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Cybersecurity & Privacy
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August 19, 2025
Airbnb Guests Oppose Arbitration Of Secret Recording Claims
Six women who claim they were secretly filmed during an "all-girls stay" at a Palm Springs, California, Airbnb are opposing the company's bid to push their claims into arbitration, telling a state court that federal law explicitly prohibits anyone from forcing a sexual misconduct claim into arbitration.
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August 19, 2025
NJ Panel Upholds Use Of Phone Passcode Seen By Police
A man sentenced to 60 years in prison after kidnapping and sexually assaulting another man can be resentenced due to recent precedent concerning persistent offenders, but can't suppress evidence gained after police saw his cellphone passcode and used it to read his texts, a New Jersey appellate panel ruled Tuesday.
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August 19, 2025
Credit Union Seeks Coverage For ITM Hack, Fraud Schemes
An insurer owes nearly $715,000 for two separate losses a credit union incurred after a crime ring hacked a number of its interactive teller machines and a counterfeit check fraud scheme affected multiple account holders, the credit union said in a lawsuit removed to Delaware federal court.
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August 19, 2025
Chicago Suburb Sued Over Medical History Probes
The city of Evanston, Illinois, was hit with a state court lawsuit by job applicants who allege its questions about their family medical histories violated an Illinois law barring employers from asking about genetic information and using it to make employment decisions.
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August 19, 2025
Mich. AG Fights Roku's Bid To Dismiss Data Privacy Claims
Michigan's attorney general told a federal judge she has standing to sue Roku Inc. on behalf of the state's residents and children because of the state's interest in combating data privacy violations, urging the court to reject the streaming platform's bid to shake video and personal privacy claims.
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August 19, 2025
Pa. Justices OK Lower Court's Test For When Posts Are Public
A split Pennsylvania Supreme Court endorsed a lower court's proposed test for whether an elected official's personal social media messages are subject to the state's open records law, with the majority agreeing the posts should only be considered public if they have the "trappings" of a government record.
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August 19, 2025
$150K Settlement Approved In Cohen Cleary Data Breach
A federal judge in Massachusetts filed an order last week granting final approval of a $150,000 settlement between law firm Cohen Cleary PC and a class of more than 12,000 former clients who sought relief after a 2022 cyberattack on the firm's computer systems.
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August 18, 2025
Meta Faces Senate Probe Over AI Chatbots' Talks With Kids
Republican Sen. Josh Hawley of Missouri has launched an investigation into how artificial intelligence-fueled chatbots being deployed by Meta interact with children, following reports that the social media giant internally approved rules that would enable these products to engage "romantic" and "sensual" exchanges with minors.
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August 18, 2025
NetChoice Expert Cut From La. Suit Amid AI Fabrication Claims
Tech trade group NetChoice confirmed Monday it's dropping an expert witness who filed a "misattributed" report in its lawsuit challenging a new Louisiana law that would restrict minors' access to social media, after the state's attorney general alleged the declaration contained "AI-fabricated quotations and citations."
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August 18, 2025
PepsiCo Lied About Disabling Website Cookies, Suit Says
PepsiCo Inc. and its Frito-Lay North America Inc. unit are letting third parties like Google and Facebook track browsing activities and collect the information of consumers who visit the food companies' websites, despite consumers selecting "no" to unnecessary cookies, a proposed class action in California federal court alleges.
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August 18, 2025
Catching Up With Delaware's Chancery Court
Executives and board members of Cencora Corp. tentatively settled a stockholder derivative suit for $111.25 million, VectoIQ board members reached a $6.3 million deal on stockholder claims over electric carmaker Nikola's prospects, and class attorneys who secured a $50 million derivative suit settlement saw their proposed 25% attorney fee cut by almost half. Here's the latest from the Delaware Chancery Court.
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August 18, 2025
Texas Investigates Meta Over AI Mental Health Services
The Texas attorney general said his office will investigate Meta AI Studio and Character.AI on allegations they are misleading consumers into thinking their chatbots are mental health tools, according to an announcement issued Monday, which also suggested the companies' activities may violate the state's privacy laws.
