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Cybersecurity & Privacy
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August 01, 2025
4 Mass. Rulings You May Have Missed In July
A cannabis company in the process of going out of business cannot rely on a state court receivership to shield it from creditors in other states, and the owners of shuttered Norwood Hospital can't renew an expired permit issued to bankrupt Steward Health.
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August 01, 2025
6th Circ. Upholds Michigan Ban On Drone-Assisted Hunting
The Sixth Circuit upheld a Michigan law that prohibits the use of drones for hunting, finding the state has a compelling reason to manage wildlife hunts despite the free speech objections lodged by the plaintiffs.
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August 01, 2025
FCC Asked To Narrow Undersea Cable Rule's License DQs
The Federal Communications Commission might have been "excessively, and perhaps unintentionally, stringent" when it was drafting the new rules for undersea cables, a trade group told the agency, particularly when it comes to character disqualifications.
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August 01, 2025
9th Circ. Pauses Google Play Store Order In Antitrust Row
The Ninth Circuit on Friday granted Google's same-day request for an emergency administrative pause on a looming deadline to open up the tech giant's Play Store to alternative app distribution after the appellate court upheld a landmark antitrust win for Epic Games.
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August 01, 2025
Banking TCPA Rule Changes Go Too Far, Consumer Org. Says
Consumer advocates urged the Federal Communications Commission to reject changes floated by banking groups to rules for revoking consumer consent to receive calls and texts, saying they would cause confusion and make it harder to block unwanted contacts.
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August 01, 2025
Army Inks 10-Year Agreement With Palantir Worth Up To $10B
The U.S. Army said a new 10-year enterprise agreement with Palantir Technologies Inc., worth up to $10 billion, will give it a streamlined and comprehensive framework to meet data and software needs.
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August 01, 2025
Taxation With Representation: Skadden, Wachtell, Latham
In this week's Taxation With Representation, Union Pacific Corp. and Norfolk Southern Corp. announce megamerger plans, Palo Alto Networks acquires identity security company CyberArk, Brookfield buys British life insurer Just Group, and Duke Energy sells its Piedmont Natural Gas Tennessee local distribution business to Spire Inc.
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August 01, 2025
Hyundai, Kia Can't Get Rehearing On Cities' Car Theft MDL
The Ninth Circuit won't hold an en banc rehearing on an appeal from Hyundai Motors America Inc. and Kia America Inc. seeking to dismiss negligence claims by cities in three of seven states in multidistrict litigation over their alleged failure to install anti-theft technology in millions of vehicles.
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July 31, 2025
Appeals Court Resurrects DC's Privacy Suit Against Facebook
A Washington, D.C., appeals court Thursday revived a lawsuit from the district's attorney general accusing Facebook of misleading users about how their data could be shared with Cambridge Analytica and other third-party apps, finding the lower court relied on too high an evidence standard in axing the claims.
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July 31, 2025
Yahoo Says Chubb Unit Must Cover Potential EU Privacy Fines
Yahoo says a Chubb subsidiary is obligated to cover regulatory fines that might be leveled against one of the tech company's subsidiaries for violating the European Union's data privacy law, but the insurer has refused to honor the policy, according to a lawsuit filed this week in Delaware.
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July 31, 2025
Flo Settles Privacy Fight Midtrial, Leaving Meta To Face Jury
Flo Health Inc. told a California federal judge Thursday it had reached an agreement to settle claims that its popular menstrual-tracking app illegally shared sensitive health data of millions of women with Meta Platforms Inc. and Google, partially resolving a sweeping privacy case midtrial, and leaving Meta as the sole remaining defendant.
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July 31, 2025
Fed Joins In Letting Banks Use Third-Party Customer ID Info
The Federal Reserve on Thursday relaxed a post-Sept. 11 identity check rule for banks under its oversight, joining other federal financial regulators in allowing the use of certain information provided by third-party sources.
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July 31, 2025
Microsoft Says Russian Hackers Spying On Moscow Embassies
Microsoft Corp. has found evidence Russia has been targeting embassies within its borders with malware since at least last year, according to a new warning from the tech titan's threat intelligence team.
