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Cybersecurity & Privacy
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October 03, 2025
Full 6th Circ. Skips Free Speech Row Over Drone Hunting Ban
The Sixth Circuit on Friday declined to reconsider whether Michigan's ban on the use of drones for hunting violates the right to free speech, finding the issue was already covered in an earlier ruling, but warning the case could raise bigger First Amendment concerns in the future.
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October 03, 2025
TD Bank Sent $1.1M To Scammer, Conn. Biz Says
A family-owned painting and contracting company sued TD Bank in Connecticut state court, alleging that the bank is responsible for the company losing more than $1.1 million to a scammer, which forced the business to freeze its payroll and cease operations.
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October 03, 2025
DC Circ. Split On Challenge To IRS-ICE Info-Sharing Deal
D.C. Circuit judges seemed split Friday over whether an information-sharing agreement between immigration authorities and the IRS complies with taxpayer privacy protections, with one judge noting during oral arguments that the government immigration arm requesting the tax information appears unauthorized to make the requests.
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October 03, 2025
The Roberts Court At 20: How The Chief Is Reshaping America
Twenty years after John Roberts became the 17th chief justice of the United States, he faces a U.S. Supreme Court term that's looking transformative for the country and its institutions. How Justice Roberts and his colleagues navigate mounting distrust in the judiciary and set the boundaries of presidential authority appear increasingly likely to define his time leading the court.
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October 02, 2025
Walmart Can't Arbitrate Suit Over Health Purchase Disclosures
A California federal judge rejected Walmart's bid to send to arbitration a proposed class action accusing the retail giant of illegally sharing information about sensitive health items that website visitors purchased, finding that the website's terms of service weren't prominent enough to establish a binding agreement to arbitrate.
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October 02, 2025
Biz Org Says DC Circ. Must Rethink T-Mobile's Privacy Fine
The Chamber of Commerce is throwing its weight behind T-Mobile and Sprint as they ask the full D.C. Circuit to rethink the appellate court's decision not to knock out $92 million in fines the telecoms were slapped with for selling users' sensitive location data even after they knew it was being used inappropriately.
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October 02, 2025
Ad Tech Judge Sees 'Tension' In Google's Economist
A Virginia federal judge told Google's economics expert Thursday that there's "tension" in his assertions that remedies for the company's advertising placement technology monopolies must be narrowly tailored to block the particular anticompetitive findings won by the U.S. Justice Department.
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October 02, 2025
Disability Group To Pay At Least $1M For Misleading Calls
A disability advocacy group will pay at least $1 million to the Federal Trade Commission to wash its hands of claims that it made "tens of millions of illegal calls" to people in order to solicit their business and weren't upfront about why they were calling.
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October 02, 2025
Roblox Faces 2 More Suits Claiming It Lets Predators Slide
Roblox has been hit with two more lawsuits alleging that it fails to stop online predators from using its gaming platform to groom and sexually exploit children, with one brought by a minor who says she was lured to a motel room where she was raped by five men.
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October 02, 2025
Debt Collector's $2.6M Data Breach Deal Gets Final Nod
Debt collection agency and buyer NCB Management Services Inc. and its investors have gotten the final nod to their $2.63 million deal to end consolidated proposed class action claims that NCB failed to protect more than a million consumers after a trove of their personal information was compromised in a ransomware attack.
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October 02, 2025
FINRA Fines CashApp Unit $375K Over Data Protection Lapse
The brokerage unit of payments giant Cash App will pay a $375,000 fine to the Financial Industry Regulatory Authority to resolve claims it failed to keep user data safe after a former employee downloaded reports containing personal information on millions of the firm's customers.
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October 02, 2025
Mich. Panel Says Probationer's Text Barrage Wasn't Stalking
A Michigan appeals panel has ordered the acquittal of a man who was convicted of stalking for incessantly texting his probation officer's work cell phone at all hours of the day and night about probation-related matters, saying "rambling" messages are not a crime.
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October 02, 2025
Top Groups Lobbying The FCC
Lobbying at the Federal Communications Commission slowed in September, continuing a late-summer lag, but several groups kept busy on several issues. Here's a look at a few groups that contacted the FCC at least three times during September and a sampling of what they care about.
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October 02, 2025
Flagstar Customers Want OK On $31M Data Breach Deal
A proposed class alleging Flagstar Bank didn't protect customer and employee information from two data breaches asked a Michigan federal judge Wednesday to give the initial approval for a $31.5 million settlement to resolve the case.
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October 02, 2025
IRS Data-Sharing Case Won't Be Paused For Gov't Shutdown
The U.S. Department of Justice must still submit court-ordered information in a lawsuit challenging the Internal Revenue Service's sharing of tax data with immigration authorities by Oct. 24, a D.C. federal judge ruled, despite the federal government shutdown that began Wednesday.
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October 02, 2025
LinkedIn Sues Over Alleged 'Industrial-Scale' Data Scraping
LinkedIn Corp. sued ProAPIs, Netswift and its co-founder Rehmat Alam in California federal court Thursday, alleging the software-makers operate "industrial-scale" data scraping mills that violate LinkedIn's terms and numerous other laws by continuously creating fake accounts to extract LinkedIn's member data, which they then sell without permission.
