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Cybersecurity & Privacy
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September 10, 2025
Teen's Estate Says Grindr Death Suit Can't Be Arbitrated
The estate of a teenager who was killed by a 35-year-old man she matched with on Grindr LLC's dating platform is urging a Florida federal court not to send the case to arbitration or Los Angeles, saying federal law blocks arbitration, and Florida law require that the suit be heard in the state where she was killed.
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September 10, 2025
OpenAI Can't Keep For-Profit Shift Docs From Musk
A California federal magistrate judge has said that OpenAI must produce key planning documents in Elon Musk's lawsuit challenging its attempted shift into a for-profit business, rejecting arguments that the information is protected because it could influence future takeover bids by the billionaire or future investments by Microsoft.
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September 10, 2025
$5.9M Fidelity National Data Breach Settlement Gets Final OK
A Florida federal court officially signed off on a $5.9 million settlement of a proposed class action against title insurer Fidelity National Financial over a November 2023 data breach that allegedly impacted roughly 1.3 million individuals, noting the court was notified of a settlement just seven months after the litigation commenced.
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September 10, 2025
3rd Circ. Seeks Standing Specifics In Website Tracking MDL
The Third Circuit on Wednesday challenged both retailers and consumers over so-called session replay software capturing online shoppers' data, wanting to know if a proposed class could be more specific about what "sensitive" information was actually shared by Bass Pro Shops and Cabela's and if their stores had any limits on connecting private searches with specific people.
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September 10, 2025
AT&T Gave Prosecutor's Data To Trump-Tied Attys, Suit Says
Nathan Wade, the special prosecutor who exited the Georgia election interference case against President Donald Trump after his romantic relationship with Fulton County District Attorney Fani Willis was revealed, has accused AT&T of unlawfully releasing "breathtaking" amounts of his personal cellphone data to defendants in the case.
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September 10, 2025
Kirkland Adds Fintech Regulatory Partner From McDermott
Kirkland & Ellis LLP has enhanced its fintech regulatory compliance capabilities in New York with the addition of an experienced corporate partner who joins the firm from McDermott Will & Schulte.
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September 10, 2025
Baker McKenzie Adds New National Security Group Co-Head
Baker McKenzie welcomed a former Federal Bureau of Investigation senior counselor to its Washington, D.C., office who joins as a partner and co-chair of its national security practice, the firm announced Wednesday.
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September 09, 2025
Block Beats Investor Action Over 2021 Customer Data Breach
A Manhattan federal judge Tuesday knocked out consolidated litigation alleging Block's stock price plummeted after the financial technology company dilly-dallied disclosing a 2021 data breach stemming from a former employee's alleged theft of customer information, saying the complaint doesn't allege Block made misleading statements or knew it was misleading investors.
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September 09, 2025
DOD's Cybersecurity Rule May Help Fend Off FCA Claims
The U.S. Department of Defense's requirement for certain contractors to have a third-party assessor review their cybersecurity compliance, implemented in a final rule Tuesday, could help contractors protect themselves from False Claims Act enforcement.
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September 09, 2025
State Privacy Enforcers Set Sights On Data Use Opt-Outs
California's data privacy agency and attorney general are teaming up with regulators in Colorado and Connecticut on an investigative sweep focused on whether companies are honoring consumers' requests to stop the sale and sharing of their personal information to third parties, the enforcers announced Tuesday.
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September 09, 2025
FCC OKs Waivers For Smart House Locks
The Federal Communications Commission agreed Tuesday to make some exceptions to its rules for ultra-wideband devices — specifically a requirement that they be handheld — so a pair of companies can ensure their smart locks have the agency's seal of approval.
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September 09, 2025
Medical Marijuana Cyberbreach Cases Eye Consolidation
Consumers who say their personal information was exposed in a data breach caused by the failures of an Ohio company that helps people secure medical marijuana cards have asked a federal court to combine the growing number of proposed class actions.
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September 09, 2025
7th Circ. Questions Decertifying Amazon Makeup Try-On Class
Two judges on a Seventh Circuit panel seemed skeptical Tuesday that individual location questions or the risk of a substantial damages award require reversing a district court decision certifying a 160,000-member class in a biometric privacy suit targeting a virtual makeup try-on feature in Amazon's app.