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July 31, 2025
DOJ Says Defense Co., PE Firm To Pay $1.75M For FCA Claims
A defense contractor and private equity firm in California will pay $1.75 million to settle allegations that they failed to meet the cybersecurity requirements of a U.S. Air Force contract, federal prosecutors said Thursday.
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July 31, 2025
Colo. Court Affirms Stalking Conviction In 'True Threat' Case
The Colorado Court of Appeals on Thursday declined to overturn the stalking and harassment convictions of a man who claimed his threatening emails to a police officer were protected First Amendment speech.
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July 31, 2025
Zoom Investor Gets Final OK For Derivative Suit Settlement
A Delaware federal judge granted final approval on Thursday to a settlement reached in a shareholder derivative suit accusing the top brass of Zoom of pulling in $172.9 million via insider sales after its 2019 initial public offering and before shares fell during the early days of the COVID-19 pandemic.
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July 31, 2025
Troutman Adds Husch Blackwell Cyber Co-Leader
Troutman Pepper Locke LLP announced Thursday the hiring of a former Husch Blackwell partner for its privacy and cyber practice group in Philadelphia.
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July 31, 2025
9th Circ. Upholds Google's Play Store Antitrust Trial Loss
A Ninth Circuit panel Thursday affirmed Epic Games' 2023 antitrust jury trial win, along with an injunction requiring Google to open its Google Play Store to rivals, backing a landmark finding that Google monopolized the Android app-distribution market.
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July 31, 2025
Fintech, BofA, JPMorgan Face Class Suit Over Cyberattack
Financial software company Finastra Technology Inc., Bank of America and JPMorgan Chase Bank NA face a proposed class action alleging they failed to properly safeguard customers' personal information that was exposed by a data breach.
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July 30, 2025
Sens. Step Up Push For Data Privacy Law Amid AI's Rise
The leaders of a Senate data privacy subcommittee Wednesday put the spotlight back on longstanding efforts to craft a nationwide framework for how companies use and disclose consumers' personal information, arguing that a growing state law patchwork and the rise of artificial intelligence accelerated the need for such protections.
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July 30, 2025
Tornado Was A One-Stop Crypto Laundering Shop, Jury Told
Manhattan federal prosecutors Wednesday made their final arguments in the money laundering and sanctions trial of Tornado Cash co-founder Roman Storm, claiming the cryptocurrency tumbler's privacy-focused ethos was just a fig leaf for dirty money that flowed through its "fancy online laundromat."
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July 30, 2025
Flo Likely To Get Health Privacy Claim Tossed In Meta Case
The California federal judge overseeing a trial on allegations that Flo Health and Meta Platforms Inc. violated the privacy of millions of women who used Flo's period tracker app said Wednesday he'd likely toss the California Confidentiality of Medical Information Act claim, saying the lack of evidence is an "unsurmountable" problem.
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July 30, 2025
Illumina To Pay $9.8M To Resolve Cybersecurity Qui Tam Case
Biotechnology company Illumina Inc. has agreed to pay $9.8 million in a settlement with the U.S. Department of Justice to put to rest a first-of-its-kind False Claims Act suit alleging the company violated cybersecurity regulations for medical devices, according to an announcement Wednesday.
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July 30, 2025
E-Commerce Firms To Pay $15M To End FTC's AI Scam Claims
A New Jersey-based network of e-commerce coaching firms will pay more than $15 million to end a Federal Trade Commission suit accusing it of duping consumers out of nearly $16 million through false promises of AI-driven success on e-commerce platforms, according to a federal court order filed Wednesday.
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July 30, 2025
Cash App Parent's $12.5M Spam Text Settlement Gets 1st OK
A Washington federal judge has granted preliminary approval to Cash App parent Block Inc.'s $12.5 million class action settlement with customers who alleged they were bombarded with "annoying and harassing spam texts" from the company.
Expert Analysis
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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.
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Series
Adapting To Private Practice: From US Rep. To Boutique Firm
My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.