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Cybersecurity & Privacy
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September 26, 2025
Commerce Opens 2 New Section 232 Investigations
The U.S. Department of Commerce recently self-initiated investigations into imports of medical devices and personal protective equipment as well as robotics to determine whether they pose a national security threat requiring tariff actions under Section 232 of the Trade Expansion Act of 1962, according to two notices published Friday.
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September 25, 2025
DOJ Unveils New 'Affirmative Litigation' Civil Division Branch
The U.S. Department of Justice Thursday announced its newly created "Enforcement & Affirmative Litigation Branch," part of which will be dedicated to going after states, municipalities and private entities that impede federal immigration enforcement or profit from "false and misleading claims" about gender transition.
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September 25, 2025
Trump Blesses Deal To Transfer TikTok To $14B US Co.
President Donald Trump Thursday signed an executive order greenlighting a proposed deal that transfers the majority of TikTok's U.S. operations to a new U.S.-based joint venture, saying that the divestiture adequately addresses national security concerns.
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September 25, 2025
Google VP Says Ad Tech Breakup Is 'Possible'
The Google executive responsible for its advertising placement technology business told a Virginia federal judge Thursday that the company previously determined that a breakup was doable, even as he argued that the U.S. Department of Justice is mischaracterizing recent considerations of what that would look like.
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September 25, 2025
Senate Dems Float Bill To Shield Neural Data From Misuse
A trio of Senate Democrats proposed legislation Wednesday that would establish a federal framework for how companies and the government collect and use data derived from measuring brain activity, arguing that the current lack of protections for such neural data leaves consumers open to manipulation and other serious harms.
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September 25, 2025
Textron Shakes Privacy Suit Over Data Sharing With Google
A California federal judge has tossed a proposed class action accusing Textron Inc. of illegally sharing information about website visitors' search activities with Google LLC, finding that the plaintiff failed to allege that the aviation and defense products manufacturer had expressly targeted residents of the Golden State.
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September 25, 2025
Wash. Judge Weighs Audible Bid To Toss Privacy Class Action
A Seattle federal judge on Thursday questioned whether a proposed class action accusing Amazon-owned Audible of violating customers' privacy should proceed under California law, as the plaintiffs argue, or Washington law, as Audible insists — a decision that could determine the lawsuit's fate.
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September 25, 2025
Hagens Berman Not Very Contrite About AI Errors, Judge Says
A California federal judge chided attorneys from Hagens Berman on Thursday over what he called a lack of contrition after submitting briefs that contained errors lifted from ChatGPT in a proposed class action against the online platform OnlyFans, saying the attorneys seemed more interested in excuses.
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September 25, 2025
UFCW Faces Negligence Suit Over Data Breach Affecting 55K
A United Food and Commercial Workers local was hit with a putative class action in Colorado federal court Thursday looking to hold it liable for allegedly failing to protect more than 55,000 individuals' personal information from a cybersecurity attack and waiting more than nine months to inform the victims.
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September 24, 2025
Google Ad Tech Judge Ponders If Order Without Sale Is Enough
A Virginia federal judge wondered aloud Wednesday if it's necessary to break up Google LLC's advertising placement technology business, or if she can address the monopolies targeted by the U.S. Department of Justice through a "strict set of requirements."
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September 24, 2025
Robocall Recipients Get Class Cert. Against Ill. Bank
Consumers who allegedly received unwanted robocalls from Illinois-based Federal Savings Bank will secure certification of a nationwide class of nearly 2.3 million consumers in a proposed Telephone Consumer Protection Act class action, an Illinois federal judge has decided.
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September 24, 2025
UnitedHealth Fights Investor Suit Over DOJ's Merger Probe
UnitedHealth and its executives have asked a Minnesota federal judge to toss a proposed securities class action accusing it of, among many things, not disclosing that the U.S. Department of Justice had reopened an antitrust investigation into the health insurer, saying the complaint consists of unsupported "scattershot allegations."
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September 24, 2025
Google, Flo To Pay Combined $56M To End Data Privacy Suit
Google LLC will shell out $48 million and app developer Flo Health Inc. will pay $8 million to resolve a class action over the popular menstrual tracking app's allegedly unlawful sharing of sensitive health data with Google and others through online tracking tools, according to documents filed by the app's users in California federal court.
