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Cybersecurity & Privacy
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September 15, 2025
Appeals Panel Says Wash. Spam Law Covers Recruiter Texts
A Washington Court of Appeals panel said Monday that the state's commercial email prohibition extends to "text messages sent to further the growth or prosperity of a business," finding logistics company CRST broke the law by sending unsolicited recruitment texts to contractors.
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September 15, 2025
Security Industry Group Calls 900 MHz Redo Idea Disruptive
A security industry group warned the Federal Communications Commission that a revamp of lower 900 megahertz spectrum for an Earth-based broadband and GPS backup built by NextNav Inc. could disrupt an array of critical services.
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September 15, 2025
Engineer Who Tried To Pass Secrets To Russia Gets 10½ Years
A onetime defense contractor who held national security clearances will spend more than a decade in prison after he admitted to trying to help Russia and disclosing information about U.S. fighter jets to an undercover FBI agent, federal prosecutors said Monday.
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September 15, 2025
Feds Say Surveillance Court Cleared Latest FISA Certifications
A Foreign Intelligence Surveillance Court judge approved the U.S. government's latest round of certifications to collect overseas intelligence on international terrorism, weapons of mass destruction and foreign governments, according to the Office of the Director of National Intelligence.
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September 15, 2025
Judge Says Key DOJ Ad Tech Expert Has Little Experience
A Virginia federal judge signaled trouble ahead Monday for U.S. Department of Justice efforts to paint the sought breakup of Google's advertising placement technology business as technically feasible, asserting during a hearing that a key government witness appears to have little relevant experience to address the question.
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September 15, 2025
US, China Agree On TikTok Ownership Transfer, Bessent Says
The U.S. and China established a commercial framework for a deal with video sharing giant TikTok to transfer ownership of the app to the U.S., just days before a deadline to sell the app or shut it down, U.S. Treasury Secretary Scott Bessent told reporters at a press conference in Madrid on Monday.
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September 15, 2025
FCC Knocks Provider Off Anti-Robocall Database For Lying
Yet another voice service provider has been blocked from U.S. networks after the Federal Communications Commission said that the company submitted false information to the agency's robocall mitigation database.
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September 15, 2025
Insurance Agency Says It's Not Liable For Lack Of Coverage
An insurance agency told a Pennsylvania state court that it can't be held liable for a furniture company's roughly $534,000 cyber loss, arguing that under state law, there is "no common law duty to advise, inform, or recommend optional coverage to the insured."
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September 12, 2025
Calif. Sends Groundbreaking Data Use Opt-Out, AI Bills To Gov.
The California Legislature has approved several cutting-edge measures to boost online data privacy and safety protections for consumers, including proposals that would require browser operators such as Apple and Google to enable users to easily stop the sale and sharing of their personal data across websites and push AI-powered "companion" chatbot providers to implement safeguards.
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September 12, 2025
Dentons Ducks Chinese Vape-Maker's Hacking Suit
Dentons has officially escaped allegations it helped the founder of vape distributor Next Level sabotage and usurp manufacturer Avid Holdings' brand, in part by hacking into its founder's laptop to access confidential information, according to newly filed documents.
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September 12, 2025
Disney Sees Another Class Claim Over Child Privacy Practices
Disney invaded the privacy of millions of children by failing to appropriately tag its YouTube videos as "made for kids" and thus allowing the collection of minors' personal data and location information, according to a proposed class action in Washington federal court.
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September 12, 2025
Targeting 'Bad Labs' Based Only On Location Called Bad Idea
Several top telecom trade groups have come together to tell the FCC that its plan to ban Chinese test labs and certification bodies from being used on devices destined for the United States will cost a lot and cause much disruption, "without delivering commensurate security benefits."
