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Cybersecurity & Privacy
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April 18, 2025
Suit Says Loyola Enabled Ex-Michigan Coach's Alleged Hack
A former Loyola University Chicago athlete filed a proposed class action accusing an ex-University of Michigan football coach of orchestrating a years-long cyber sexual assault by hacking into university athletic databases and stealing intimate photos and medical data of over 150,000 students, and asserting that the university and its vendor enabled the breach.
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April 18, 2025
How Manatt Beat A Crypto Trader's 'Code As Law' Defense
After a crypto user exploited a software bug to create millions of dollars' worth of new tokens from a blockchain network, a Manatt Phelps & Phillips LLP team defeated his claim to the tokens — and won an award worth millions — by showing that faulty code can't stand in for rule of law.
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April 18, 2025
Unions Score Injunction To Stop DOGE's Access To SSA Data
The Social Security Administration cannot give Elon Musk's Department of Government Efficiency access to personal data within the agency's system, a Maryland federal judge ruled, saying the government "cannot flout" federal privacy law while granting an injunction to unions and a retiree advocacy group.
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April 17, 2025
FTC To Narrow Data Privacy Scope As Uncertainties Loom
The Republican-led Federal Trade Commission is poised to pursue a data privacy agenda focused on established harms and statutory authorities rather than ambitious rulemaking, although the recent firing of two commissioners casts doubt on the long-term viability of these actions and the future of a crucial transatlantic data transfer pact.
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April 17, 2025
Sandberg Says FTC Market View Makes No Sense In Meta Case
Meta Platforms' former longtime board member and Chief Operating Officer Sheryl Sandberg pushed back Thursday on crucial Federal Trade Commission arguments trying to shape the market the social media giant is accused of monopolizing, criticizing a friends and family definition the FTC is using to exclude TikTok as a competitor.
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April 17, 2025
Judge Grants Reduced Atty Award in Bowling Alley Chain Suit
A Virginia federal judge trimmed just over $150,000 in attorney fees requested by a bowling alley chain after winning summary judgment in a suit against its former chief information officer, whom it accused of hacking into its computer system and CEO's email.
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April 17, 2025
Planned Parenthood Patients Sue Lab Co. Over Data Breach
A Washington state-based diagnostic testing services provider for Planned Parenthood has been hit with a pair of proposed class actions in Seattle federal court over an October data breach that reportedly impacted as many as 1.6 million people.
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April 17, 2025
Prudential Financial Beats Certified Privacy Class Action
A California federal judge on Thursday entered a summary judgment favoring Prudential Financial and a software vendor in a certified class action accusing them of illegally recording consumer information in violation of the state's invasion of privacy law, finding that no evidence showed the vendor read or tried to read customers' communications.
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April 17, 2025
Wash. Justices Back Consumers In Old Navy Spam Email Suit
Washington's highest court said in a 5-4 ruling Thursday that the state's spam law bars commercial emails that include any false information in their subject lines, endorsing two consumers' broader interpretation of the statute in a proposed class action against Old Navy.
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April 17, 2025
Litigation Funder Sued In NC Over Data Breach
Companies that offer medical lien and presettlement funding for personal injury plaintiffs were hit Thursday with a proposed class action accusing them of allowing hackers to obtain the sensitive data of "thousands to tens of thousands" of clients, according to a complaint filed in North Carolina federal court.
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April 17, 2025
Robocall Arb. Denied Despite Alleged Recording Of Consent
A federal judge declined to force a Tennessee man into arbitration in his suit accusing a health insurance brokerage of making illegal robocalls, ruling that the plaintiff had created enough doubt to get to trial.
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April 17, 2025
Think Tank Urges FCC To Drop $4.5M Fine Against Telnyx
A think tank claimed Thursday the Federal Communications Commission went too far when floating a nearly $4.5 million fine against a telecom for alleged robocall violations and that due process concerns call for rescinding the penalty.
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April 17, 2025
Mercer University's Data Breach Settlement Gets Final OK
Mercer University and a group of former students and a professor got final approval Thursday for a settlement that will end claims the university failed to safeguard the personal information of some 93,000 people leading up to a 2023 data breach.
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April 17, 2025
SolarWinds Sued For Docs On $4.4B Take-Private Deal
Citing company controller clout and alleged minority stockholder sidelining, a SolarWinds Corp. stock-owning trust has sued in Delaware's Court of Chancery for documents related to the company's $4.4 billion, $18.50-per-share take-public deal from Turn/River Capital LP.
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April 17, 2025
AFL-CIO, Unions Can Pursue Some DOGE Access Claims
The AFL-CIO, unions and advocacy groups may pursue allegations that Elon Musk's Department of Government Efficiency lacks the power to access data from the U.S. Department of Labor and other federal agencies, a D.C. federal judge ruled while tossing some claims under federal administrative and privacy law.
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April 17, 2025
Yale Health System Faces Class Claims Over Data Breach
Connecticut's largest healthcare system failed to properly secure patients' personal information ahead of a data breach in March that may have affected millions of people, according to three proposed class actions.
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April 17, 2025
NJ Says Discord Misled Public About Messaging App's Safety
New Jersey Attorney General Matt Platkin alleged in a complaint Thursday that popular messaging app Discord has misled kids and parents for years about the app's safety, leaving children vulnerable to harassment, abuse and sexual exploitation.
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April 16, 2025
Accellion Breach Victims Fight Uphill To Get Class Cert.