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October 02, 2025
Many Cos. Not Ready For National Security Risks, Report Says
At least a third of U.S. companies aren't fully prepared to address key national security compliance risks they face, and the C-suite often isn't aligned with its in-house counsel as to who is primarily responsible for those efforts, according to a new survey from Eversheds Sutherland.
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October 02, 2025
National Security Vets, App-Devs Back Google In Epic Fight
A group of former national security officials and scholars is urging the U.S. Supreme Court to stay the district court injunction requiring Google to distribute third-party app stores and allow app developers to provide alternate payment links directly to users, saying the order creates serious national and cybersecurity risks.
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October 02, 2025
UChicago Medicine Ducks Class Claims In Patient Privacy Suit
A UChicago Medicine patient can move forward with amended privacy violation claims over the medical center's allegedly illegal use of Meta pixel tracking tools but must leave her class allegations behind, given an agreement she entered between pleadings, an Illinois federal judge ruled.
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October 02, 2025
Judge Nixes Pegasystems Shareholder Suits Over $2B Verdict
A Massachusetts state court has dismissed a pair of investor lawsuits against Pegasystems officials that had sought to hold them responsible for a $2 billion verdict in a trade secrets case, finding no evidence of bad faith on the part of the software company's board.
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October 02, 2025
Crowell Cybersecurity Pro Joins Holland & Knight's DC Office
Holland & Knight LLP has added a former practice group leader from Crowell & Moring LLP who spent more than 11 years there working with privacy and cybersecurity issues and counseling clients on data privacy risks and other related matters.
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October 01, 2025
Tornado Cash Boss Seeks Acquittal After Partial Mistrial
Tornado Cash's Roman Storm on Tuesday urged a New York federal court to acquit the cryptocurrency tumbler co-founder of enabling more than $1 billion in money laundering transactions, as questions remain even among government officials about criminal liability for software developers of open-source privacy tech.
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October 01, 2025
FTC Halts Fraud Complaints, Spam Call Help Amid Shutdown
The Federal Trade Commission said Wednesday that none of its mechanisms for reporting fraud, including identity theft, will be available to consumers while the federal government is shut down, nor will the National Do Not Call Registry be operational for consumers or telemarketers.
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October 01, 2025
Accellion Breach Plaintiffs Get Cert. For Narrow Subclasses
A California federal judge has agreed to allow plaintiffs to proceed with five subclasses in their dispute with Accellion over allegations the company failed to protect against cyberattacks on its file-sharing software, while finding that a lack of "cohesion" doomed their chances to certify a broader negligence class of roughly 5 million breach victims.
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October 01, 2025
NYT Wants Justin Baldoni To Cough Up Defamation Suit Fees
The New York Times on Tuesday sued "It Ends With Us" director and star Justin Baldoni's production company, claiming the company must cover the $150,000 in legal fees and court costs the paper racked up while defending itself in defamation litigation that "had no basis in law or fact."
Expert Analysis
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Justices' Age Verification Ruling May Lead To More State Laws
The U.S. Supreme Court’s recent Free Speech Coalition v. Paxton ruling, permitting a Texas law requiring certain websites to verify users’ ages, significantly expands states' ability to regulate minors’ social media access, further complicating the patchwork of internet privacy laws, say attorneys at Troutman.
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E-Discovery Quarterly: Rulings On Relevance Redactions
In recent cases addressing redactions that parties sought to apply based on the relevance of information — as opposed to considerations of privilege — courts have generally limited a party’s ability to withhold nonresponsive or irrelevant material, providing a few lessons for discovery strategy, say attorneys at Sidley.
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How DOJ's New Data Security Rules Leave HIPAA In The Dust
The U.S. Department of Justice's recently effective data security requirements carry profound implications for how healthcare providers collect, store, share and use data — and approach vendor oversight — that go far beyond the Health Insurance Portability and Accountability Act, say attorneys at Nelson Mullins.
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Opinion
Section 1983 Has Promise After End Of Nationwide Injunctions
After the U.S. Supreme Court recently struck down the practice of nationwide injunctions in Trump v. Casa, Section 1983 civil rights suits can provide a better pathway to hold the government accountable — but this will require reforms to qualified immunity, says Marc Levin at the Council on Criminal Justice.
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Courts Redefining Software As Product Generates New Risks
A recent wave of litigation against social media platforms, chatbot developers and ride-hailing companies has some courts straying from the traditional view of software as a service to redefining software as a product, with significant implications for strict liability exposure, say attorneys at Reed Smith.
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Now Is The Time To Prep For SEC's New Data Breach Regs
Recent remarks from the U.S. Securities and Exchange Commission’s acting director of the Division of Examinations suggest that the commission will support exams for compliance with its new data breach detection and reporting regulations, and a looming deadline means investment advisers and broker-dealers must act now to update their processes, say attorneys at McGuireWoods.
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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.