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September 12, 2025
23AndMe Inks $3.25M Data Breach Deal With Canadian Users
23andMe has asked a Missouri bankruptcy judge to approve a $3.25 million settlement reached with a class of 300,000 Canadian citizens whose information was compromised following a cybersecurity breach, touting the deal as an "excellent result" considering limited funds available and other issues implicated by the company's bankruptcy proceedings.
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September 12, 2025
9th Circ. Rejects Rethink, Unpauses Google Play Store Order
The countdown for Google to open up the Play Store is ticking down again after the Ninth Circuit again affirmed district court monopolization findings.
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September 12, 2025
John Deere Rival Won't Get Redo On Safeguards In FTC Case
An Illinois federal court on Thursday refused a bid from a Deere & Co. competitor asking for reconsideration of an order denying a bid to block the distribution of confidential information produced during the Federal Trade Commission's right-to-repair investigation into the farming equipment company.
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September 12, 2025
Apple Lets Thieves Drain Unsecured Gift Cards, Suit Alleges
Apple assures customers that its gift cards can be securely purchased and redeemed for various products, but the tech company's lack of "simple and commonsense security measures" allows thieves to drain activated cards before customers can use them, alleges a proposed class action in California federal court.
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September 12, 2025
Taylor Swift Will Only Sit For 'It Ends With Us' Depo If 'Forced'
Taylor Swift's counsel at Venable LLP told a Manhattan federal judge Friday that the pop superstar has not agreed to be deposed in actress Blake Lively's defamation case against her "It Ends With Us" co-star Justin Baldoni, but could do so the week of Oct. 20 "if she is forced."
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September 12, 2025
Frost Adds In-House Compliance Pro As New Group Leader
Frost LLP has added an experienced former chief compliance officer and in-house counsel to serve as the leader of its new investigations, compliance and privacy practice.
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September 12, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen former Master Chef presenter Gregg Wallace sue the BBC, Elon Musk's xAI take legal action against a staff engineer, and fashion mogul Kevin-Gerald Stanford file a fresh claim against Lion Capital-owned Klotho and EY amid a long-running All Saints share acquisition dispute.
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September 11, 2025
4th Circ. Uneasy Weighing SSA Data Case After Justices' Stay
The full Fourth Circuit on Thursday seemed inclined to maintain the government's access to U.S. Social Security Administration records since the U.S. Supreme Court granted the same relief in an emergency order, but also noted that the justices left them bereft of a blueprint for evaluating the merits of that access.
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September 11, 2025
FTC Presses OpenAI, Meta On AI Chatbots' Impact On Kids
The Federal Trade Commission is seeking information from Meta, OpenAI, Google and four others about the steps they're taking to measure and monitor the potentially negative impacts that AI-powered chatbots that are designed to act as companions are having on children and teens, the agency revealed Thursday.
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September 11, 2025
Users Accuse Encyclopaedia Britannica Of Privacy Invasion
Encyclopaedia Britannica website users have sued the digital reference platform in federal court on claims that it violates the California Invasion of Privacy Act by closely tracking their online activity and selling that information to third parties, including Facebook.
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September 11, 2025
T-Mobile Settles With FCC Over Unapproved Phone Rollout
T-Mobile has reached an agreement with the Federal Communications Commission to resolve allegations that it began marketing a new cellphone model before getting a green light in the FCC's equipment testing process.
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September 11, 2025
$8.7 Million Data Breach Deal Gets Preliminary Approval
A human resources and employee benefits management company moved one step closer to resolving a consolidated, proposed class action over a data breach that affected roughly 580,000 individuals as a California federal court gave preliminary approval to an $8.7 million settlement.
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September 11, 2025
FCC Warns Cable, Prime Customers Of Scam Offering 50% Off
Comcast and Amazon won't offer customers discounts on their subscription if they pay in gift cards, the Federal Communications Commission is warning after noticing the proliferation of a new scam claiming that a "50% discount on your monthly bill is set to expire."
