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Cybersecurity & Privacy
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August 01, 2025
Meta Illegally Recorded Flo Users' Data, Calif. Jury Finds
A California federal jury Friday found Meta Platforms Inc. liable for violating the state's wiretap law by using a data analytics tool to retrieve sensitive health data from users of the popular menstrual tracking app Flo, in what plaintiffs' counsel called "one of the first times" a major tech company has been held accountable for such practices.
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August 01, 2025
Defamation Litigation Roundup: Epstein, Macron, Lindell
In this month's review of defamation fights, Law360 reviews U.S. President Donald Trump's suit against the Wall Street Journal over its reporting on his connections to deceased financier and convicted sex offender Jeffrey Epstein, as well as a Second Circuit decision about the potential unsealing of documents in a since-settled, Epstein-related defamation suit.
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August 01, 2025
3rd Circ. Asked To Revive Amazon Biometric Data Suit
A federal judge erred in tossing class claims accusing Amazon of collecting consumers' voice data without their consent, including by finding that a third-party software company was a "financial institution," the named plaintiffs told the Third Circuit
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August 01, 2025
Tesla Sends Website Users' Data To Google For Ads, Suit Says
Tesla was slapped with a proposed class action in California federal court Thursday alleging it illegally shares its website visitors' information with third parties like Google through the deployment of tracking pixels for data monetization and advertising purposes, without their knowledge or consent.
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August 01, 2025
Airbnb Guests Claim They Were Recorded, Nudes Shared
Airbnb knew that two Palm Springs, California, hosts were secretly video recording female guests but did not delist the rental home, according to lawsuits filed by several women who stayed at the property and claim nude footage of them was passed around.
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August 01, 2025
9th Circ. Partially Revives Child Porn Victims' Suit Against X
The Ninth Circuit on Friday partially revived a lawsuit brought by 13-year-old boys who had been sex trafficked alleging X Corp. refused to remove pornographic videos of them, saying Section 230 shields the social media platform from claims it knowingly benefited from sex trafficking, but not from negligence and defective-reporting design claims.
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August 01, 2025
GOP Reps Eye Reforms To Landmark Bank Data Privacy Law
Republican lawmakers have kicked off a review that could lay the groundwork for new financial data privacy legislation, soliciting public input on whether and how to overhaul a law that governs financial institutions' handling of consumer financial records.
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August 01, 2025
Rite Aid's $6.8M Data Breach Settlement Gets Final OK
A Pennsylvania federal court has given its final approval to a $6.8 million settlement of data breach claims against now-bankrupt Rite Aid Corp., including $2.4 million in fees for attorneys from Ahdoot & Wolfson PC, Shub Johns & Holbrook LLP, Cotchett Pitre & McCarthy LLP, Laukaitis Law LLC and Hausfeld LLP.
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August 01, 2025
Senate Dem Pitches Way To Keep TikTok Online Without Sale
U.S. Sen. Ed Markey, D-Mass., is floating a proposal that would require TikTok to be transparent about how it displays content and limit foreign access to user data in order to allow the app to escape a legislative mandate to cut ties with its Chinese parent company, ByteDance, or face a nationwide ban.
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August 01, 2025
4 Mass. Rulings You May Have Missed In July
A cannabis company in the process of going out of business cannot rely on a state court receivership to shield it from creditors in other states, and the owners of shuttered Norwood Hospital can't renew an expired permit issued to bankrupt Steward Health.
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August 01, 2025
6th Circ. Upholds Michigan Ban On Drone-Assisted Hunting
The Sixth Circuit upheld a Michigan law that prohibits the use of drones for hunting, finding the state has a compelling reason to manage wildlife hunts despite the free speech objections lodged by the plaintiffs.
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August 01, 2025
FCC Asked To Narrow Undersea Cable Rule's License DQs
The Federal Communications Commission might have been "excessively, and perhaps unintentionally, stringent" when it was drafting the new rules for undersea cables, a trade group told the agency, particularly when it comes to character disqualifications.
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August 01, 2025
9th Circ. Pauses Google Play Store Order In Antitrust Row
The Ninth Circuit on Friday granted Google's same-day request for an emergency administrative pause on a looming deadline to open up the tech giant's Play Store to alternative app distribution after the appellate court upheld a landmark antitrust win for Epic Games.
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August 01, 2025
Banking TCPA Rule Changes Go Too Far, Consumer Org. Says
Consumer advocates urged the Federal Communications Commission to reject changes floated by banking groups to rules for revoking consumer consent to receive calls and texts, saying they would cause confusion and make it harder to block unwanted contacts.
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August 01, 2025
Army Inks 10-Year Agreement With Palantir Worth Up To $10B
The U.S. Army said a new 10-year enterprise agreement with Palantir Technologies Inc., worth up to $10 billion, will give it a streamlined and comprehensive framework to meet data and software needs.
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August 01, 2025
Taxation With Representation: Skadden, Wachtell, Latham
In this week's Taxation With Representation, Union Pacific Corp. and Norfolk Southern Corp. announce megamerger plans, Palo Alto Networks acquires identity security company CyberArk, Brookfield buys British life insurer Just Group, and Duke Energy sells its Piedmont Natural Gas Tennessee local distribution business to Spire Inc.
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August 01, 2025
Hyundai, Kia Can't Get Rehearing On Cities' Car Theft MDL
The Ninth Circuit won't hold an en banc rehearing on an appeal from Hyundai Motors America Inc. and Kia America Inc. seeking to dismiss negligence claims by cities in three of seven states in multidistrict litigation over their alleged failure to install anti-theft technology in millions of vehicles.
