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Cybersecurity & Privacy
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May 30, 2025
'Not Sure It Fits': Google Judge Challenges DOJ AI Boost Idea
Generative artificial intelligence may be the future of online search, but a D.C. federal judge cast doubt Friday on the Justice Department's bid to force Google to share and syndicate its search results with companies like OpenAI as he mulls what remedies to impose against Google's search monopoly.
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May 30, 2025
Plaintiffs Appeal AI Sales Platform's Win In Identity Misuse Suit
A group claiming to be part of a database maintained by 6Sense, which uses artificial intelligence to help businesses with sales and marketing, are appealing to the Ninth Circuit the dismissal of their proposed class action accusing the company of unlawfully using their identities to promote its products and services.
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May 30, 2025
'Humongous' Apple Must Face Boosted 186M Antitrust Class
A California federal judge on Friday granted App Store users' request to amend their class definition in a yearslong antitrust fight against Apple, rejecting Apple's argument that the changes unfairly add millions of new members and noting that the 185.9 million-member class stems from the fact Apple is "humongous."
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May 30, 2025
NSO Wants New WhatsApp Hack Trial After Meta's $168M Win
Israeli spyware developer NSO Group has asked a California federal judge for a new trial to determine damages for installing spyware on 1,400 phones using Meta-owned WhatsApp, saying the punitive damages portion of a roughly $168 million award was egregious and revealed the jury's "general hostility" toward the company.
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May 30, 2025
Tornado Cash Judge Won't Order Review Of Feds' Evidence
A New York federal judge said Friday that she won't direct federal prosecutors to conduct a review for additional evidence in their case against Tornado Cash founder Roman Storm despite the defense's claims that a recent disclosure in a separate crypto mixer prosecution could impact Storm's defense.
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May 30, 2025
Google Must Turn Over Docs About Potential Ad Tech Breakup
A Virginia federal court granted a request from government agencies on Friday for internal Google LLC reports analyzing a potential breakup of its ad tech business, as the sides ready for a September trial to determine what remedies to impose on Google for monopolizing key ad tech markets.
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May 30, 2025
Recruiter Let Client Data Fall Into Hackers' Hands, Suit Says
A Georgia-based professional recruiting firm has been hit with a proposed class action from a man who says the company's lax cybersecurity standards led to a February data breach that compromised the personal information of thousands of current and former clients.
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May 30, 2025
Nationstar Sued After Data Exposure Of Loan Applicants
Nationstar Mortgage, doing business as Mr. Cooper, has been hit with a proposed class action in California federal court over its "widespread practice of disclosing" customers' private information to Meta, Google, Microsoft and other third parties without approval.
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May 30, 2025
Peet's Coffee, AddShoppers Beat Cert. Bid In Privacy Suit
A California federal judge refused to certify a proposed class action alleging AddShoppers and Peet's Coffee illegally tracked visitors' browsing activities to send targeted advertising emails, ruling Thursday that the named plaintiffs' claims are not typical of the groups they want to represent, since they did not receive emails about any products.
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May 30, 2025
'Spinning Wheels': Judge Laments 'No Progress' In Meta Case
A California federal judge indicated Friday that she'd order a Chinese information company to pay Meta's contempt motion fees after it failed to pay a $5.5 million default judgment for cybersquatting, but she complained that all involved are "spinning wheels here and spending attorneys fees and making no progress at all."
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May 30, 2025
Dissident Intelligence Worker Arrested Over Leak Attempt
Federal officers arrested a Defense Intelligence Agency info technology specialist who has criticized the Trump administration on criminal charges alleging he provided classified information to an undercover FBI agent posing as a foreign government official in exchange for foreign citizenship, the U.S. Department of Justice said Thursday.
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May 30, 2025
Google Nears Class Deal In Privacy Suit Over Recording Users
Google and a 30 million-strong consumer class have told a California federal judge they've made "substantial progress" in reaching a potential settlement that would "fully and finally" resolve a years-old action alleging Google Assistant-enabled devices surreptitiously recorded conversations to fuel its advertisement business and train machine-learning models.
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May 30, 2025
DC Circ. Keeps Block On Texas AG's Media Matters Probe
A D.C. Circuit panel on Friday upheld an order barring the Texas attorney general from demanding internal records from Media Matters about the left-leaning media watchdog's reporting on the social media platform X.
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May 30, 2025
$2M Settlement Between Patriots, App Users Gets Approval
A Massachusetts federal judge on Friday gave preliminary approval to a settlement of more than $2 million between the New England Patriots and fans who claimed the NFL team's app collected and shared their personal information.
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May 30, 2025
OFAC Sanctions Philippine Biz, Alleging Role In Cyber Scams
The Office of Foreign Assets Control has sanctioned a Philippines-based technology company for allegedly providing computer infrastructure to "hundreds of thousands" of websites involved in virtual currency scams, according to a statement.
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May 30, 2025
Off The Bench: NASCAR V. Crypto, Puig Doc, NCAA Eligibility
In this week's Off The Bench, NASCAR beats defamation claims from a cryptocurrency founder regarding the spurious value of the coin, former MLB star Yasiel Puig sues the media companies behind a series documenting his entanglements in a federal gambling probe, and a Seventh Circuit panel appears receptive to the NCAA's defense of its eligibility rules.
