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Cybersecurity & Privacy
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August 27, 2025
10 Questions For New FCC Commissioner Olivia Trusty
It's been a hectic summer for Olivia Trusty, who joined the Federal Communications Commission as its newest Republican in June. She met with Law360 on Tuesday in her first sit-down interview since taking office.
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August 27, 2025
No Coverage For Voluntary Phishing Payments, Insurer Says
A Pittsburgh seating company is not entitled to coverage for more than $530,000 it lost in a computer phishing scheme, an insurer told a Pennsylvania state court, saying the payments made by the company's co-owner were voluntary and thus excluded by its policy.
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August 26, 2025
9th Circ. Won't Revive Website Wiretap Suit Against Microsoft
The Ninth Circuit Tuesday affirmed the dismissal of a proposed class action accusing Microsoft Corp. of providing a pet supply website with "session replay" technology that illegally captured visitors' browsing activities, finding that the plaintiff had failed to show how this alleged conduct caused concrete harm.
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August 26, 2025
Google Exec. Disputes '30 Stories' Of Data Claim At Trial
A Google executive testifying Tuesday in a multibillion-dollar privacy case alleging the company illegally collected app data from 98 million consumers took issue with claims that the data at issue for just the lead plaintiffs would reach 30 stories high if printed out, while acknowledging that Google collects "considerable" data.
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August 26, 2025
Joseph Nocella Jr. Appointed US Attorney For EDNY
Joseph Nocella Jr. on Tuesday was reportedly appointed as the U.S. attorney for the Eastern District of New York, having served as the district's interim top prosecutor since early May.
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August 26, 2025
Adam & Eve Beats Google Tracking Privacy Suit, For Now
A Pennsylvania federal judge tossed claims accusing Adam & Eve's parent of sharing customers' private sexual information with Google through website analytics, saying the plaintiff hasn't established an expectation of privacy in his online browsing, as he "could be freely observed by store clerks or nosy neighbors" at a physical store.
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August 26, 2025
Otter.ai Violates BIPA Through Voiceprint Collection, Suit Says
Artificial intelligence-powered transcription software company Otter.ai has been collecting users' voiceprints without consent and without a published policy laying out when it retains and destroys the data, a new proposed class action filed Tuesday in California federal court alleges.
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August 26, 2025
Google Backers Cite Security, Competition To 9th Circ.
Trade groups, cybersecurity experts, think tanks and others backed Google with proposed Ninth Circuit amicus briefs arguing that an order affirmed by an appeals panel opening up the Play Store will upend competition and endanger security.
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August 26, 2025
Capital One Beats Robocall Class Cert. Appeal At 4th Circ.
The Fourth Circuit has affirmed that consumers who accused Capital One of violating consumer protection laws by leaving prerecorded messages on their cell phones cannot be certified as a class, agreeing that it would be too difficult to ascertain members of the proposed class who weren't customers of the bank.
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August 26, 2025
Airbnb Argues Secret Filming Not Legally Sexual Harassment
Airbnb says the federal law prohibiting forced arbitration in sexual misconduct claims doesn't apply to a lawsuit filed by six women who claim that they were secretly filmed nude during their stay at a California rental, arguing to a Los Angeles County court that clandestine recordings do not count as sexual assault or harassment.
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August 26, 2025
Ohio Cannabis Biz Accused Of Leaking Patient Data
An Ohio company that connects patients with physicians to secure medical marijuana cards is accused in a new federal proposed class action of making public the personal information of its clients and others.
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August 26, 2025
Cert. In Pepperidge BIPA Action Sunk Over Counsel Conflict
An Illinois appellate panel on Monday reversed a trial court's order certifying a class of Pepperidge Farm workers bringing biometric privacy claims, saying it improperly allowed the law firm of the lead plaintiff's daughter to remain as class counsel.
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August 26, 2025
MAC's Live Video Try-On Tech Violates BIPA, Customer Says
A MAC Cosmetics customer has lodged proposed class biometric privacy claims against the beauty retailer in Illinois state court, claiming the company uses live-video, try-on technology that scans and uses consumers' geometric facial data without informed consent.
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August 26, 2025
TikTok Takes State's Addictive App Case To NC Top Court
TikTok and its Chinese parent company are taking the state of North Carolina's lawsuit accusing it of intentionally designing the app to addict young users to the state's highest court after a Business Court judge rejected their early exit bid.
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August 25, 2025
Del. Justices Won't Revive Hunter Biden Defamation Suit
Delaware's highest court on Monday affirmed a lower court's decision to toss defamation claims a computer repair shop owner lodged against Hunter Biden and others over media reports he asserted tied him to Russian disinformation, saying no reasonable person would have concluded that statements he alleged were defamatory concerned him.
