“Nation-state support” permits dangerous actors to mount cyberattacks of “unprecedented scale,” and so it was with the Russian government’s 2020 Sunburst cyberattack against SolarWinds, said 21 former federal cybersecurity officials in an amicus brief Friday (docket 1:23-cv-09518) in U.S. District Court for Southern New York in Manhattan.

Yout’s Digital Millennium Copyright Act appeal against the Recording Industry Association of America “involves a number of novel questions arising out of the three distinct provisions” contained in the statute’s Section 1201, said Yout’s counsel, Evan Fray-Witzer of Ciampa Fray-Witzer, during 2nd U.S. Circuit Court of Appeals oral argument Monday (docket 22-2760).

The censorship conduct of officials from the White House and four federal agencies “fundamentally transforms online discourse and renders entire viewpoints on great social and political questions virtually unspeakable on social media,” said Friday’s response brief (23-411) at the U.S. Supreme Court in Murthy v. Missouri in support of the injunction that bars those officials from coercing the social media platforms to moderate their content.

Santa Monica resident Marlon Siguenza joined plaintiff Daniel Kissick’s October fraud lawsuit against X (see 2311020028), said the first amended complaint (FAC) Friday (docket 23-610081) in San Francisco County Superior Court. The complaint alleges violations of California's Automatic Renewal Law (ARL) under its Business and Professional Code and its Consumer Legal Remedies Act.

Communications Litigation Today is tracking the below lawsuits involving appeals of FCC actions. Cases marked with an * were terminated since the last update. Cases in bold are new since the last update.

2K Games and Take-Two Interactive Software seek dismissal of minor J.A.’s fraud complaint for its “novel argument” that the companies have refused to refund gamers, including children, for their unused in-game virtual currency (see 2311200063), said their motion Friday (docket 3:23-cv-05961) in U.S. District Court for Northern California in San Francisco.

Following a Northern California judge’s dismissal (docket 2:23-cv-00734) in June of Hyperlync's January 2023 fraud complaint vs. T-Mobile, the cloud product company filed a nearly identical complaint (docket 2:24-cv-00138) Wednesday in U.S. District Court for Western Washington in Seattle.

Meta’s claim that the removal protections of FTC commissioners are unconstitutional is “foreclosed” by the U.S. Supreme Court’s 1935 decision in Humphrey’s Executor v. U.S., according to the FTC’s response Thursday (docket 1:23-cv-03562) in U.S. District Court for the District of Columbia to Meta’s Jan. 25 sur-reply in opposition to the commission’s motion to dismiss.

A three-judge panel of the Court of Appeals for the 5th District of Texas in Dallas conditionally granted a request from relators Disney, Hulu and Netflix for mandamus relief following the Dallas County district court’s denial of their Rule 91a motion to dismiss, said the panel's opinion Thursday (docket 05-23-00485-cv). The panel also denied as moot a motion for vacating its order staying proceedings the real parties in interest filed.

Fidelity National Financial (FNF) and its LoanCare subsidiary failed to comply with industry standards to protect its customers’ “highly valuable, protected, personally identifiable information” (PII) in a November data breach that the company referred to as a “catastrophe,” alleged a class action Thursday (docket 3:24-cv-00115) in U.S. District Court for Middle Florida in Jacksonville.