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September 24, 2025
Team Owner Fights PR Baseball League's Fresh Dismissal Bid
The former owner of a Puerto Rican baseball team told a federal judge this week that the court has already decided it is the proper forum for his antitrust lawsuit, and it should reject the defendant's motion to shift the dispute back to a local venue.
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September 24, 2025
Keep Rules Against Phone 'Slamming,' NY Agency Says
New York state officials want the Federal Communications Commission to keep safeguards in place against phone service "slamming" even though the incidence of people's service being switched without their permission is fading as technology advances.
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September 24, 2025
NC Med. Provider Exposed 450K Peoples' Data, Patient Says
A healthcare provider with locations throughout eastern North Carolina failed to protect the private data of at least 450,000 of its patients, then dragged its feet in notifying them, according to a potential class action filed in North Carolina federal court Tuesday.
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September 24, 2025
Ill. Judge Sends $7.6M DOJ Deal Coverage Dispute To Virginia
A consulting firm must litigate its suit seeking coverage for a $7.6 million settlement with the U.S. Department of Justice in Virginia, where it is based, an Illinois federal court ruled, finding that Virginia is the more convenient forum and the better place to apply state law.
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September 24, 2025
Loeb & Loeb, Kirkland Guide SPAC Lafayette's $250M IPO
Guided by Loeb & Loeb LLP and underwriters' counsel Kirkland & Ellis LLP, special purpose acquisition company Lafayette Digital Acquisition I filed Tuesday for a $250 million initial public offering with the U.S. Securities and Exchange Commission with hopes to acquire blockchain- or fintech-related merger targets.
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September 24, 2025
Woman Must Arbitrate Suit Against Verizon Over Stalker
A North Carolina federal judge has sent to arbitration a woman's suit against Verizon Communications Inc. alleging it handed her personal information over to her stalker, saying her claims against the company are not subject to a federal law precluding arbitration for sexual harassment claims.
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September 24, 2025
Blank Rome Hires Bicoastal Pair Of Patent Attys
Blank Rome LLP announced Tuesday that it has welcomed two new patent attorneys to its ranks: a Los Angeles-based firm alum and a New York-based former Leason Ellis LLP lawyer.
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September 24, 2025
PNC Failed To Protect 740K Users' Data In Breach, Suit Claims
A proposed class action filed in Pennsylvania federal court Tuesday claims PNC Financial Services suffered a data breach affecting 740,000 customers and should be held liable for not protecting their personal information.
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September 24, 2025
Lender Must Face Class Claims It Ignored 'Do Not Call' Asks
A mortgage lender must face class allegations that it called people without their consent to market its loan products and continued to call people who asked it to stop, a Michigan federal judge has ruled, rejecting the lender's arguments that the proposed class is too vague.
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September 23, 2025
Industry Witnesses In Google Ad Tech Case Not 'That Helpful'
A Virginia federal judge tightened the leash Tuesday on the U.S. Department of Justice and Google fight over the company's advertising placement technology business, expressing dissatisfaction with non-technical industry witnesses testifying about the benefits and costs of a government breakup proposal.
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September 23, 2025
Ad Groups Urge Newsom To Veto Calif. Opt-Out Tool Bill
Four major ad industry groups are asking California Gov. Gavin Newsom to veto a bill that would require browser developers to offer a digital tool enabling consumers to more easily opt out of online behavioral advertising throughout the web.
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September 23, 2025
Google, Meta Beat BlueChew Users' Privacy Suit, For Now
A California federal judge Tuesday dismissed a proposed class action alleging Google and Meta illegally gathered information from website users buying erectile dysfunction medication on BlueChew's website, since BlueChew's revised policy makes clear their personal data consisting of health information would be shared with third parties for advertising purposes.
Expert Analysis
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Assessing Potential Ad Tech Remedies Ahead Of Google Trial
The Virginia federal judge tasked with prying open Google’s digital advertising monopoly faces a smorgasbord of potential remedies, all with different implications for competition, government control and consumers' internet experience, but compromises reached in the parallel Google search monopoly litigation may point a way forward, say attorneys at MoloLamken.
