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Cybersecurity & Privacy
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September 30, 2025
CFPB Looks To Save Renewed Experian Credit Reporting Suit
Consumer reporting agency Experian Information Solutions Inc. should not be allowed to escape certain Fair Credit Reporting Act allegations taking aim at its handling of consumer disputes, the Consumer Financial Protection Bureau has argued, asserting the parties made an "inadvertent mutual mistake" in leaving Experian's name off the parties' agreement to toll the CFPB's claims.
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September 30, 2025
Defamation Litigation Roundup: Trump, Baker McKenzie
In this month's review of defamation fights, Law360 reports the latest updates in President Donald Trump's suits against major news organizations over their reporting on his presidency and relationships, as well as developments in a voting machine company's suit against MyPillow's CEO over election-rigging claims.
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September 30, 2025
Undercover Cop's Nonwhite 'Bitmoji' May Be Bias, Court Says
A Massachusetts police department's use of a nonwhite "bitmoji" avatar while conducting gang surveillance on Snapchat could reasonably be viewed as selective enforcement, the state's high court said on Tuesday, in a case being watched by a coalition of criminal justice, civil liberties and privacy advocates.
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September 30, 2025
Calif. Agency Fines Retailer $1.35M Over Data Privacy Lapses
Rural lifestyle retailer Tractor Supply Co. will pay a record $1.35 million penalty and overhaul its data privacy practices to resolve the California privacy agency's claims that it failed to properly notify consumers and job applicants of their privacy rights, maintain adequate agreements with service providers and provide consumers with an effective way to stop the sharing and sale of their personal information, the regulator announced Tuesday.
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September 29, 2025
Meta Faces Sanctions Bid Alleging Co. Destroyed 'Taps' Data
Personal injury plaintiffs have urged a California state judge to sanction Meta Platforms Inc. in coordinated litigation over claims social media harms young users' mental health, alleging Meta willfully destroyed crucial time‑stamped "taps" data that captures users' taps, scrolls and swipes on Facebook and Instagram.
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September 29, 2025
Newsom Signs AI Law Requiring Guardrails, More Disclosures
California Gov. Gavin Newsom on Monday signed into law a bill that bolsters safety and disclosure requirements for artificial intelligence companies in the Golden State, a measure the governor said further establishes California as a leader in "safe, secure and trustworthy artificial intelligence."
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September 29, 2025
Google VP Says Ad Tech Breakup Has Risks For Publishers
A Google LLC executive tried to convince a Virginia federal judge Monday that the U.S. Justice Department has the company's advertising placement technology business backward, arguing that instead of helping website publishers, the breakup sought by the government would cost time and money, while artificial intelligence is scrambling prospects too much to warrant greater intervention.
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September 29, 2025
Meta Ducks Antitrust Suit As Economist's Opinions Excluded
A California federal judge on Monday freed Meta from an antitrust lawsuit that accused it of monopolizing an asserted market for personal social networking, saying Facebook users failed to prove the existence of an antitrust injury, with or without help from an expert witness.
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September 29, 2025
Chess Website Can't Dodge Suit Over Video Data-Sharing
An Illinois federal judge has refused to ax a proposed class action accusing Chess.com LLC of illegally sharing information about website visitors' video-viewing activities, finding that the plaintiff qualified as a "consumer" and met two other necessary elements to assert a claim under the Video Privacy Protection Act.
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September 29, 2025
Resort Co. Loses TCPA Suit Targeting Unsolicited Promo Calls
Club Exploria LLC lost its bid to compel arbitration in a class action targeting unsolicited telemarketing calls when an Illinois federal judge favored instead the lead plaintiff's bid for a quick win on his claim that the resort company violated the Telephone Consumer Protection Act.
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September 29, 2025
Insurer Loses Bid To Ax Coverage Of $1.35M Wire Loss Fight
An Arizona federal court on Monday tossed an insurer's action seeking to avoid covering a brokerage firm in an underlying state court suit alleging it caused an audio company's buyer to lose $1.35 million through an incorrect wire transaction, finding both cases turn on the same factual issues.
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September 29, 2025
Meta Stole Plan For Instagram Shopping, Antitrust Suit Alleges
A British company Friday sued Meta Platforms Inc. in California federal court, claiming the tech giant was only able to build Instagram Shopping and create a "Meta monopoly" over the tag-based shopping market by secretly stealing the startup's proprietary business plan and exploiting its social network dominance.
