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Cybersecurity & Privacy
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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 Co. 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.
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August 25, 2025
Wyden Urges Independent Review Of Courts' Cybersecurity
U.S. Sen. Ron Wyden, D-Ore., a cybersecurity hawk, urged Chief Justice John Roberts on Monday to commission an independent study of the federal judiciary's cybersecurity practices in light of two significant hacks in the last five years.
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August 25, 2025
Advocate Orgs. Ask DC Circ. To Stop IRS Sharing Info With ICE
Immigrant advocacy groups urged the D.C. Circuit to stop the IRS from sharing taxpayer addresses with immigration authorities, saying the court should consider the substance of their challenge to an unprecedented information sharing deal rather than toss their case on procedural grounds put forward by the government.
Expert Analysis
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Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.
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Annual Report Shows CFIUS Extending Its Reach In 2024
The recently released 2024 annual report from the Committee on Foreign Investment in the United States reveals record civil penalties and enhanced internal capabilities, illustrating expanding jurisdiction and an increasing appetite for enforcement actions, says Nathan Fisher at StoneTurn.
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from Practical Guidance
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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Cybersecurity Risks Can Lurk In Gov't Contractor Acquisitions
The Justice Department’s recent False Claims Act enforcement activity against Raytheon and Nightwing-related defense contractors demonstrates the importance of identifying and mitigating potential cybersecurity compliance risks when acquiring a company that contracts with the federal government, say attorneys at Foley & Lardner.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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New Colo. Teen Privacy Rules Signal National Regulatory Shift
Recently released proposed rule amendments to the Colorado Privacy Act that would create some of the most robust protections for minors' online data in the U.S. reflect an ongoing trend of states taking steps to extend privacy protection for their residents, complicating the compliance burden for companies, say attorneys at Morgan Lewis.
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A Look At New Calif. Cybersecurity, Risk Assessment Rules
The California Privacy Protection Agency Board recently finalized regulations related to automated decision-making technology, cybersecurity audits and risk assessments that establish additional requirements on businesses operating in California, and although these new rules are less onerous than some of the draft rules, compliance may still require substantial planning and updates, say attorneys at Morgan Lewis.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Divest Order Shows How Security Fears Extend CFIUS Scope
A recent White House order forcing a Chinese company to divest its 2020 acquisition of a U.S. audiovisual supplier demonstrates the Committee on Foreign Investment in the United States’ growing power to sink foreign transactions over national security concerns — and the enormous risks to U.S. companies from such reviews, say attorneys at Bass Berry.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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Lessons Learned 3 Years After First CCPA Enforcement Action
Three years after the first public enforcement action under the California Consumer Privacy Act, Attorney General Rob Bonta has pursued a steady stream of enforcement actions across industries, providing a clearer picture of how the law is being interpreted and enforced, says Tatum Andres at Kilpatrick.
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2 Appellate Rulings Offer Clickwrap Enforcement Road Map
Two recent decisions from the Fourth and Eleventh Circuits in cases involving Experian signal that federal appellate courts are recognizing clickwrap agreements' power in spite of their simplicity, and offer practical advice on how companies can sufficiently demonstrate notice and assent when attempting to enforce contractual terms, says Brian Willett at Saul Ewing.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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Crypto Custody Guidelines Buoy Both Banks And Funds
A statement released last month by banking regulators — highlighting risks that the agencies expect banks holding crypto-assets to mitigate — may encourage more traditional institutions to offer crypto-asset safekeeping and thereby offer asset managers more options for qualified custodians to custody crypto-assets for their clients, say attorneys at Dechert.
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Top Takeaways From Trump's AI Action Plan
President Donald Trump's AI Action Plan represents some notable evolution in U.S. policy, including affirmation of the administration's trend toward prioritizing artificial intelligence innovation over guardrails and toward supporting greater U.S. private sector reach overseas, say attorneys at WilmerHale.