A California federal judge Wednesday doubted whether a class of 5 million individuals could be certified on claims that file-sharing software-maker Accellion negligently failed to protect against cyberattacks in light of the high court's TransUnion ruling, adding that it would be a "Herculean task" to determine certain classwide damages.
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April 16, 2025
Zuckerberg Calls TikTok Meta's 'Highest Competitive Threat'
Meta Platforms Inc. CEO Mark Zuckerberg pushed back Wednesday on Federal Trade Commission efforts to cabin the company's allegedly monopolistic social media dominance into a market that excludes TikTok and YouTube, telling a D.C. federal judge video has become the new predominant form of social media interaction.
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April 16, 2025
Computer Equipment Co. Wants Suit Over Sales Decline Axed
Cloud network equipment company Extreme Networks Inc. has asked a federal judge in California to toss a lawsuit alleging it misled investors about its financial prospects and declining client demand during the COVID-19 pandemic, arguing the existence of undisclosed information, by itself, is not misleading.
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April 16, 2025
Staffing Co. To Pay $1.5M To End Ill. Bio Privacy Suit
Staffing and payroll provider DX Enterprises Inc. has reached a $1.52 million deal to end claims that it collected without written consent worker fingerprints that it used to track when laborers punched into and out of a job, with an Illinois federal judge granting final approval.
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April 16, 2025
Blue Shield Of California Sued Over Google's Patient Data Use
Blue Shield of California was slapped with a putative class action in California state court Monday, days after the health insurer announced that the personal data of some of its patients had been "impermissibly" shared due to its use of Google Analytics on its websites.
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April 16, 2025
Limits On Conn. Biz Law Stay In Effect In Sandy Hook Case
A Connecticut appeals court's $150 million paring of a $1.44 billion judgment against Infowars host Alex Jones for defaming the Sandy Hook Elementary School shooting victims' families was a shift away from a broader view of the state's most popular business litigation statute, several experts told Law360.
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April 16, 2025
Lindell Claims 'I'm In Ruins,' Can't Pay Smartmatic Sanctions
MyPillow CEO Mike Lindell told a D.C. federal judge that he has "no money" to pay the $56,369 in sanctions he was ordered to for filing third-party counterclaims against election systems company Smartmatic, saying Wednesday that he is "in ruins."
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April 16, 2025
Ohio's 'Breathtakingly Blunt' Social Media Age Limit Law Axed
Ohio's law requiring social media companies to obtain parental consent before allowing a child under the age of 16 to make an account has been struck down after a federal judge said the legislation "fails to pass constitutional muster and is constitutionally infirm."
Expert Analysis
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The 7th Circ.'s Top 10 Civil Opinions Of 2024
Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.
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Kansas Bank's Suit Could Upend FDIC Enforcement Authority
Should CBW Bank's federal lawsuit in Kansas challenging the Federal Deposit Insurance Corp.'s enforcement authority gain traction with a post-Chevron U.S. Supreme Court, it could have profound implications for the FDIC and the banking industry at large, says Jack Harrington at Bradley Arant.
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FTC Report On AI Sector Illuminates Future Enforcement
The Federal Trade Commission's report on cloud service providers and their partnerships with developers of artificial intelligence's large language models suggests that the agency will move to rein in Big Tech with antitrust enforcement to protect startups, say attorneys at Squire Patton.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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How Fintechs Can Respond To New CFPB Supervisory Rule
Even though a new Consumer Financial Protection Bureau rule pulling large payment apps into supervision faces an uncertain fate in the new administration, providers should still examine the rule's definitions and prepare for increased compliance costs and more consumer-friendly practices, say attorneys at DLA Piper.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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Predicting Where State AGs Will Direct Their Attention In 2025
In 2025, we expect state attorneys general will navigate a new presidential administration while continuing to further regulate and police financial services, artificial intelligence, junk fees and antitrust, say attorneys at Troutman Pepper.
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3 Noteworthy Effects Of The 2025 NDAA
The 2025 defense budget includes further restrictions on semiconductor sales to Huawei, requiring companies to rethink customer-base oversight, but other provisions are likely to broaden procurement contract opportunities, say attorneys at Miles & Stockbridge.
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The Blueprint For A National Bitcoin Reserve
The new administration has the opportunity to pave the way for a U.S.-backed crypto reserve, which could conceptually function as a strategic asset akin to traditional reserves like gold markets, hedge against economic instability, and influence global crypto adoption, say attorneys at Duane Morris.
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FTC Privacy Enforcement Takeaways From 2024
In 2024, the Federal Trade Commission distinguished three prominent trends in its privacy-related enforcement actions: geolocation data protections, data minimization practices, and artificial intelligence use and marketing, say Cobun Zweifel-Keegan at IAPP and James Smith at Dechert.
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Student Loan Entities In Hot Seat After CFPB Goes To College
While the direction of student loan servicer oversight in the new presidential administration is unclear, recent Consumer Financial Protection Bureau actions still signal heightened regulatory scrutiny at both the federal and state levels of college institutional loan programs, along with their service providers, says attorney Jonathan Joshua.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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How DOGE's Bite Can Live Up To Its Bark
All signs suggest that the Department of Government Efficiency will be an important part of the new Trump administration, with ample tools at its disposal to effectuate change, particularly with an attentive Republican-controlled Congress, say attorneys at K&L Gates.
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2024 Was A Significant Year For HIPAA Compliance
The Office of Civil Rights' high level of Health Insurance Portability and Accountability Act activity in 2024 and press releases about its specific focus on certain cybersecurity issues make it abundantly clear that the OCR is not going to tolerate widespread compliance complacency, says Nathan Kottkamp at Williams Mullen.