On March 12, 2026, the United Sates Court of Appeals for the Ninth Circuit (Ninth Circuit) partially vacated the preliminary injunction by the United States District Court for the Northern District of California (district court) that had blocked the enforcement of the California Age-Appropriate Design Code Act (CAADCA). Several key CAADCA provisions remain enjoined, but […]
Litigation
Federal Court Rules using AI Tools can Waive Privilege, Even if Privileged Information is Input into Them
On February 10, 2026, the U. S. District Court for the Southern District of New York held that a criminal defendant could not claim attorney-client privilege over documents he produced using a commercially available artificial intelligence (“AI”) tool – even though he had input privileged information from his lawyers into the tool. This case is […]
FTC Cracks Down on Messaging App Operator on Child Data Exploitation
On September 29, 2025, the Federal Trade Commission (FTC) announced a legal action against the operator of the anonymous messaging app Sendit and its CEO for violations of multiple consumer protection and privacy laws. The complaint, filed in the United States District Court for the Central District of California by the Department of Justice at […]
Back from the Brink: District Court Clears Air Regarding Individualized Damages Assessment in Data Breach Cases
On June 27, 2025, the District Court for the Middle District of Florida, on remand from the Eleventh Circuit, reversed course when it denied class certification to a group of plaintiffs who were purportedly impacted by a spring 2018 cyberattack on Brinker International, Inc., the parent company of the popular chain restaurant, Chili’s. The recent […]
Suite Victory: Marriott Finally Checks Out of Court
On June 3, 2025, the U.S. Court of Appeals for the Fourth Circuit issued a pivotal ruling in longstanding litigation against Marriott International, Inc., arising out of a 2018 data breach involving its Starwood Preferred Guest Program. In reversing the lower court’s grant of class certification, the Fourth Circuit determined that the customers’ contractual agreements […]