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Cybersecurity & Privacy
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August 19, 2025
Pa. Justices OK Lower Court's Test For When Posts Are Public
A split Pennsylvania Supreme Court endorsed a lower court's proposed test for whether an elected official's personal social media messages are subject to the state's open records law, with the majority agreeing the posts should only be considered public if they have the "trappings" of a government record.
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August 19, 2025
$150K Settlement Approved In Cohen Cleary Data Breach
A federal judge in Massachusetts filed an order last week granting final approval of a $150,000 settlement between law firm Cohen Cleary PC and a class of more than 12,000 former clients who sought relief after a 2022 cyberattack on the firm's computer systems.
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August 18, 2025
Meta Faces Senate Probe Over AI Chatbots' Talks With Kids
Republican Sen. Josh Hawley of Missouri has launched an investigation into how artificial intelligence-fueled chatbots being deployed by Meta interact with children, following reports that the social media giant internally approved rules that would enable these products to engage "romantic" and "sensual" exchanges with minors.
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August 18, 2025
NetChoice Expert Cut From La. Suit Amid AI Fabrication Claims
Tech trade group NetChoice confirmed Monday it's dropping an expert witness who filed a "misattributed" report in its lawsuit challenging a new Louisiana law that would restrict minors' access to social media, after the state's attorney general alleged the declaration contained "AI-fabricated quotations and citations."
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August 18, 2025
PepsiCo Lied About Disabling Website Cookies, Suit Says
PepsiCo Inc. and its Frito-Lay North America Inc. unit are letting third parties like Google and Facebook track browsing activities and collect the information of consumers who visit the food companies' websites, despite consumers selecting "no" to unnecessary cookies, a proposed class action in California federal court alleges.
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August 18, 2025
Catching Up With Delaware's Chancery Court
Executives and board members of Cencora Corp. tentatively settled a stockholder derivative suit for $111.25 million, VectoIQ board members reached a $6.3 million deal on stockholder claims over electric carmaker Nikola's prospects, and class attorneys who secured a $50 million derivative suit settlement saw their proposed 25% attorney fee cut by almost half. Here's the latest from the Delaware Chancery Court.
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August 18, 2025
Texas Investigates Meta Over AI Mental Health Services
The Texas attorney general said his office will investigate Meta AI Studio and Character.AI on allegations they are misleading consumers into thinking their chatbots are mental health tools, according to an announcement issued Monday, which also suggested the companies' activities may violate the state's privacy laws.
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August 18, 2025
IRS Sharing Tax Info With ICE Amid Legal Challenge
The Internal Revenue Service has begun sharing taxpayer return information with U.S. Immigration and Customs Enforcement, the government told a D.C. federal court, revising the tax agency's previous stance that it had not received or responded to any such requests.
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August 18, 2025
Insurer, Kennel Settle Coverage Dispute Over Nuisance Claims
A Hanover unit and a dog kennel have resolved a dispute over coverage for an underlying suit alleging that the kennel's expansion interfered with a Golden State community's rights of possession, according to a California federal court filing.
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August 18, 2025
LabMD Fights Dinsmore's Bid To Toss Malpractice Suit
Now-shuttered LabMD Inc. and its CEO are pushing back against a bid from Dinsmore & Shohl LLP and a legal nonprofit to have a malpractice suit in Georgia federal court tossed, saying they haven't abandoned the case but rather were delayed in pursuing arbitration because they were searching for "competent counsel."
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August 18, 2025
Whiteford Taylor Must Face Wire Fraud Malpractice Suit
A Maryland federal judge has declined to toss the majority of a malpractice and gross negligence suit brought by the founder of a construction company who accused his former business partners and their shared counsel of being partially to blame for hackers stealing his $4 million share of proceeds from the sale of their business.
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August 15, 2025
Feds Say $2.8M In Seized Crypto Linked To Ransomware Ploy
Federal prosecutors say they've seized $2.8 million in crypto from accounts controlled by an alleged ransomware attacker.
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August 15, 2025
Lee Subscribers Get Final OK For $9.5M Video Privacy Deal
An Iowa federal judge has given final approval to a $9.5 million deal to resolve a proposed class action accusing media company Lee Enterprises of illegally disclosing subscribers' video-viewing information to Meta, finding the agreement adequately addresses risks that both sides would have if litigation were to continue.