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August 25, 2025
'Bring Him In': Judge Blasts Google Atty Over Witness Travel
The California federal judge overseeing a multibillion-dollar privacy lawsuit alleging Google illegally collected data from 98 million cellphone users chastised an attorney for the tech giant for allowing a Google employee on the witness list to leave on a trip, ordering the lawyer to "get him on an airplane" and "bring him in."
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August 25, 2025
Meta Has No Grounds To Erase Flo Privacy Verdict, Users Say
Flo app users opposed Meta's bid to overturn a California federal jury verdict that found it liable for using an online tracking tool to unlawfully retrieve sensitive health data users entered into the menstrual tracking app, arguing that the company can't scrap the decision because it doesn't "like" the outcome.
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August 25, 2025
SeatGeek Shares Users' Info With TikTok And Meta, Suit Says
A SeatGeek customer filed a proposed class action in California federal court alleging the ticketing platform is violating the state's "trap and trace" law by using tracking software tools created by TikTok and Meta to gather the personal data of SeatGeek's website visitors without consent for targeted advertising purposes.
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August 25, 2025
Epic Says Google Ought To Pay Up For Play Store Fight
While Google is busy appealing a ruling mandating that it open up its Play store, Epic Games isn't waiting to ask a California federal judge to order the technology titan to pay the $180 million in legal bills it racked up over the course of the five-year court battle.
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August 25, 2025
4th Circ. Rejects CEO's Bid To Toss Wire Fraud Guilty Plea
The Fourth Circuit has upheld the conviction of web hosting company Micfo and its chief executive on charges that he fraudulently obtained IPv4 addresses from the American Registry for Internet Numbers, rejecting a challenge that CEO Amir Golestan would not have taken a plea deal if he'd been warned of denaturalization risks.
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August 25, 2025
X Sues Apple, OpenAI For Cutting 'Anticompetitive' Deal
Billionaire Elon Musk on Monday made good on a promise that his artificial intelligence venture xAI would lodge an antitrust suit against Apple Inc. and OpenAI Inc. to target the companies' deal that integrated ChatGPT into the iPhone operating system, telling a Texas federal judge the arrangement stifles competition.
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August 25, 2025
More Than 1,200 Telcoms Booted From Phone Networks
More than 1,200 voice service providers have been blocked from U.S. phone networks after "shirking" their obligations to use a database that tracks unwanted call traffic, the federal government said Monday.
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August 25, 2025
Fortive To Pay $3M To Settle Data Breach Suits
Tech firm Fortive Corp. will pay $3 million to end a class action involving tens of thousands of people whose information was exposed through two ransomware attacks in 2023, according to a settlement agreement given the nod by a Washington federal judge.
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August 25, 2025
Epic's 9th Circ. Case Against Apple Draws Amicus Support
Epic Games has received backing from state enforcers, Microsoft, Spotify and others as the Fortnite developer opposes Apple's Ninth Circuit appeal challenging an order blocking commissions on purchases made outside of Apple's own app payment system.
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August 25, 2025
Long Island Tax Pro Gets 18 Months For $12M Pandemic Scam
A Manhattan federal judge sentenced a wealthy Long Island tax preparer to 18 months in prison Monday, after he admitted filing over 100 fraudulent applications for nearly $12 million of loans earmarked to help businesses hit by the COVID-19 pandemic.
Expert Analysis
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How Cos. Can Prep For Calif. Cybersecurity Audit Regulations
As the California Privacy Protection Agency Board finalizes cybersecurity audit requirements, companies should take six steps to prepare for the audit itself and to build a compliant cybersecurity program that can pass the audit, say attorneys at Covington.
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Series
Competing In Modern Pentathlon Makes Me A Better Lawyer
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.
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Policy Shifts May Follow Burst Of Defense Cyber Settlements
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.
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Series
Law School's Missed Lessons: Teaching Yourself Legal Tech
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.
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Explicit Pic Takedown Law Casts A Wide Net
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.
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How AI May Reshape The Future Of Adjudication
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.
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When Legal Advocacy Crosses The Line Into Incivility
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.
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How Medical Practices Can Improve Privacy Compliance
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.
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Series
Volunteering At Schools Makes Me A Better Lawyer
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.
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Attacks On Judicial Independence Tend To Manifest In 3 Ways
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.
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Loophole To Budget Bill's AI Rule May Complicate Tech Regs
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.
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OCC's Digital Embrace Delivers Risk, Opportunity For Banks
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.
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Remediation Still Reigns Despite DOJ's White Collar Shake-Up
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.
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Series
Law School's Missed Lessons: Appreciating Civil Procedure
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.
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Appellate Guidance Needed On California Chatbot Litigation
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.