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Cybersecurity & Privacy
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August 13, 2025
Whoop's Health Tracker Accused Of Sharing Users' Data
Health and wellness company Whoop Inc., whose wearable devices track and collect users' heart rate, movement, blood pressure and other health metrics, is secretly sharing that data and other user information with an undisclosed third party, according to a proposed class action filed Wednesday in California federal court.
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August 13, 2025
Trump Admin Bid To Kill SSA Data Suit Ruled Premature
The Trump administration can't fight an injunction in Maryland federal court and the Fourth Circuit simultaneously, a Maryland federal judge said Wednesday, tabling the administration's dismissal bid while the Fourth Circuit considers whether to lift a ban on the Department of Government Efficiency accessing unredacted Social Security data.
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August 13, 2025
Smith Anderson Adds 5 Business Litigation, Data Privacy Pros
Smith Anderson announced that the firm has brought on five new attorneys who will bolster the Raleigh, North Carolina-based firm's business litigation, data privacy and security, healthcare, real estate and development, and private client practice groups.
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August 13, 2025
OpenAI, Microsoft Beat Musk's RICO Claims In For-Profit Fight
OpenAI and Microsoft again beat Elon Musk's racketeering claims in his lawsuit challenging OpenAI's now-abandoned pivot to a for-profit enterprise, after a California federal judge said Tuesday the amended allegations do not provide details on how the companies ran the enterprise through a pattern of racketeering activity.
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August 13, 2025
SPAC Behind EV Maker Nikola, Shareholders Strike Settlement
Stockholders and board members for the blank-check company that took electric-vehicle maker Nikola public said they reached a $6.3 million deal to end a Delaware Chancery Court lawsuit that accused the SPAC of misleading investors about Nikola's prospects.
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August 13, 2025
EBay, Former Execs Must Face Bulk Of Harassment Case
A Massachusetts federal judge has trimmed some defamation and damages claims brought by a pair of bloggers against online retailer eBay in a lawsuit over the company's alleged campaign of retaliation over their coverage, but will allow most of the case to proceed to trial.
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August 13, 2025
Kelley Drye Hit With Class Action Over Client Data Leak
Poor security measures and inadequately trained employees at Kelley Drye & Warren LLP contributed to a data breach that exposed the personal information of clients earlier this year, according to a complaint filed in New York state court seeking to form a class action.
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August 13, 2025
NY AG Says Zelle Parent Enabled $1B In Customer Losses
New York Attorney General Letitia James on Wednesday sued the big bank-controlled parent company of popular electronic payments platform Zelle, alleging in state court that lax security measures allowed scammers to make off with over $1 billion of user funds.
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August 12, 2025
Meta Privacy Verdict Raises Stakes For Website Data Tracking
A California federal jury's move to hold Meta accountable for unauthorized receipt of sensitive health data gathered through a popular online tracking tool strengthens website users' position in these disputes and should prompt companies to revisit their data collection and sharing practices, even as the social media giant fights the decision.
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August 12, 2025
DC Circ. Rules Pole-Camera Footage Doesn't Require Warrant
The D.C. Circuit on Tuesday ruled that pole-mounted surveillance cameras installed by police can be accessed without a warrant by law enforcement, and upheld the conviction of a man on federal drug and firearms charges as a result of the camera footage.
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August 12, 2025
Meta's Discovery Win Faces 'Immense' Fallout, 9th Circ. Told
The California Attorney General's Office urged the Ninth Circuit on Tuesday to reverse a lower court's order requiring third-party state agencies to respond to Meta Platforms' discovery demands in multidistrict litigation over social media's alleged harms, saying the "egregiously wrong" order will have "immense" consequences.
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August 12, 2025
Google Wants Epic Order Paused For Potential High Court Bid
Google has asked the Ninth Circuit to keep an order requiring it to allow more competition for the Play Store on Android devices on hold while it seeks a rehearing, and potentially a review by the Supreme Court, in the antitrust case being brought by Fortnite developer Epic Games.
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August 12, 2025
SAG-AFTRA Health Plan Members Settle Data Breach Suit
SAG-AFTRA Health Plan members who said their sensitive personal and medical information was compromised following a September data breach told a California federal judge Tuesday that they have reached a settlement in principle to resolve the proposed class action accusing the plan of lacking adequate security measures to stop the event.
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August 12, 2025
Pizza Chain's Cyber Claim Capped At $250K, Insurer Says
A cyber insurer urged a Texas federal court to reject Cicis Pizza's attempt to recast a ransomware attack as a cyber extortion event in order to open the door to more coverage, saying it has fulfilled its contractual obligations by paying $250,000 under the policy's ransomware endorsement.
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August 12, 2025
4th Circ. Lifts Block On DOGE's Data Access At 3 Agencies
A split Fourth Circuit panel vacated a block Tuesday on the Department of Government Efficiency's access to personal information held by three federal agencies, prescribing an exacting appraisal of the challenging unions' chances of winning all aspects of the case.