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Series
Writing Musicals Makes Me A Better Lawyer
My experiences with writing musicals and practicing law have shown that the building blocks for both endeavors are one and the same, because drama is necessary for the law to exist, says Addison O’Donnell at LOIS Law.
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3 Circuits Breathe Life Into Privacy Enforcement, For Now
With the Second Circuit's recent decision in Verizon v. Federal Communications Commission, three courts of appeals have weighed in on all four record-breaking fines imposed, showing that — at least for now — the FCC continues to have broad authority to set and enforce privacy rules outside of the Fifth Circuit, say attorneys at HWG.
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Series
Adapting To Private Practice: From Va. AUSA To Mid-Law
Returning to the firm where I began my career after seven years as an assistant U.S. attorney in Virginia has been complex, nuanced and rewarding, and I’ve learned that the pursuit of justice remains the constant, even as the mindset and client change, says Kristin Johnson at Woods Rogers.
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Transmission Security Has A Critical Role In Healthcare
In light of the U.S. Department of Health and Human Services' Office of Civil Rights' continuing enforcement initiative focusing on businesses' accurate and thorough security risk assessments under the Health Insurance Portability and Accountability Act, covered entities should not neglect the importance of transmission security, says John Howard at Clark Hill.
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7 Document Review Concepts New Attorneys Need To Know
For new associates joining firms this fall, stepping into the world of e-discovery can feel like learning a new language, but understanding a handful of fundamentals — from coding layouts to metadata — can help attorneys become fluent in document review, says Ann Motl at Bowman and Brooke.
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Agentic AI Puts A New Twist On Attorney Ethics Obligations
As lawyers increasingly use autonomous artificial intelligence agents, disciplinary authorities must decide whether attorney responsibility for an AI-caused legal ethics violation is personal or supervisory, and firms must enact strong policies regarding agentic AI use and supervision, says Grace Wynn at HWG.
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Cos. Face EU, US Regulatory Tension On Many Fronts
When the European Union sets stringent standards, companies seeking to operate in the international marketplace must conform to them, or else concede opportunities — but with the current U.S. administration pushing hard to roll back regulations, global companies face an increasing tension over which standards to follow, say attorneys at Baker McKenzie.
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Series
Being A Professional Wrestler Makes Me A Better Lawyer
Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.
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Restored Charging Project Funds Revive Hope For EV Market
While 2025 began with a host of government actions that prompted some to predict the demise of the U.S. electric vehicle market, the Trump administration's recent restoration of federal funding for EV charging infrastructure under new terms presents market participants with reason for optimism, says Levi McAllister at Morgan Lewis.
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Series
Law School's Missed Lessons: Adapting To The Age Of AI
Though law school may not have specifically taught us how to use generative artificial intelligence to help with our daily legal tasks, it did provide us the mental building blocks necessary for adapting to this new technology — and the judgment to discern what shouldn’t be automated, says Pamela Dorian at Cozen O'Connor.
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Ch. 11 Ruling Voiding $2M Litigation Funding Sends A Warning
A recent Texas bankruptcy court decision that a postconfirmation litigation trust has no obligations to repay a completely drawn down $2 million litigation funding agreement serves as a warning for estate administrators and funders to properly disclose the intended financing, say attorneys at Kleinberg Kaplan.
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DOJ's Novel Cybersecurity FCA Case Is A Warning To Medtech
The U.S. Department of Justice's recent False Claims Act settlement with Illumina over alleged cybersecurity deficiencies suggests that enforcement agencies and whistleblowers are focusing attention toward cybersecurity in life sciences and medical tech, but also reveals key unanswered questions about the legal viability of such allegations, say attorneys at Morgan Lewis.
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Demystifying The Civil Procedure Rules Amendment Process
Every year, an advisory committee receives dozens of proposals to amend the Federal Rules of Civil Procedure, most of which are never adopted — but a few pointers can help maximize the likelihood that an amendment will be adopted, says Josh Gardner at DLA Piper.
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How The 5th, DC Circuits Agreed On FCC Forfeiture Orders
The Fifth and D.C. Circuits split this year on the Federal Communications Commission's process for adjudicating enforcement actions, but both implicitly recognized the problem with penalizing a party based on a forfeiture order that has not yet been challenged in any way in court, says Jared Marx at HWG.