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August 18, 2025
IRS Sharing Tax Info With ICE Amid Legal Challenge
The Internal Revenue Service has begun sharing taxpayer return information with U.S. Immigration and Customs Enforcement, the government told a D.C. federal court, revising the tax agency's previous stance that it had not received or responded to any such requests.
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August 18, 2025
Insurer, Kennel Settle Coverage Dispute Over Nuisance Claims
A Hanover unit and a dog kennel have resolved a dispute over coverage for an underlying suit alleging that the kennel's expansion interfered with a Golden State community's rights of possession, according to a California federal court filing.
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August 18, 2025
LabMD Fights Dinsmore's Bid To Toss Malpractice Suit
Now-shuttered LabMD Inc. and its CEO are pushing back against a bid from Dinsmore & Shohl LLP and a legal nonprofit to have a malpractice suit in Georgia federal court tossed, saying they haven't abandoned the case but rather were delayed in pursuing arbitration because they were searching for "competent counsel."
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August 18, 2025
Whiteford Taylor Must Face Wire Fraud Malpractice Suit
A Maryland federal judge has declined to toss the majority of a malpractice and gross negligence suit brought by the founder of a construction company who accused his former business partners and their shared counsel of being partially to blame for hackers stealing his $4 million share of proceeds from the sale of their business.
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August 15, 2025
Feds Say $2.8M In Seized Crypto Linked To Ransomware Ploy
Federal prosecutors say they've seized $2.8 million in crypto from accounts controlled by an alleged ransomware attacker.
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August 15, 2025
Lee Subscribers Get Final OK For $9.5M Video Privacy Deal
An Iowa federal judge has given final approval to a $9.5 million deal to resolve a proposed class action accusing media company Lee Enterprises of illegally disclosing subscribers' video-viewing information to Meta, finding the agreement adequately addresses risks that both sides would have if litigation were to continue.
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August 15, 2025
DC Circ. Says $92M Sprint, T-Mobile Privacy Fine Is Here To Stay
The D.C. Circuit said no way Friday to knocking out $92 million in fines that T-Mobile and Sprint were slapped with for selling users' sensitive location data even after they knew the data was being used inappropriately, saying the fines accounted for the "egregiousness of their conduct."
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August 15, 2025
Mich. Bank Keeps Arbitration Win Against Scammed Law Firm
A marijuana industry-focused law firm must pay its bank nearly $373,000, a deficit sustained after a Nigerian scammer tricked the firm into cashing fraudulent Canadian checks, a Michigan appeals court ruled, rejecting arguments that the bank had a duty to protect the firm "from its own mistakes."
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August 15, 2025
Microsoft Unit Agrees To Pay $8.5M In MOVEIt Hack MDL
A Massachusetts federal judge has preliminarily signed off on an $8.5 million settlement reached between Nuance Communications and more than 1 million patients in multidistrict litigation over a 2023 malware attack that exploited a vulnerability in Progress Software's MOVEIt transfer file tool.
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August 15, 2025
NetChoice Sues Colo. Over Social Media Warnings For Minors
A trade association representing social media giants Meta, YouTube, Reddit and others claims a Colorado law set to go into effect next year that will require social media platforms to display warning messages for minors is compelled speech in violation of the First Amendment.
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August 15, 2025
Auto Shop Says Insurer Hasn't Paid $4.9M In Cyber Coverage
An auto repair company accused its cyber insurer in Illinois state court of withholding roughly $4.9 million in coverage over a "cyber event" in bad faith, adding it took nearly two years to receive coverage for "undisputed portions" of its total loss, with some portions still outstanding.
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August 15, 2025
NY Judge Orders Temu Users To Arbitrate Data Claims
A New York federal judge ordered a group of plaintiffs accusing online bargain app Temu of privacy violations to arbitrate their claims, saying an arbitration agreement in the company's terms is not unconscionable and that an arbitrator must determine the pact's scope.
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August 15, 2025
Judge Tosses GitLab Investors' AI Hype Suit
Software development collaboration platform GitLab has escaped a lawsuit accusing it of overhyping its artificial intelligence technology, but the California federal judge in charge of the case has given shareholders another chance to demonstrate just how the technology allegedly was not up to snuff.
