U.S. District Judge Sidney Stein for Southern New York in Manhattan denied the motion of 14 plaintiff authors in the first-filed copyright infringement suit against OpenAI in the Northern District of California to intervene in the four infringement actions against OpenAI and Microsoft filed subsequently in New York, said his signed opinion and order Monday (docket 1:24-cv-00084).

The U.S. District Court for Virginia’s Oct. 26 ruling dismissing Hanan Elatr Khashoggi’s privacy case against NSO Group Technologies and Q Cyber Technologies for lack of subject-matter jurisdiction was “in error,” said Khashoggi's opening brief (docket 23-2234) in the 4th U.S. Circuit Court of Appeals Monday.

Since AT&T announced Saturday that “data-specific fields” were part of a data set involving 7.6 million current and 65.4 million former customers released on the dark web March 16, nine negligence class actions have been filed in U.S. District Court for Northern Texas in Dallas, including five by Kendall Law.

The U.S. Court of Appeals for the D.C. Circuit gave Chinese companies Hikvision and Dahua a partial victory Tuesday, ruling that the FCC’s definition of critical infrastructure is “overly broad.” However, the three-judge panel rejected arguments that video cameras and video-surveillance equipment the companies manufacture shouldn’t have been placed on the agency’s “covered list” of unsecure gear.

The U.S. Supreme Court docketed as case number 23-1062 the cert petition of three former Twitter users. The petitioners are seeking review of the 6th U.S. Circuit Appeals Court’s judgment affirming that they lacked Article III standing to bring First Amendment social media censorship claims against the Department of Health and Human Services, Surgeon General Vivek Murthy and Health and Human Services Secretary Xavier Becerra (see 2403270011), said a text-only docket entry Friday.

American Express aided and “conspired with” Facebook to intercept communications sent and received by customers in violation of the California Invasion of Privacy Act, alleged a class action Friday (docket 1:24-cv-02408) in U.S. District Court for Southern New York in Manhattan.

An organization’s information security team, led by its chief information security officer, “stands on the front lines against cyberattacks,” said roughly four dozen current and former CISOs in an amicus brief Friday (docket 1:23-cv-09518) at the U.S. District Court for Southern New York in Manhattan in support of SolarWinds’ motion to dismiss the SEC’s amended securities fraud complaint (see 2403250039).

The personally identifiable information (PII) of some 7.6 million current and 65.4 million former AT&T customers was compromised in a data breach last month due to the carrier's failure to implement "adequate and reasonable" cybersecurity "procedures and protocols,” a negligence class action alleged Saturday (docket 3:24-cv-00757) in U.S. District Court for Northern Texas in Dallas. It was one of at least eight filed over the breach in the Texas court since Saturday.

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.

The U.S. Supreme Court should uphold the 9th U.S. Circuit Appeals Court decision affirming the district court’s dismissal of the case brought by petitioners Wendy Smith, Michelle Martinez and Kenneth Turner after the court compelled their claims to arbitration, said respondent Keith Spizzirri’s brief Wednesday (docket 22-1218).