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August 12, 2025
Groups Urge IRS To Resist Pressure To Share Taxpayer Info
Advocacy groups urged the Internal Revenue Service on Tuesday to keep resisting presidential pressure to share confidential tax-return information with immigration enforcement authorities, saying the abrupt departure of the agency's new commissioner highlights the need for oversight.
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August 12, 2025
Truist Wants Out Of Law Firm's $94K Wire Scam Suit
Truist Financial Corp. has asked a Delaware federal judge to dismiss a law firm's suit over a botched real estate wire transfer, arguing in a dismissal motion that the firm named the wrong entity in its complaint, but that even if the correct Truist had been named, the claims must fail as a matter of law.
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August 12, 2025
NJ Is Key Battleground In Fight Over Newborn Blood Tests
Newborn blood screening, a cornerstone of modern public health, is the focus of a debate over patient privacy, parental consent and what happens to the samples after initial tests are complete. A New Jersey court recently weighed in.
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August 12, 2025
3 Firms Get $600K In Fees After DialAmerica Data Breach Deal
A Connecticut federal judge has awarded $600,000 in fees to attorneys with three law firms — Markovits Stock & Demarco LLC, Milberg Coleman Bryson Phillips Grossman PLLC and Federman & Sherwood — that secured a settlement worth more than $2.3 million with DialAmerica Marketing Inc. after a data breach.
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August 12, 2025
Uber's Tip Led FBI To $5M 'Grandparent Scam' Ring, Feds Say
A suspicious pattern of Uber trips to banks by older people led the company to contact the FBI, uncovering a multinational "grandparent scam" operation that stole $5 million from at least 400 people, Massachusetts federal prosecutors said Tuesday.
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August 11, 2025
GCI To Pay $10K To End Fed Probe Over Alaska Cable Permit
Alaska telecom GCI Communication Corp. will have to pay $10,000 for letting the cable landing licenses for one of its undersea cable systems expire, the Federal Communications Commission has announced.
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August 11, 2025
Abbott Shakes Suit Over Meta, Google Data Sharing For Now
An Illinois federal judge has tossed a proposed class action accusing Abbott Laboratories of unlawfully sharing website visitors' personal data with Meta and Google, finding that the plaintiffs had failed to adequately allege that the medical device provider divulged any individually identifiable health information.
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August 11, 2025
Fed. Circ. Drops Co.'s $1.5B Commerce Award Challenge
A Virginia company voluntarily dropped a Federal Circuit appeal related to a U.S. Department of Commerce procurement for IT services valued at up to $1.5 billion, though a second company will continue to press its challenge.
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August 11, 2025
Deere Tractor Rivals Get Some Safeguards In FTC Case, MDL
An Illinois federal judge has denied a motion by three of Deere & Co.'s competitors that were seeking to block distribution of confidential information they had provided to the Federal Trade Commission in its wind-up to an antitrust suit against Deere, but said he would amend existing confidentiality orders with additional safeguards.
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August 11, 2025
Pa. AG Probing 'Cyber Incident' That Disrupted Email, Phones
The website, office email accounts and phone lines for the Pennsylvania Attorney General's Office were offline Monday after being disrupted by a "cyber incident," the state's top prosecutor announced.
Expert Analysis
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Series
Improv Makes Me A Better Lawyer
Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.
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How BigLaw Executive Orders May Affect Smaller Firms
Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.
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4th Circ. Health Data Ruling Opens Door To State Law Claims
In Real Time Medical v. PointClickCare, the Fourth Circuit recently clarified that state law claims can rest in part on violations of a federal law that prohibits electronic health information blocking, expanding legal risks for health IT companies and potentially creating exposure to a range of competitive implications, say attorneys at BCLP.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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Opinion
GENIUS Act Can Bring Harmony To Crypto-Banking Discord
By embracing crypto innovation while establishing appropriate guardrails, the so-called GENIUS Act charts a path forward that promotes financial inclusion and technological advancement without compromising stability or constitutional rights, says J.W. Verret at George Mason University's Antonin Scalia Law School.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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23andMe Case Highlights Privacy Complexities In Ch. 11
Attorneys at Pryor Cashman discuss the interplay between a sale of personally identifiable information and bankruptcy law in light of genetics and health company 23andMe's recent filing for Chapter 11 relief.
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Mass. AG Emerges As Key Player In Consumer Protection
Through enforcement actions and collaborations with other states — including joining a recent amicus brief decrying the defunding of the Consumer Financial Protection Bureau — Massachusetts Attorney General Andrea Campbell has established herself as a thought leader for consumer protection and corporate accountability, say attorneys at Troutman Pepper.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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Series
Calif. Banking Brief: All The Notable Legal Updates In Q1
Among the most notable developments in California banking in the first quarter of the year, regulators and legislators issued regulations interpreting debt collection laws, stepped up enforcement actions, and expanded consumer protections for those affected by wildfires, says Stephen Britt at Severson & Werson.
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How To Ensure Confidentiality When Using AI In Discovery
In light of a recent case in the Southern District of New York involving the dissemination of AI-generated content containing confidential information, there are steps that law firms and lawyers should take to protect client and third-party data during litigation, say attorneys at Steptoe.
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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.