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Cybersecurity & Privacy
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August 13, 2025
Trump Admin Bid To Kill SSA Data Suit Ruled Premature
The Trump administration can't fight an injunction in Maryland federal court and the Fourth Circuit simultaneously, a Maryland federal judge said Wednesday, tabling the administration's dismissal bid while the Fourth Circuit considers whether to lift a ban on the Department of Government Efficiency accessing unredacted Social Security data.
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August 13, 2025
Smith Anderson Adds 5 Business Litigation, Data Privacy Pros
Smith Anderson announced that the firm has brought on five new attorneys who will bolster the Raleigh, North Carolina-based firm's business litigation, data privacy and security, healthcare, real estate and development, and private client practice groups.
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August 13, 2025
OpenAI, Microsoft Beat Musk's RICO Claims In For-Profit Fight
OpenAI and Microsoft again beat Elon Musk's racketeering claims in his lawsuit challenging OpenAI's now-abandoned pivot to a for-profit enterprise, after a California federal judge said Tuesday the amended allegations do not provide details on how the companies ran the enterprise through a pattern of racketeering activity.
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August 13, 2025
SPAC Behind EV Maker Nikola, Shareholders Strike Settlement
Stockholders and board members for the blank-check company that took electric-vehicle maker Nikola public said they reached a $6.3 million deal to end a Delaware Chancery Court lawsuit that accused the SPAC of misleading investors about Nikola's prospects.
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August 13, 2025
EBay, Former Execs Must Face Bulk Of Harassment Case
A Massachusetts federal judge has trimmed some defamation and damages claims brought by a pair of bloggers against online retailer eBay in a lawsuit over the company's alleged campaign of retaliation over their coverage, but will allow most of the case to proceed to trial.
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August 13, 2025
Kelley Drye Hit With Class Action Over Client Data Leak
Poor security measures and inadequately trained employees at Kelley Drye & Warren LLP contributed to a data breach that exposed the personal information of clients earlier this year, according to a complaint filed in New York state court seeking to form a class action.
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August 13, 2025
NY AG Says Zelle Parent Enabled $1B In Customer Losses
New York Attorney General Letitia James on Wednesday sued the big bank-controlled parent company of popular electronic payments platform Zelle, alleging in state court that lax security measures allowed scammers to make off with over $1 billion of user funds.
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August 12, 2025
Meta Privacy Verdict Raises Stakes For Website Data Tracking
A California federal jury's move to hold Meta accountable for unauthorized receipt of sensitive health data gathered through a popular online tracking tool strengthens website users' position in these disputes and should prompt companies to revisit their data collection and sharing practices, even as the social media giant fights the decision.
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August 12, 2025
DC Circ. Rules Pole-Camera Footage Doesn't Require Warrant
The D.C. Circuit on Tuesday ruled that pole-mounted surveillance cameras installed by police can be accessed without a warrant by law enforcement, and upheld the conviction of a man on federal drug and firearms charges as a result of the camera footage.
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August 12, 2025
Meta's Discovery Win Faces 'Immense' Fallout, 9th Circ. Told
The California Attorney General's Office urged the Ninth Circuit on Tuesday to reverse a lower court's order requiring third-party state agencies to respond to Meta Platforms' discovery demands in multidistrict litigation over social media's alleged harms, saying the "egregiously wrong" order will have "immense" consequences.
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August 12, 2025
Google Wants Epic Order Paused For Potential High Court Bid
Google has asked the Ninth Circuit to keep an order requiring it to allow more competition for the Play Store on Android devices on hold while it seeks a rehearing, and potentially a review by the Supreme Court, in the antitrust case being brought by Fortnite developer Epic Games.
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August 12, 2025
SAG-AFTRA Health Plan Members Settle Data Breach Suit
SAG-AFTRA Health Plan members who said their sensitive personal and medical information was compromised following a September data breach told a California federal judge Tuesday that they have reached a settlement in principle to resolve the proposed class action accusing the plan of lacking adequate security measures to stop the event.
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August 12, 2025
Pizza Chain's Cyber Claim Capped At $250K, Insurer Says
A cyber insurer urged a Texas federal court to reject Cicis Pizza's attempt to recast a ransomware attack as a cyber extortion event in order to open the door to more coverage, saying it has fulfilled its contractual obligations by paying $250,000 under the policy's ransomware endorsement.
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August 12, 2025
4th Circ. Lifts Block On DOGE's Data Access At 3 Agencies
A split Fourth Circuit panel vacated a block Tuesday on the Department of Government Efficiency's access to personal information held by three federal agencies, prescribing an exacting appraisal of the challenging unions' chances of winning all aspects of the case.
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August 12, 2025
Groups Urge IRS To Resist Pressure To Share Taxpayer Info
Advocacy groups urged the Internal Revenue Service on Tuesday to keep resisting presidential pressure to share confidential tax-return information with immigration enforcement authorities, saying the abrupt departure of the agency's new commissioner highlights the need for oversight.
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August 12, 2025
Truist Wants Out Of Law Firm's $94K Wire Scam Suit
Truist Financial Corp. has asked a Delaware federal judge to dismiss a law firm's suit over a botched real estate wire transfer, arguing in a dismissal motion that the firm named the wrong entity in its complaint, but that even if the correct Truist had been named, the claims must fail as a matter of law.
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August 12, 2025
NJ Is Key Battleground In Fight Over Newborn Blood Tests
Newborn blood screening, a cornerstone of modern public health, is the focus of a debate over patient privacy, parental consent and what happens to the samples after initial tests are complete. A New Jersey court recently weighed in.
