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Cybersecurity & Privacy
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July 29, 2025
Email Hack Info Dooms Coverage Bid For Fraudulent Payment
A trial court that excused a construction management company's insurer from covering a $673,000 reimbursement claim otherwise characterized as a negligent contract breach was right to let a company representative's unreferenced summary about an email hack factor into its decision, a split Illinois appellate panel said Monday.
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July 29, 2025
Crypto Mixer Execs To Change Plea In Samourai Wallet Case
The two co-founders of crypto mixer Samourai Wallet told a New York federal judge on Tuesday that they intend to change their not guilty pleas after initially fighting charges that they facilitated over $2 billion in unlawful transactions.
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July 29, 2025
Senate Dem Presses Musk On Starlink Use In Scams
Elon Musk is facing questions from a Democratic U.S. senator concerning the possible use of Starlink by South Asian criminal organizations to run sweeping scams against Americans.
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July 29, 2025
Limited Run Games Customers Seek OK Of $2.7M VPPA Deal
Limited Run Games inked a $2.72 million settlement in a proposed class action alleging it illegally shared customers' personally identifiable information and video-viewing history with Meta Platforms Inc. through a tracking pixel embedded on its website, according to a preliminary approval motion filed in New York federal court.
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July 29, 2025
Some OpenAI Defenses Nixed In 'Over-Litigated' Musk Suit
A California federal judge briefly took Elon Musk and OpenAI to task on Tuesday, in an order summarily nixing some of the ChatGPT-maker's affirmative defenses against the billionaire's lawsuit challenging plans to change its corporate structure.
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July 29, 2025
7th Circ. Backs Ex-CTA Worker's Sanction Over Deleted Chats
The Seventh Circuit has affirmed a lower court's dismissal of a former Chicago Transit Authority employee's retaliation lawsuit as a sanction for spoiling evidence, saying his explanation about how electronic phone messages were deleted changed over time and concluding that he wasn't entitled to an evidentiary hearing or jury review.
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July 29, 2025
Calif. Privacy Agency Fines Data Broker For Skirting Registry
The California Privacy Protection Agency on Tuesday announced its latest enforcement action under a groundbreaking state data deletion law, imposing a more than $55,000 fine on a Washington-based data broker on allegations it failed to fulfill its registration obligations last year.
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July 29, 2025
Federal Cuts Shake Up Clinical Research Funding Landscape
As the Trump administration makes deep cuts to clinical research funding, healthcare attorneys worry that the delicate balance between federal grants and private investment is at risk. Crowell & Moring LLP partner Linda Malek talks to Law360 Healthcare Authority about the industry's concerns.
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July 28, 2025
Truck Drivers Get Final Nod For $4.25M Deal In Face Scan Suit
An Illinois federal judge has signed off on a $4.25 million deal to resolve a proposed class action accusing tech company Lytx of violating the state's biometric privacy law by collecting truck drivers' biometric data through AI-powered monitoring cameras without proper notice or consent.
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July 28, 2025
2nd Circ. Won't Rehear Streaming App Video Privacy Fight
The Second Circuit declined to reconsider a panel ruling that affirmed the toss of a proposed class action accusing digital streaming provider Flipps Media of unlawfully sharing video-viewing information with Meta, on the heels of an NFL website user pushing the appellate court to revisit a similar video privacy dispute.
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July 28, 2025
Smucker, Chubby Snacks End TM Spat Over Uncrustables
J.M. Smucker has settled its lawsuit accusing Chubby Snacks of misusing its Uncrustables trademarks and making disparaging comments about the signature sandwich while hyping up its own competing peanut butter and fruit spread product as a purportedly healthier option, according to an order signed Monday by an Ohio federal judge.
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July 28, 2025
FCC Pushed To Rescind Biden-Era Cybersecurity Ruling
Several telecom trade groups have urged the Federal Communications Commission to pull back a ruling from early this year that imposed new cybersecurity requirements on providers in the aftermath of the Salt Typhoon cyberattack by actors linked to the Chinese government.
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July 28, 2025
11th Circ. Says Woman Must Arbitrate Experian Data Claims
The Eleventh Circuit said a district court should have allowed Experian Information Solutions to compel arbitration in a suit filed by a woman whose identity was allegedly compromised after a data breach, saying the company sufficiently showed she accepted terms of use that require arbitration.
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July 28, 2025
Insurer Seeks Exit From Privacy Suit Against Optometry Clinic
A Hartford unit told an Illinois federal court it should owe no coverage for a proposed class action accusing an optometry practice of violating patients' privacy rights by transmitting their sensitive information to Alphabet Inc., arguing a raft of exclusions apply.
