display warnings for minors to the mandated warning labels on tobacco products.
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October 16, 2025
USDA Can't Curb SNAP Benefits As States Fight Data Demand
A California federal judge on Wednesday preliminarily blocked the U.S. Department of Agriculture from withholding potentially billions of dollars in Supplemental Nutrition Assistance Program benefit funds from states that refuse to turn over highly sensitive personal information on millions of SNAP food assistance benefit recipients.
Expert Analysis
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Series
Writing Musicals Makes Me A Better Lawyer
My experiences with writing musicals and practicing law have shown that the building blocks for both endeavors are one and the same, because drama is necessary for the law to exist, says Addison O’Donnell at LOIS Law.
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3 Circuits Breathe Life Into Privacy Enforcement, For Now
With the Second Circuit's recent decision in Verizon v. Federal Communications Commission, three courts of appeals have weighed in on all four record-breaking fines imposed, showing that — at least for now — the FCC continues to have broad authority to set and enforce privacy rules outside of the Fifth Circuit, say attorneys at HWG.
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Series
Adapting To Private Practice: From Va. AUSA To Mid-Law
Returning to the firm where I began my career after seven years as an assistant U.S. attorney in Virginia has been complex, nuanced and rewarding, and I’ve learned that the pursuit of justice remains the constant, even as the mindset and client change, says Kristin Johnson at Woods Rogers.
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Transmission Security Has A Critical Role In Healthcare
In light of the U.S. Department of Health and Human Services' Office of Civil Rights' continuing enforcement initiative focusing on businesses' accurate and thorough security risk assessments under the Health Insurance Portability and Accountability Act, covered entities should not neglect the importance of transmission security, says John Howard at Clark Hill.
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7 Document Review Concepts New Attorneys Need To Know
For new associates joining firms this fall, stepping into the world of e-discovery can feel like learning a new language, but understanding a handful of fundamentals — from coding layouts to metadata — can help attorneys become fluent in document review, says Ann Motl at Bowman and Brooke.
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Agentic AI Puts A New Twist On Attorney Ethics Obligations
As lawyers increasingly use autonomous artificial intelligence agents, disciplinary authorities must decide whether attorney responsibility for an AI-caused legal ethics violation is personal or supervisory, and firms must enact strong policies regarding agentic AI use and supervision, says Grace Wynn at HWG.
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Cos. Face EU, US Regulatory Tension On Many Fronts
When the European Union sets stringent standards, companies seeking to operate in the international marketplace must conform to them, or else concede opportunities — but with the current U.S. administration pushing hard to roll back regulations, global companies face an increasing tension over which standards to follow, say attorneys at Baker McKenzie.
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Series
Being A Professional Wrestler Makes Me A Better Lawyer
Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.
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Restored Charging Project Funds Revive Hope For EV Market
While 2025 began with a host of government actions that prompted some to predict the demise of the U.S. electric vehicle market, the Trump administration's recent restoration of federal funding for EV charging infrastructure under new terms presents market participants with reason for optimism, says Levi McAllister at Morgan Lewis.
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Series
Law School's Missed Lessons: Adapting To The Age Of AI
Though law school may not have specifically taught us how to use generative artificial intelligence to help with our daily legal tasks, it did provide us the mental building blocks necessary for adapting to this new technology — and the judgment to discern what shouldn’t be automated, says Pamela Dorian at Cozen O'Connor.
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Ch. 11 Ruling Voiding $2M Litigation Funding Sends A Warning
A recent Texas bankruptcy court decision that a postconfirmation litigation trust has no obligations to repay a completely drawn down $2 million litigation funding agreement serves as a warning for estate administrators and funders to properly disclose the intended financing, say attorneys at Kleinberg Kaplan.
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DOJ's Novel Cybersecurity FCA Case Is A Warning To Medtech
The U.S. Department of Justice's recent False Claims Act settlement with Illumina over alleged cybersecurity deficiencies suggests that enforcement agencies and whistleblowers are focusing attention toward cybersecurity in life sciences and medical tech, but also reveals key unanswered questions about the legal viability of such allegations, say attorneys at Morgan Lewis.
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Demystifying The Civil Procedure Rules Amendment Process
Every year, an advisory committee receives dozens of proposals to amend the Federal Rules of Civil Procedure, most of which are never adopted — but a few pointers can help maximize the likelihood that an amendment will be adopted, says Josh Gardner at DLA Piper.
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How The 5th, DC Circuits Agreed On FCC Forfeiture Orders
The Fifth and D.C. Circuits split this year on the Federal Communications Commission's process for adjudicating enforcement actions, but both implicitly recognized the problem with penalizing a party based on a forfeiture order that has not yet been challenged in any way in court, says Jared Marx at HWG.
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State Crypto Regs Diverge As Federal Framework Dawns
Following the Genius Act's passage, states like California, New York and Wyoming are racing to set new standards for crypto governance, creating both opportunity and risk for digital asset firms as innovation flourishes in some jurisdictions while costly friction emerges in others, say attorneys at Sheppard Mullin.