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September 09, 2025
IRS Ordered To Notify Court Of ICE Info-Sharing Requests
A D.C. federal judge in a series of orders Friday and Tuesday said the IRS must notify the court within 24 hours of receiving a request from immigration authorities for taxpayer information and hand over administrative records while the court considers a request to stop the intergovernmental data sharing.
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September 09, 2025
TransUnion Faces Suit Over Data Breach Affecting 4.4M
TransUnion LLC is under fire in Illinois federal court after a woman filed a proposed class action Monday against the credit bureau claiming approximately 4.4 million customers had their personal information stolen in a cyberattack against the company earlier this year.
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September 09, 2025
DC Says Crypto ATM Operator Profits Off Senior Scams
Athena Bitcoin, one of the country's largest operators of so-called bitcoin automated teller machines, has been sued by the D.C. attorney general for allegedly charging undisclosed fees on deposits it knew were often the result of scams, for failing to implement adequate anti-fraud measures, and for refusing to refund scam victims.
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September 09, 2025
Gilgo Beach DNA Evidence Ruling May Propel New Methods
A recent ruling from the New York judge overseeing the Gilgo Beach serial killer case finding that the newer DNA testing method known as whole genome sequencing clears rigorous admissibility standards is a laudable decision that could help solve cold cases, according to proponents of the technology.
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September 09, 2025
Particle's Antitrust Battle With Epic: 3 Things To Know
Epic Systems Corp. must face allegations it violated federal law by attempting to monopolize a segment of the electronic health records market to the exclusion of competitor Particle Health Inc. Here's what you need to know about the case.
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September 09, 2025
9th Circ. Declines To Block Most Of Social Media Addiction Law
The Ninth Circuit on Tuesday largely rejected a tech trade group's effort to block California from enforcing a law barring online platforms from using algorithms to deliver addictive feeds to children, saying a requirement to hide "likes" and share counts must be enjoined but challenges to other provisions are either unripe or fact-intensive.
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September 09, 2025
FinCEN Chief Signals Slimmer Bank Reporting On The Way
A top U.S. financial crime watchdog told lawmakers Tuesday that federal officials could soon move to narrow transaction reporting requirements for financial institutions as part of a broader effort to ease anti-money laundering compliance burdens for industry.
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September 09, 2025
Coinbase Vendor Called 'Major' Cog In 'Insider Bribery' MDL
A Manhattan federal judge said Tuesday that a Texas-based Coinbase vendor called TaskUs will be a "major participant" in multidistrict litigation centralized in New York over allegations that thousands of Coinbase customers were victimized in a bribery-fueled data compromise.
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September 09, 2025
VC Firm's Top Atty Rejoins Skadden To Lead Tech Policy Team
The former chief legal and policy officer at California-based Sequoia Capital is returning to Skadden Arps Slate Meagher & Flom LLP to lead the firm's tech policy practice, advising clients on related regulation and enforcement matters, the firm announced Tuesday.
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September 09, 2025
Pentagon Finalizes Cybersecurity Rule For Contractors
The U.S. Department of Defense released its long-anticipated final rule on Tuesday detailing how the agency will incorporate its Cybersecurity Maturity Model Certification program, aimed at boosting cybersecurity standards across the defense industrial base, into defense contracts.
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September 08, 2025
Claims Against UMich Trimmed In Ex-Coach Hacking Suit
Former student-athletes on Monday agreed to drop the majority of their claims against the University of Michigan in sprawling federal litigation alleging its former co-offensive coordinator hacked personal information of thousands of students across the country as part of an agreement to pursue the claims in state court.
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September 08, 2025
Burger King Can't Force Arbitration Of Website Tracking Row
A California federal judge has refused to send to arbitration a proposed class action accusing Burger King's parent company of illegally tracking website visitors who had opted out of the practice, finding that the plaintiff had neither affirmatively agreed to arbitrate nor waived his right to challenge the existence of such a pact.
Expert Analysis
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How Cos. In China Can Tailor Compliance Amid FCPA Shifts
The U.S. Department of Justice’s recently updated Foreign Corrupt Practices Act enforcement guidelines create a fluid business environment for companies operating in China that will require a customized compliance approach to navigate both countries’ corporate and legal systems, say attorneys at Dickinson Wright.