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July 31, 2025
Appeals Court Resurrects DC's Privacy Suit Against Facebook
A Washington, D.C., appeals court Thursday revived a lawsuit from the district's attorney general accusing Facebook of misleading users about how their data could be shared with Cambridge Analytica and other third-party apps, finding the lower court relied on too high an evidence standard in axing the claims.
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July 31, 2025
Yahoo Says Chubb Unit Must Cover Potential EU Privacy Fines
Yahoo says a Chubb subsidiary is obligated to cover regulatory fines that might be leveled against one of the tech company's subsidiaries for violating the European Union's data privacy law, but the insurer has refused to honor the policy, according to a lawsuit filed this week in Delaware.
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July 31, 2025
Flo Settles Privacy Fight Midtrial, Leaving Meta To Face Jury
Flo Health Inc. told a California federal judge Thursday it had reached an agreement to settle claims that its popular menstrual-tracking app illegally shared sensitive health data of millions of women with Meta Platforms Inc. and Google, partially resolving a sweeping privacy case midtrial, and leaving Meta as the sole remaining defendant.
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July 31, 2025
Fed Joins In Letting Banks Use Third-Party Customer ID Info
The Federal Reserve on Thursday relaxed a post-Sept. 11 identity check rule for banks under its oversight, joining other federal financial regulators in allowing the use of certain information provided by third-party sources.
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July 31, 2025
Microsoft Says Russian Hackers Spying On Moscow Embassies
Microsoft Corp. has found evidence Russia has been targeting embassies within its borders with malware since at least last year, according to a new warning from the tech titan's threat intelligence team.
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July 31, 2025
DOJ Says Defense Co., PE Firm To Pay $1.75M For FCA Claims
A defense contractor and private equity firm in California will pay $1.75 million to settle allegations that they failed to meet the cybersecurity requirements of a U.S. Air Force contract, federal prosecutors said Thursday.
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July 31, 2025
Colo. Court Affirms Stalking Conviction In 'True Threat' Case
The Colorado Court of Appeals on Thursday declined to overturn the stalking and harassment convictions of a man who claimed his threatening emails to a police officer were protected First Amendment speech.
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July 31, 2025
Zoom Investor Gets Final OK For Derivative Suit Settlement
A Delaware federal judge granted final approval on Thursday to a settlement reached in a shareholder derivative suit accusing the top brass of Zoom of pulling in $172.9 million via insider sales after its 2019 initial public offering and before shares fell during the early days of the COVID-19 pandemic.
Expert Analysis
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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Tracking Changes To AI Evidence Under Federal Rules
As the first quarter of 2025 draws to a close, important changes to the Federal Rules of Evidence regarding the use of artificial intelligence in the courtroom are on the horizon, including how to handle evidence that is a product of machine learning, say attorneys at Debevoise.
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Navigating The Use Of AI Tools In Workplace Investigations
Excerpt from Practical Guidance
Artificial intelligence tools can be used in workplace investigations to analyze evidence and conduct interviews, among other things, but employers should be aware of the legal and practical risks, including data privacy concerns and the potential for violating antidiscrimination laws, say attorneys at Fisher Phillips.
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Series
NY Banking Brief: All The Notable Legal Updates In Q1
The most noteworthy developments from the first quarter of the year in New York financial services include newly proposed regulations on overdraft fees, a groundbreaking settlement by the state attorney general, and a potentially precedent-setting opinion regarding the Electronic Fund Transfer Act, say attorneys at Quinn Emanuel.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Justices' TikTok Ruling Sets Stage For 1st Amendment Battle
The U.S. Supreme Court's landmark ruling upholding a law requiring TikTok's sale sets the stage for an inevitable clash between free speech and government interests and signals that future cases will turn on whether a regulation poses a substantial burden on speech, say attorneys at Dykema.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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2 Recent Federal Decisions Affecting State CIPA Cases
Two recent cases may help stem the tide of the ever-increasing number of California Invasion of Privacy Act complaints filed in federal court, but won't prevent plaintiffs from filing in state courts, so companies need to shift their focus from Article III standing to statutory standing, says Matthew Pearson at Womble Bond.
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Paul Atkins' Past Speeches Offer A Glimpse Into SEC's Future
Following Paul Atkins' Thursday Senate confirmation hearing, a look at his public remarks while serving as a commissioner at the U.S. Securities and Exchange Commission between 2002 and 2008 reveals eight possible structural and procedural changes the SEC may see once he likely takes over as chair, say attorneys at Covington.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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Executive Orders Paving Way For New Era Of Crypto Banking
Recent executive orders have already significantly affected the day-to-day operations of financial institutions that have an interest in engaging with digital assets, and creating informed strategies now can support institutions as the crypto gates continue to open to the banking industry, say attorneys at Spencer Fane.
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Retirement Plan Suits Show Value Of Cybersecurity Policies
Several data breach class actions that were recently filed against retirement plan administrator The Pension Specialists in Illinois federal court are a reminder that developing and following a good written cybersecurity policy provides a blueprint for compliance and may prevent lawsuits, says Carol Buckmann at Cohen & Buckmann.
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Explaining CFPB's Legal Duties Under The Dodd-Frank Act
While only Congress can actually eradicate the Consumer Financial Protection Bureau, the Trump administration has sought to significantly alter the agency's operations, so it's an apt time to review the minimum baseline of activities that Congress requires of the CFPB in Title X of the Dodd-Frank Act, say attorneys at Bradley Arant.