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September 29, 2025
Ill. Judge Trims Suit Over Chicago Children's Hospital Hack
Patients and patrons of Lurie Children's Hospital in Chicago whose personal information was allegedly compromised in a hack can pursue their claim that the hospital's negligent data security practices led to the exposure, but an Illinois federal judge dismissed most of their other claims.
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September 29, 2025
MyPillow CEO Defamed Smartmatic, Minn. Judge Rules
MyPillow CEO Mike Lindell defamed Smartmatic when he accused the voting systems company of rigging votes in the 2020 election to favor President Joe Biden, a Minnesota federal judge ruled, but issues of damages and whether the statements were made with malice will need to be worked out by a jury.
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September 29, 2025
TikTok Can't Use Section 230 To End NJ AG's Harm Suit
A New Jersey state court judge has rejected TikTok's bid to use an internet safety law carveout that shields publishers of third-party information to end Attorney General Matthew Platkin's lawsuit over the exploitation of children, reasoning that the alleged harm stems from the social media app's design rather than what users view.
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September 29, 2025
NY's Top Financial Services Regulator Is Stepping Down
The head of the New York State Department of Financial Services is stepping down next month and will be replaced on an interim basis by the chief of its fintech-focused innovation division, New York Gov. Kathy Hochul said Monday.
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September 26, 2025
Meta Set To Appeal Flo Privacy Verdict As Users Seek Billions
Meta is gearing up to appeal a California federal jury verdict that found it liable for using a data analytics tool to illegally retrieve sensitive health data from users of the popular menstrual tracking app Flo, the company disclosed in a posttrial filing in which the plaintiffs separately asked the court to award statutory damages that could reach the billions.
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September 26, 2025
Trump Demands Microsoft Fire Ex-Biden Deputy AG Monaco
President Donald Trump on Friday demanded that Microsoft fire its new President of Global Affairs Lisa Monaco, deputy attorney general in the Biden administration and homeland security adviser in the Obama administration, in what seems to be the president's latest effort to exact revenge on his perceived political enemies.
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September 26, 2025
Ad Tech Judge Told Google Shouldn't Control Auctions
The head of an industry consortium that could have an important role in breaking up Google's advertising placement technology business told a Virginia federal judge Friday that the Justice Department should be able to take away Google's control over the processes that pick where ads are placed.
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September 26, 2025
Google Asks High Court To Pause Epic Play Store Order
Google has asked the U.S. Supreme Court to pause parts of the order won by Epic Games in its antitrust case targeting the tech giant's app store policies, saying the sweeping injunction threatens to create security and privacy concerns for millions of users.
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September 26, 2025
Conn. Psych Facility Faces Class Claims Over Data Breach
A residential psychiatric treatment facility in Connecticut fell victim to a cyberattack that exposed the personal information of more than 5,000 current and former patients and employees, according to a putative class action that alleges The Children's Center of Hamden Inc. was negligent with its data security.
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September 26, 2025
Fla. Urges 11th Circ. To Remand Snap Inc. Suit To State Court
The Florida Office of the Attorney General urged the Eleventh Circuit to undo an order blocking enforcement of a law that requires Snap Inc. to limit teens' access to the platform, arguing the case belongs in state court.
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September 26, 2025
Oldies.com Class Claims Over Video-Buying Info Kept Alive
A Pennsylvania federal judge has ruled that online video seller oldies.com must face a customer's proposed class action claiming it unlawfully disclosed his personal viewing information, finding he adequately showed the website violated the Video Privacy Protection Act.
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September 26, 2025
FCC Rejects More Equipment Labs Tied To Adversaries
The Federal Communications Commission said Friday it had blocked more labs tied to foreign adversaries from its equipment authorization program.
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September 26, 2025
Texas' Eastern District Tightens Sealed-Document Procedures
Chief U.S. District Judge Amos L. Mazzant III of the Eastern District of Texas issued new protocols Wednesday for filing sealed documents that will prohibit electronic access effective immediately, a move that comes amid escalating cyberattacks on the federal judiciary's case management system.
Expert Analysis
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Series
NY Banking Brief: All The Notable Legal Updates In Q2
In the second quarter of the year, New York utilized every available tool to fill gaps left by federal retrenchment from consumer finance issues, including sweeping updates to its consumer protection framework and notable amendments to cybersecurity rules, say attorneys at Steptoe.
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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.