Expert Analysis
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How Banks Can Harness New Customer ID Rule's Flexibility
Banking regulators' update to the customer identification process, allowing banks to collect some information from third parties rather than directly from customers, helps modernize anti-money laundering compliance and carries advantages for financial institutions that embrace the new approach, say attorneys at Bradley Arant.
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Series
Playing Soccer Makes Me A Better Lawyer
Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo.
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How Trump Cybersecurity EO Narrows Biden-Era Standards
President Donald Trump recently signed Executive Order No. 14306, which significantly narrows the scope and ambition of a Biden executive order focused on raising federal cybersecurity standards among federal vendors, say attorneys at Jenner & Block.
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Opinion
The SEC Should Embrace Tokenized Equity, Not Strangle It
The U.S. Securities and Exchange Commission should grant no-action relief to firms ready to pilot tokenized equity trading, not delay innovation by heeding protectionist industry arguments, says J.W. Verret at George Mason University.
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And Now A Word From The Panel: Back In Action
A lack of new petitions at the May hearing session of the Judicial Panel on Multidistrict Litigation caught many observers' attention — but a rapid uptick in petitions scheduled to be heard at this week's session illustrates how panel activity always ebbs and flows, says Alan Rothman at Sidley.
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Compliance Changes On Deck For Banks Under Texas AI Law
Financial services companies, including banks and fintechs, should evaluate their artificial intelligence usage to prepare for Texas' newly passed law regulating AI governance, noting that the enforcement provisions provide for an affirmative defense to liability, say attorneys at Mitchell Sandler.
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Series
Law School's Missed Lessons: Learning From Failure
While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.
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23andMe Fine Signals ICO's New GDPR Enforcement Focus
Many of the cybersecurity failures identified by the Information Commissioner’s Office in its investigation of 23andMe, recently resulting in a £2.3 million fine, were basic lapses, but the ICO's focus on several new U.K. General Data Protection Regulation considerations will likely carry into the future, say lawyers at Womble Bond.
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Midyear Rewind: How Courts Are Reshaping VPPA Standards
The first half of 2025 saw a series of cases interpreting the Video Privacy Protection Act as applied to website tracking technologies, including three appellate rulings deepening circuit splits on what qualifies as personally identifiable information and who qualifies as a consumer under the statute, say attorneys at Perkins Coie.
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How The Healthline Privacy Settlement Redefines Ad Tech Use
The Healthline settlement is the first time California has drawn a clear line in the sand around how website tracking must function in practice, so if your site uses tracking technologies, especially around sensitive content like health or finance, regulators are inspecting your website's back end, not just its banner, say attorneys at Baker Donelson.
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Series
Adapting To Private Practice: From ATF Director To BigLaw
As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.
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New DOJ Penalty Policy Could Spell Trouble For Cos.
In light of the U.S. Department of Justice’s recently published guidance making victim relief a core condition of coordinated resolution crediting, companies facing parallel investigations must carefully calibrate their negotiation strategies to minimize the risk of duplicative penalties, say attorneys at Debevoise.
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5 Consumer Protection Compliance Issues In NY State Budget
Companies that engage with New York consumers should promptly familiarize themselves with new state budget provisions that require finance and retail companies to make certain business practices more transparent and easier for customers to execute, say attorneys at Mintz.
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Balancing The Promises And Perils Of Tokenizing Securities
Tokenizing listed securities offers the promise of greater efficiency, accessibility and innovation, but a recent U.S. Securities and Exchange Commission statement makes clear that the federal securities laws continue to apply to tokenized securities, so financial institutions and technology developers must work together to create clear rules, say attorneys at Orrick.
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High Court Cert Spotlights Varying Tests For Federal Removal
A recent decision by the U.S. Supreme Court to review Chevron v. Plaquemines Parish, a case involving the federal officer removal statute, highlights three other recent circuit court decisions raising federal removal questions, and serves as a reminder that defendants are the masters of removal actions, says Varun Aery at Hollingsworth.