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August 12, 2025
3 Firms Get $600K In Fees After DialAmerica Data Breach Deal
A Connecticut federal judge has awarded $600,000 in fees to attorneys with three law firms — Markovits Stock & Demarco LLC, Milberg Coleman Bryson Phillips Grossman PLLC and Federman & Sherwood — that secured a settlement worth more than $2.3 million with DialAmerica Marketing Inc. after a data breach.
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August 12, 2025
Uber's Tip Led FBI To $5M 'Grandparent Scam' Ring, Feds Say
A suspicious pattern of Uber trips to banks by older people led the company to contact the FBI, uncovering a multinational "grandparent scam" operation that stole $5 million from at least 400 people, Massachusetts federal prosecutors said Tuesday.
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August 11, 2025
GCI To Pay $10K To End Fed Probe Over Alaska Cable Permit
Alaska telecom GCI Communication Corp. will have to pay $10,000 for letting the cable landing licenses for one of its undersea cable systems expire, the Federal Communications Commission has announced.
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August 11, 2025
Abbott Shakes Suit Over Meta, Google Data Sharing For Now
An Illinois federal judge has tossed a proposed class action accusing Abbott Laboratories of unlawfully sharing website visitors' personal data with Meta and Google, finding that the plaintiffs had failed to adequately allege that the medical device provider divulged any individually identifiable health information.
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August 11, 2025
Fed. Circ. Drops Co.'s $1.5B Commerce Award Challenge
A Virginia company voluntarily dropped a Federal Circuit appeal related to a U.S. Department of Commerce procurement for IT services valued at up to $1.5 billion, though a second company will continue to press its challenge.
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August 11, 2025
Deere Tractor Rivals Get Some Safeguards In FTC Case, MDL
An Illinois federal judge has denied a motion by three of Deere & Co.'s competitors that were seeking to block distribution of confidential information they had provided to the Federal Trade Commission in its wind-up to an antitrust suit against Deere, but said he would amend existing confidentiality orders with additional safeguards.
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August 11, 2025
Pa. AG Probing 'Cyber Incident' That Disrupted Email, Phones
The website, office email accounts and phone lines for the Pennsylvania Attorney General's Office were offline Monday after being disrupted by a "cyber incident," the state's top prosecutor announced.
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August 11, 2025
AGs Target Voice Providers In 'Operation Robocall Roundup'
A bipartisan coalition of 51 attorneys general from across the U.S. is sending warning letters to 37 voice service providers to demand action against illegal robocalls, alleging they flouted Federal Communications Commission rules, according to an announcement Monday.
Expert Analysis
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AT&T Decision May Establish Framework To Block FCC Fines
The Fifth Circuit's recent decision in AT&T v. FCC upends the commission's authority to impose certain civil penalties, reinforcing constitutional safeguards against administrative overreach, and opening avenues for telecommunications and technology providers to challenge forfeiture orders, say attorneys at HWG.
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Reassessing Corporate Separateness After Explosion Of LLCs
Following the dramatic increase of limited liability companies in the U.S., the Corporate Transparency Act's enactment and the Trump administration's subsequent narrowing of that law, it's worth revisiting the underlying legal principles that govern shell companies in order to remedy the problems that initially motivated the CTA, says Jeff Newton at Omni Bridgeway.
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Series
Playing Guitar Makes Me A Better Lawyer
Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.
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Fines Against Apple, Meta Set Digital Markets Act Precedent
The European Commission's recent fines against Apple and Meta, the first under the Digital Markets Act, send a clear message that the act's reach and influence on regulatory thinking is global, say lawyers at Waterfront Law.
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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When Physical And Cyber Threats Converge: 6 Tips For Cos.
Amid an ongoing trend of increased digital threats of harm made against corporations, organizations and high-profile individuals, an emerging legal framework is providing a risk management road map for general counsel and their teams to navigate the increasingly fraught landscape, say attorneys at Covington.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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7 Considerations For Conducting Drug Clinical Trials Abroad
With continuing cuts to U.S. Food and Drug Administration staffing motivating some pharmaceutical companies to consider developing drugs abroad, it's important to understand the additional risks and compliance requirements associated with conducting clinical studies in other countries, say attorneys at Morgan Lewis.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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Compliance Lessons From Warby Parker's HIPAA Fine
The U.S. Department of Health and Human Services' civil money penalty against Warby Parker highlights the emerging challenges that consumer-facing brands encounter when expanding into healthcare-adjacent sectors, with Health Insurance Portability and Accountability Act compliance being a potential focus of regulatory attention, say attorneys at Saul Ewing.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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A Tale Of Two Admins: Parsing 1st Half Of SEC's FY 2025
The first half of the U.S. Securities and Exchange Commission's fiscal year 2025, which ended March 31, was unusually eventful, marked by a flurry of enforcement actions in the last three months of former Chair Gary Gensler's tenure and a prompt pivot after Inauguration Day, say attorneys at Jones Day.
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Rebuttal
Mass Arbitration Reform Must Focus On Justice
A recent Law360 guest article argued that mass arbitration reform is needed to alleviate companies’ financial and administrative burdens, but any such reform must deliver real justice, not just cost savings for the powerful, says Eduard Korsinsky at Levi & Korsinsky.
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Getting Ahead Of The SEC's Continued Focus On Cyber, AI
The U.S. Securities and Exchange Commission is showing it will continue to scrutinize actions involving cybersecurity and artificial intelligence, but there are proactive measures that companies and financial institutions can take to avoid regulatory scrutiny going forward, say attorneys at Morgan Lewis.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.