Cybersecurity & Privacy

  • July 22, 2025

    Fair Use Carveout Applies To Med Device Repairs, Judge Says

    A D.C. federal judge has shot down two industry groups' challenge to a rule that placed medical device diagnostic procedures and repairs under fair use copyright exceptions, saying all of their challenges under the Administrative Procedure Act were unpersuasive.

  • July 22, 2025

    Antitrust Fight Over Puerto Rico Baseball Partially Revived

    The First Circuit has affirmed the dismissal of federal antitrust claims from the former owner of a Puerto Rico-based baseball team over a league's efforts to remove him, citing the longstanding U.S. Supreme Court exemption for the sport, but revived claims under local antitrust law.

  • July 22, 2025

    Judge OK To Make Own ID Of Bank Robber, 9th Circ. Rules

    A San Diego bank robber did not have his right to a fair trial violated when the judge trying his case used her own judgment to identify him as the person shown committing the crimes in surveillance video, the Ninth Circuit ruled Tuesday.

  • July 22, 2025

    Samourai Wallet Execs Could Explore Plea Deals, Judge Says

    Two Samourai Wallet executives accused of using the crypto-mixing service to facilitate $2 billion in illegal transactions denied charges in an updated indictment Tuesday, before a Manhattan federal judge suggested they could explore plea talks ahead of their November trial.

  • July 22, 2025

    FCC Urged To Exempt Private Networks In Foreign Owner Rule

    Private networks that offer public safety and industrial communications shouldn't be required to fill out new paperwork saying they aren't under the thumb of foreign adversaries, a nonprofit group told the Federal Communications Commission.

  • July 22, 2025

    Rising Star: Morgan & Morgan's Patrick Barthle

    Patrick Barthle of Morgan & Morgan PA has secured major client wins in high-profile data breach cases, including a $190 million settlement for 98 million Capital One customers, earning him a top spot as one of the cybersecurity and privacy attorneys under 40 honored by Law360 as Rising Stars.

  • July 22, 2025

    EU Deepens Look Into Universal Music $775M Downtown Deal

    European Union antitrust enforcers kicked off an in-depth probe Tuesday into Universal Music Group's bid to buy Downtown Music Holdings, raising concerns that the $775 million transaction could give UMG access to the "commercially sensitive data of its rival record labels" held by Downtown.

  • July 21, 2025

    Meta Took Data Of 30M Women From Menstrual App, Jury Told

    Meta illegally took private health information from over 30 million women who used Flo Health's menstrual cycle app, a lawyer for the plaintiffs told a California jury Monday during opening statements in their privacy class action against the social media giant and the app-maker.

  • July 21, 2025

    Trump Asks DC Circ. To Block FTC Dem's Reinstatement

    The Trump administration on Monday asked the D.C. Circuit to pause a Thursday order restoring a fired Federal Trade Commission Democrat's job, arguing that the ruling defies recent U.S. Supreme Court orders staying similar reinstatements at other independent agencies.

  • July 21, 2025

    The Biggest Telecom Developments Of 2025: Midyear Report

    It's been a headline-grabbing year in communications law so far, with the U.S. Supreme Court handing down a major win for federal programs that help pay for broadband deployment and a new Republican chief at the nation's telecom agency ushering in a rule-slashing agenda.

  • July 21, 2025

    CFPB Ends VyStar Consent Order After $1.5M Penalty Paid

    The Consumer Financial Protection Bureau disclosed Monday that it has ended another Biden-era consent order, this time with VyStar Credit Union, which the agency said has paid the seven-figure penalty that was imposed against it last year.

  • July 21, 2025

    Forescout To Pay $45M To Settle Merger Disclosure Suit

    Cybersecurity company Forescout has inked a $45 million deal with investors to settle claims that it deceived investors about the terms of a botched merger several years ago.

  • July 21, 2025

    Stablecoin Treasury Co. To Go Public In $360M SPAC Deal

    A company intending to give investors exposure to the stable-value token Ethena intends to list on Nasdaq as StablecoinX Inc. via a special purpose acquisition deal that will take it public and provide $360 million to build a treasury of the stablecoin, making it one of at least three firms to tout the adoption of a crypto-focused treasury strategy on Monday.

  • July 21, 2025

    House GOP Would Cut SEC Funds, Curb Cyber Breach Rule

    House Republicans are seeking to cut the U.S. Securities and Exchange Commission's budget by 7% in the upcoming fiscal year, presenting a plan that could also undercut a Biden-era regulation requiring publicly traded companies to quickly report cybersecurity breaches.

  • July 21, 2025

    Copyright And TM Cases To Watch In The Second Half Of 2025

    The U.S. Supreme Court will evaluate contributory liability in a $1 billion copyright case involving internet service providers, and the Federal Circuit will assess the latest attempted trademark registration testing the U.S. Patent and Trademark Office's comfort with profanity. Here are the copyright and trademark cases to watch for the rest of the year.

  • July 21, 2025

    Huawei Chips Block Some TVs' NextGen Signals, FCC Told

    Pearl TV is calling on SiliconDust to remove Huawei-made components from its products, which rebroadcast TV signals from viewer antennas over home networks, saying the chips in its HDHomeRun Flex devices are unable to broadcast certain Next Generation TV programming.

  • July 21, 2025

    Sens. Float Bill To Protect Against AI Data Piracy

    Federal lawmakers said Monday that they are floating a measure that would give creators the right to sue companies that use their work to train artificial intelligence models without their permission, a move that comes amid concerns over AI and intellectual property.

  • July 21, 2025

    Ky. AG Sues Temu For 'Stealing' User Data

    Kentucky Attorney General Russell Coleman has brought a lawsuit in state court against Chinese bargain-shopping app Temu, accusing it of illegally "stealing" customer data without their knowledge and allowing the Chinese Communist Party to access the information.