Expert Analysis
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How Banks Can Harness New Customer ID Rule's Flexibility
Banking regulators' update to the customer identification process, allowing banks to collect some information from third parties rather than directly from customers, helps modernize anti-money laundering compliance and carries advantages for financial institutions that embrace the new approach, say attorneys at Bradley Arant.
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Series
Playing Soccer Makes Me A Better Lawyer
Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo.
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How Trump Cybersecurity EO Narrows Biden-Era Standards
President Donald Trump recently signed Executive Order No. 14306, which significantly narrows the scope and ambition of a Biden executive order focused on raising federal cybersecurity standards among federal vendors, say attorneys at Jenner & Block.
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Opinion
The SEC Should Embrace Tokenized Equity, Not Strangle It
The U.S. Securities and Exchange Commission should grant no-action relief to firms ready to pilot tokenized equity trading, not delay innovation by heeding protectionist industry arguments, says J.W. Verret at George Mason University.
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And Now A Word From The Panel: Back In Action
A lack of new petitions at the May hearing session of the Judicial Panel on Multidistrict Litigation caught many observers' attention — but a rapid uptick in petitions scheduled to be heard at this week's session illustrates how panel activity always ebbs and flows, says Alan Rothman at Sidley.
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Compliance Changes On Deck For Banks Under Texas AI Law
Financial services companies, including banks and fintechs, should evaluate their artificial intelligence usage to prepare for Texas' newly passed law regulating AI governance, noting that the enforcement provisions provide for an affirmative defense to liability, say attorneys at Mitchell Sandler.
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Series
Law School's Missed Lessons: Learning From Failure
While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.
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23andMe Fine Signals ICO's New GDPR Enforcement Focus
Many of the cybersecurity failures identified by the Information Commissioner’s Office in its investigation of 23andMe, recently resulting in a £2.3 million fine, were basic lapses, but the ICO's focus on several new U.K. General Data Protection Regulation considerations will likely carry into the future, say lawyers at Womble Bond.
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Midyear Rewind: How Courts Are Reshaping VPPA Standards
The first half of 2025 saw a series of cases interpreting the Video Privacy Protection Act as applied to website tracking technologies, including three appellate rulings deepening circuit splits on what qualifies as personally identifiable information and who qualifies as a consumer under the statute, say attorneys at Perkins Coie.
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How The Healthline Privacy Settlement Redefines Ad Tech Use
The Healthline settlement is the first time California has drawn a clear line in the sand around how website tracking must function in practice, so if your site uses tracking technologies, especially around sensitive content like health or finance, regulators are inspecting your website's back end, not just its banner, say attorneys at Baker Donelson.
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Series
Adapting To Private Practice: From ATF Director To BigLaw
As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.
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New DOJ Penalty Policy Could Spell Trouble For Cos.
In light of the U.S. Department of Justice’s recently published guidance making victim relief a core condition of coordinated resolution crediting, companies facing parallel investigations must carefully calibrate their negotiation strategies to minimize the risk of duplicative penalties, say attorneys at Debevoise.
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5 Consumer Protection Compliance Issues In NY State Budget
Companies that engage with New York consumers should promptly familiarize themselves with new state budget provisions that require finance and retail companies to make certain business practices more transparent and easier for customers to execute, say attorneys at Mintz.
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Balancing The Promises And Perils Of Tokenizing Securities
Tokenizing listed securities offers the promise of greater efficiency, accessibility and innovation, but a recent U.S. Securities and Exchange Commission statement makes clear that the federal securities laws continue to apply to tokenized securities, so financial institutions and technology developers must work together to create clear rules, say attorneys at Orrick.
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High Court Cert Spotlights Varying Tests For Federal Removal
A recent decision by the U.S. Supreme Court to review Chevron v. Plaquemines Parish, a case involving the federal officer removal statute, highlights three other recent circuit court decisions raising federal removal questions, and serves as a reminder that defendants are the masters of removal actions, says Varun Aery at Hollingsworth.