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May 30, 2025
Tax 'Magician' Gets 4 Years For $145M Return Fraud
A tax preparer who falsified returns to the tune of $145 million in tax losses to the federal government was sentenced to four years in prison — half of what prosecutors had pushed for — after telling a New York federal court that he meant to help poor customers.
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May 30, 2025
Troutman Taps New Leader For Gov't Contracts Group
Troutman Pepper Locke LLP added a government contracts pro from Arnold & Porter Kaye Scholer LLP, tapping him to lead the firm's government contracts practice group.
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May 29, 2025
LexisNexis Unit Hit With Class Actions Over 364K Data Breach
A LexisNexis unit was hit with at least two proposed class actions Wednesday in New York and Georgia federal courts by individuals who allege that their personally identifiable information was exposed during a massive data breach and that the company waited too long to inform them of the breach.
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May 29, 2025
Eyemart Shakes Suit Over Sharing Of Health Data With Meta
A Texas federal judge has tossed a proposed class action accusing Eyemart Express LLC of unlawfully sharing information about website visitors with Meta Platforms Inc., finding that the plaintiffs had failed to allege that any of their private health data had been sent to the social media platform.
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May 29, 2025
OPM Injunction Looms For DOGE Chaos, As Court Floats Deal
A Manhattan federal judge hinted she may grant an injunction against the U.S. Office of Personnel Management related to what she called a "rushed, indeed chaotic, grant of access" to sensitive information for agents of the Department of Government Efficiency, before urging the government to hammer out a deal with the union plaintiffs.
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May 29, 2025
TikTok Can't Duck NY Suit Over Kids' Mental Health
TikTok cannot escape claims brought by the state of New York accusing the social media platform of harming children's mental health, a state court ruled Thursday.
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May 29, 2025
China Unicom Will Stay On FCC 'Covered List'
The Federal Communications Commission has dashed China Unicom's hopes of being removed from the agency's so-called covered list, a list of companies whose telecommunications equipment the FCC says poses an unacceptable risk to national security.
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May 29, 2025
Restaurant Liable After Fraudster Steals $475K Settlement
A California appeals court has found in a case of first impression that a restaurant is responsible for $475,000 in settlement funds that its attorneys sent to a fraudster impersonating the other party in a personal injury suit, saying it missed a number of red flags in the impostor's correspondence.
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May 29, 2025
Deere Says No Monopoly, Seeks End Of Right-To-Repair Suit
Deere & Co. is pushing to end a suit from the Federal Trade Commission and five states alleging it violated the Sherman Act by restricting access to its repair tools and services, saying it doesn't participate in the repair market so it can't have a monopoly.
Expert Analysis
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Recent Cases Highlight Latest AI-Related Civil Litigation Risks
Ongoing lawsuits in federal district courts reveal potential risks that companies using artificial intelligence may face from civil litigants, including health insurance coverage cases involving contractual and equitable claims, and myriad cases concerning securities disclosure claims, say attorneys at Katten.
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What Rodney Hood's OCC Stint Could Mean For Banking
Acting Comptroller of the Currency Rodney Hood's time at the helm of the OCC, while temporary, is likely to feature clarity for financial institutions navigating regulations, the development of fintech innovation, and clearer expectations for counsel advising on related matters, say attorneys at Vedder Price.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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4 Actions For Cos. As SEC Rebrands Cyber Enforcement Units
As the U.S. Securities and Exchange Commission signals its changing enforcement priorities by retooling a Biden-era crypto-asset and cybersecurity enforcement unit into a task force against artificial-intelligence-powered hacks and online investing fraud, financial institutions and technology companies should adapt by considering four key points, say attorneys at Troutman.
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Class Actions At The Circuit Courts: March Lessons
In this month's review of class actions appeals, Mitchell Engel at Shook Hardy discusses three federal appellate court decisions and identifies practice tips from cases involving antitrust allegations against coupon processing services, consumer fraud and class action settlements.
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How Health Cos. Can Navigate Data Security Regulation Limbo
Despite the Trump administration's freeze on proposed updates to the Health Insurance Portability and Accountability Act security rule, there are critical cybersecurity steps healthcare organizations can take now without clear federal guidance, says William Li at Axiom.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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Cross-Border Lessons In Using Hague Evidence Convention
Recent case law demonstrates that securing evidence located abroad requires a strategic approach, including utilization of the Hague Evidence Convention and preparation to justify your chosen evidence-gathering path, say attorneys at Fish & Richardson.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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Unpacking First Consumer Claim Under Wash. Health Data Act
The first consumer class action claim filed under Washington's My Health My Data Act, Maxwell v. Amazon.com, may answer questions counsel have been contending with since the law was introduced almost a year ago, if the court takes the opportunity to interpret some of more opaque language, say attorneys at Polsinelli.
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Deficiency Trends In National Futures Association Exams
A recent notice from the National Futures Association outlining the most common deficiencies uncovered during exams gives member firms an opportunity to review prior guidance, particularly regarding the hot topic of implementing procedures governing the use of outsourced service providers, say attorneys at Akin.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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Why NY May Want To Reconsider Its LLC Transparency Law
Against the backdrop of the myriad challenges to the federal Corporate Transparency Act, it may be prudent for New York to reconsider its adoption of the LLC Transparency Act, since it's unclear whether the Empire State's "baby-CTA" statute is still necessary or was passed prematurely, say attorneys at Pillsbury.