  • July 21, 2025

    Pa. Hospital Can Shield Some Docs In Birth Injury Suit

    A Pennsylvania state appeals panel won't force a hospital to turn over all of its internal reports in a suit by parents alleging that the hospital's negligence led to their son's injuries at birth, finding that the hospital sufficiently showed that two of the three contested files are privileged.

  • July 21, 2025

    Builder Accuses NC County Of Losing $1.3M In Phishing Scam

    A general contractor is suing to recoup the cost of renovating a county administrative building in eastern North Carolina after local officials fell for a phishing scam and sent more than $1.3 million in payments for the project to fraudsters, according to a state court complaint.

  • July 21, 2025

    Catching Up With Delaware's Chancery Court

    Last week at the Delaware Court of Chancery, a major settlement between Meta Platforms Inc. and its investors reached on the proverbial courthouse steps during day two of a trial ended an $8 billion-plus suit accusing the company's directors and officers of breaching privacy regulations and corporate fiduciary duties tied to allegations dating to the Cambridge Analytica scandal more than a decade ago.

  • July 21, 2025

    DC Circ. Strikes Down Gag Order On X Corp. Subpoenas

    A D.C. Circuit panel has struck down a lower court's sweeping order blocking X Corp. from informing users about government data requests, with the appeals court finding the district court failed to identify specific harm that would come from keeping users in the loop.

  • July 21, 2025

    11th Circ Says. Experian Not Liable For Credit Dispute Costs

    The Eleventh Circuit upheld a win for Experian PLC when it held that a consumer's attempts to correct inaccurate information in a credit report can't constitute an injury without evidence that the data was published to a third party or some other actual or imminent harm.

  • July 21, 2025

    Oil Equipment Co. Says Agent At Fault For Lack Of Coverage

    An oilfield equipment supplier said it is facing potential liability exceeding $1.3 million because of its insurance agent's negligence, telling a Texas state court the agent failed to timely notify the company's cyber insurer after a hacking incident.

  • July 21, 2025

    Rising Star: Dechert's Benjamin Sadun

    Benjamin Sadun of Dechert LLP helped the developer of a "magic avatar" app shake a pair of sprawling and groundbreaking artificial intelligence-related lawsuits over the alleged mishandling of biometric data, earning him a spot among the cybersecurity and privacy law practitioners under age 40 honored by Law360 as Rising Stars.

Expert Analysis

  • Series

    Competing In Modern Pentathlon Makes Me A Better Lawyer

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    Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.

  • Policy Shifts May Follow Burst Of Defense Cyber Settlements

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    Recent False Claims Act settlements with defense contractors MORSECORP and Nightwing suggest that cybersecurity standards for government contractors remain a key enforcement priority, but these may represent a final flurry of activity before the Trump administration transitions to different policy goals, say attorneys at Alston & Bird.

  • Series

    Law School's Missed Lessons: Teaching Yourself Legal Tech

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    New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.

  • Explicit Pic Takedown Law Casts A Wide Net

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    With a surprisingly broad range of online platforms potentially subject to the new Take It Down Act’s process for removing revenge porn or explicit deepfakes, all services that allow user interaction or content hosting should proactively evaluate their legal obligations and demonstrate compliance, say attorneys at Goodwin, say attorneys at Goodwin.

  • How AI May Reshape The Future Of Adjudication

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    As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.

  • When Legal Advocacy Crosses The Line Into Incivility

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    As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.

  • How Medical Practices Can Improve Privacy Compliance

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    In light of recent high-profile patient privacy violations, health practices — especially in California — should better position themselves to comply with medical privacy laws by shoring up strategies ranging from mapping electronic protected health information to building a better compliance culture, says Suzanne Natbony at Aliant Law.

  • Series

    Volunteering At Schools Makes Me A Better Lawyer

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    Speaking to elementary school students about the importance of college and other opportunities after high school — especially students who may not see those paths reflected in their daily lives — not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at Constangy.

  • Attacks On Judicial Independence Tend To Manifest In 3 Ways

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    Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.

  • Loophole To Budget Bill's AI Rule May Complicate Tech Regs

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    An exception in the One Big Beautiful Bill Act that could allow state and local governments to develop ostensibly technology-neutral laws that nonetheless circumvent the bill’s ban on state artificial intelligence regulation could unintentionally create a more complex regulatory environment for technologies beyond AI, says Pooya Shoghi at Lee & Hayes.

  • OCC's Digital Embrace Delivers Risk, Opportunity For Banks

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    As the Office of the Comptroller of the Currency continues to release and seek more information on banks' participation in the crypto-asset arena, institutions may see greater opportunity to pursue digital asset and custody services, but must simultaneously educate themselves on transformations occurring throughout the industry, says Kirstin Kanski at Spencer Fane.

  • Remediation Still Reigns Despite DOJ's White Collar Shake-Up

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    Though the U.S. Department of Justice’s recently announced corporate enforcement policy changes adopt a softer tone acknowledging the risks of overregulation, the DOJ has not shifted its compliance and remediation expectations, which remain key to more favorable resolutions, say Jonny Frank, Michele Edwards and Chris Hoyle at StoneTurn.

  • Series

    Law School's Missed Lessons: Appreciating Civil Procedure

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    If you’re like me, law school’s often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.

  • Appellate Guidance Needed On California Chatbot Litigation

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    There is wide variation in how courts are applying the California Invasion of Privacy Act against website owners that allegedly help third parties spy on visitors via chatbots — and the lack of appellate rulings creates uncertainty, especially as these cases move toward the summary judgment stage, say attorneys at Crowell & Moring.

  • Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use

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    The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.

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