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Open Banking Is On Ice As CFPB Seeks To Toss Its Own Rule
Even as the Consumer Financial Protection Bureau's efforts to toss its open banking rule play out in Kentucky federal court, it remains statutorily required to effectuate consumer access to data, raising questions about how it would replace the previously finalized standard, say attorneys at Cooley.
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Series
Playing Baseball Makes Me A Better Lawyer
Playing baseball in college, and now Wiffle ball in a local league, has taught me that teamwork, mental endurance and emotional intelligence are not only important to success in the sport, but also to success as a trial attorney, says Kevan Dorsey at Swift Currie.
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How US Cos. Should Prep For Brazil's Int'l Data Transfer Rules
Brazil's National Data Protection Authority's new rules concerning the processing and storing of Brazilians' personal data carry significant reputational risks for the e-commerce, financial services, education and health sectors, so U.S. companies with business in Brazil should prepare ahead of the Aug. 23 compliance date, says Juliane Chaves Ferreira at Guimarães & Vieira de Mello.
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A Deep Dive Into 14 Nixed Gensler-Era SEC Rule Proposals
The U.S. Securities and Exchange Commission last month formally withdrew 14 notices of proposed rulemaking, including several significant and widely criticized proposals that had been issued under former Chair Gary Gensler's leadership, signaling a clear and definitive shift away from the previous administration, say attorneys at Dechert.
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Series
Law School's Missed Lessons: Skillful Persuasion
In many ways, law school teaches us how to argue, but when the ultimate goal is to get your client what they want, being persuasive through preparation and humility is the more likely key to success, says Michael Friedland at Friedland Cianfrani.
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Breaking Down Novel Va. Social Media Law For Minors
While a Virginia bill passed in May is notable for setting a one-hour daily limit on minors' use of social media, other provisions create compliance burdens for social media operators and app store providers, and increase privacy and security risks associated with the collection of sensitive information to prove identity, says Jenna Rode at Hunton.
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Litigation Inspiration: How To Respond After A Loss
Every litigator loses a case now and then, and the sting of that loss can become a medicine that strengthens or a poison that corrodes, depending on how the attorney responds, says Bennett Rawicki at Hilgers Graben.
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DOJ Crypto Enforcement Is Shifting To Target Willfulness
Three pending criminal prosecutions could be an indication of how the U.S. Department of Justice's recent digital assets memo is shaping enforcement of the area, and show a growing focus on executives who knowingly allow their platforms to be used for criminal conduct involving sanctions offenses, say attorneys at Gibson Dunn.
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How NJ's Proposed Privacy Rules Could Reshape AI Data Use
Although not revolutionary, New Jersey's proposed privacy rules would create obligations around the management and processing of consumer personal data that will require careful planning before they can be successfully implemented, say attorneys at Norton Rose.
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The Metamorphosis Of The Major Questions Doctrine
The so-called major questions doctrine arose as a counterweight to Chevron deference over the past few decades, but invocations of the doctrine have persisted in the year since Chevron was overturned, suggesting it still has a role to play in reining in agency overreach, say attorneys at Crowell & Moring.
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Business Takeaways Following CCPA Enforcement Actions
Advisories and recent enforcement activity by the California Privacy Protection Agency against Honda and Todd Snyder underscore the agency's enforcement interest in the intersection of data minimization and consumer rights, and could make it more challenging for a business to provide a streamlined consumer rights process, say attorneys at Covington.
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EU Space Act Could Stifle US Commercial Operators
The EU Space Act, proposed last month, has the potential to raise global standards for safety and sustainability in space, but the U.S. and EU need to harmonize their regulatory approaches to avoid imposing regulatory burdens that undermine commercial innovation and agility, say Jessica Noble and Adriane Mandakunis at Aegis Space Law.
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Unpacking Enforcement Challenges Of DOJ's Bulk Data Rule
Now fully effective, the U.S. Department of Justice's new data security program represents the U.S.' first data localization requirement ripe for enforcement, but its implementation faces substantial practical challenges that may hinder the DOJ's ability for wide-ranging or swift action, say attorneys at Cleary.
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Nuclear Stakeholders Must Prepare For Cyber Threats
As the White House signals its support for a revival of nuclear power to supply the power needs of data centers and the artificial intelligence industry, investors and operators must keep in mind that safeguarding nuclear infrastructure from evolving cyber threats will be essential, say attorneys at A&O Shearman.