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July 28, 2025
Fired FTC Dem Urges DC Circ. Not To Pause Reinstatement
A Democratic member of the Federal Trade Commission who was fired by the president is urging the D.C. Circuit not to pause a lower court order calling for her reinstatement while the administration appeals, saying the administration has little chance of success.
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July 28, 2025
Judge To Weigh If FTX Prosecutors Broke Plea Promise
A Manhattan federal judge said Monday he will investigate an allegation by crypto lobbyist Michelle Bond that she was charged with campaign finance crimes despite a promise that a guilty plea by her husband, former FTX executive Ryan Salame, would leave her in the clear.
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July 28, 2025
Allianz Life Hack Attack Exposes Most Clients' Info
Insurance giant Allianz has said that hackers have stolen personal data from most of its 1.4 million customers in America after cybercriminals hacked into a third-party system used by its U.S. subsidiary.
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July 25, 2025
9th Circ. Rejects Suit Against Wash. Youth Gender Care Laws
A Ninth Circuit panel has unanimously declined to revive a challenge to a Washington state law allowing shelters to help runaway teens seek gender-affirming treatment without notifying their parents, ruling on Friday that the plaintiff parents and anti-trans advocacy groups haven't shown actual or imminent harm from the statute.
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July 25, 2025
Insurers Seek Quick Win Over Meta Social Media Suits
Various Hartford and Chubb units told a Delaware state court they should have no duty to defend Meta Platforms Inc. in thousands of pending lawsuits accusing the social media giant of deliberately designing its platforms to be addictive to adolescents, arguing there was no insurable "accident" that allegedly occurred.
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July 25, 2025
8th Circ. Lifts Online Ban For Convict With 'Abhorrent' Views
A Minnesota man sentenced to more than six years in prison after pleading guilty to illegally possessing a machine gun should be allowed online in accordance with his First Amendment rights, though he had used the internet to research mass shootings and terrorist groups, the Eighth Circuit ruled Friday.
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July 25, 2025
3rd Circ. Won't Review $3.2M Wawa Breach Fee Award
The Third Circuit on Thursday won't revisit its prior decision upholding $3.2 million in fees to plaintiffs' counsel in a case that secured a $12 million deal for Wawa shoppers affected by a data breach after attorney Ted Frank argued the fees were disproportionate to the class' recovery.
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July 25, 2025
Google Says Rival 'Indisputably' Too Late For Search Fix
Google urged a D.C. federal judge Friday to ignore a search advertising rival's attempt to weigh in on the Justice Department's bid to force the syndication of search and search advertising results, castigating the "neither relevant nor useful" amicus brief as filed more than two months too late.
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July 25, 2025
Epic Defends Apple Antitrust Injunction After Birthright Ruling
Epic Games has told the Ninth Circuit the U.S. Supreme Court's recent ruling in litigation challenging President Donald Trump's birthright citizenship executive order should not affect a nationwide injunction and civil contempt order issued in its antitrust case over Apple's App Store policies, arguing Apple misread the high court's precedent.
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July 25, 2025
Coinbase Accuses German Of Illegally Squatting On URL
A German man is wrongfully using an online URL to pose as the cryptocurrency exchange Coinbase and leveraging his ownership to get the company to buy the domain name at a high price, a new lawsuit in California federal court has alleged.
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July 25, 2025
Florida Court Blasts NY Judge's 'Shell Game' To Revive Suit
A Florida federal judge rejected a New York federal judge's two-paragraph request to revive his defamation suit against former members of a condominium board in a feud over renovations, finding that the New York judge's move to submit the brief himself while having legal counsel makes it look as if the two are "playing a kind of shell game."
Expert Analysis
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NM Cyber Ruling Will Spur Litigation As Coverage Remedy
In Kane v. Beazley, the New Mexico Court of Appeals recently found that a cyber liability provision insuring security breaches included coverage for funds transfer fraud, implicitly and incorrectly motivating policyholders to commence litigation to avoid contractual limitations on cyber coverages, say attorneys at Zelle.
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Series
Law School's Missed Lessons: Practicing Self-Care
Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard at MG+M.
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New Laws Show How States Are Checking AI Developers
Recent state consumer protection legislation shows Utah, Colorado and Texas are primed to impose controls on artificial intelligence, and exemplifies the states' unwillingness to accord strong deference to developers and deployers of AI tools, say attorneys at Polsinelli.
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NFL Draft Incident Offers Remote Work Data Security Lessons
A recent incident in which an NFL coach's son prank called a potential draft pick after accessing confidential information on his father's computer serves as a wake-up call for organizations to analyze their protocols and practices related to protecting confidential information during remote work, say attorneys at Paul Hastings.
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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.