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August 15, 2025
DC Circ. Says $92M Sprint, T-Mobile Privacy Fine Is Here To Stay
The D.C. Circuit said no way Friday to knocking out $92 million in fines that T-Mobile and Sprint were slapped with for selling users' sensitive location data even after they knew the data was being used inappropriately, saying the fines accounted for the "egregiousness of their conduct."
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August 15, 2025
Mich. Bank Keeps Arbitration Win Against Scammed Law Firm
A marijuana industry-focused law firm must pay its bank nearly $373,000, a deficit sustained after a Nigerian scammer tricked the firm into cashing fraudulent Canadian checks, a Michigan appeals court ruled, rejecting arguments that the bank had a duty to protect the firm "from its own mistakes."
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August 15, 2025
Microsoft Unit Agrees To Pay $8.5M In MOVEIt Hack MDL
A Massachusetts federal judge has preliminarily signed off on an $8.5 million settlement reached between Nuance Communications and more than 1 million patients in multidistrict litigation over a 2023 malware attack that exploited a vulnerability in Progress Software's MOVEIt transfer file tool.
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August 15, 2025
NetChoice Sues Colo. Over Social Media Warnings For Minors
A trade association representing social media giants Meta, YouTube, Reddit and others claims a Colorado law set to go into effect next year that will require social media platforms to display warning messages for minors is compelled speech in violation of the First Amendment.
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August 15, 2025
Auto Shop Says Insurer Hasn't Paid $4.9M In Cyber Coverage
An auto repair company accused its cyber insurer in Illinois state court of withholding roughly $4.9 million in coverage over a "cyber event" in bad faith, adding it took nearly two years to receive coverage for "undisputed portions" of its total loss, with some portions still outstanding.
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August 15, 2025
NY Judge Orders Temu Users To Arbitrate Data Claims
A New York federal judge ordered a group of plaintiffs accusing online bargain app Temu of privacy violations to arbitrate their claims, saying an arbitration agreement in the company's terms is not unconscionable and that an arbitrator must determine the pact's scope.
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August 15, 2025
Judge Tosses GitLab Investors' AI Hype Suit
Software development collaboration platform GitLab has escaped a lawsuit accusing it of overhyping its artificial intelligence technology, but the California federal judge in charge of the case has given shareholders another chance to demonstrate just how the technology allegedly was not up to snuff.
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August 15, 2025
Production Co.'s Subpoena Over Pirated Film Fails At 9th Circ.
The film production company behind the 2022 film "Fall" on Friday lost its fight at the Ninth Circuit to force Cox Communications to hand over the names of a group of subscribers who allegedly were pirating copies of the film.
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August 15, 2025
NY Fines Insurer Healthplex $2M Over Cybersecurity Failures
A dental insurance provider has agreed to pay a $2 million penalty and undergo an audit of its multifactor authentication controls in order to resolve the New York financial regulator's claims that its failure to implement robust cybersecurity safeguards led to an email phishing attack that exposed customers' sensitive data.
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August 15, 2025
AT&T Seeks Approval To Halt Copper Service After Thefts
AT&T is asking the Federal Communications Commission for emergency authorization to suspend its copper-based phone legacy service for 22 customers outside Dallas, claiming that service outages were caused by a series of copper thefts from its facilities in June.
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August 15, 2025
3rd Circ. Won't Rehear Pa. County's Dominion Contract Suit
The Third Circuit has declined to revisit a ruling that a Pennsylvania county's commissioners lacked standing to sue Dominion Voting Systems over alleged security flaws during the 2020 election.
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August 15, 2025
Google Asks 9th Circ. To Rethink Play Store Antitrust Ruling
Google urged the Ninth Circuit to reconsider a panel's decision to affirm a jury's findings that it monopolized the Android app market, saying the panel made several missteps when evaluating the claims and contended the injunction issued as a result of the verdict goes too far.
Expert Analysis
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Gauging The Risky Business Of Business Risk Disclosures
With the recent rise of securities fraud actions based on external events — like a data breach or environmental disaster — that drive down stock prices, risk disclosures have become more of a sword for the plaintiffs bar than a shield for public companies, now the subject of a growing circuit split, say attorneys at A&O Shearman.
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Series
Playing The Violin Makes Me A Better Lawyer
Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.
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Employer Tips As Deepfakes Reshape Workplace Harassment
As the workplace harassment landscape faces the rising threat of fabricated media that hyperrealistically depict employees in sexual or malicious contexts, employers can stay ahead of the curve by tracking new legal obligations, and proactively updating policies, training and response protocols, say attorneys at Littler.
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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.