In the Accellion data breach case, the United States District Court for the Northern District of California has denied the plaintiffs’ motion to modify the court’s order on class certification. In its first class certification order, the Court declined Plaintiffs’ request to certify a broad negligence class and instead certified several narrow subclasses. The Court […]
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Produce the Prompts: A Court Says Expert AI Inputs Are Fair Game in Discovery
A federal court just delivered one of the clearest messages yet on AI in litigation: if an expert used AI to do the work, the prompts may be discoverable. In Conservation Law Foundation, Inc. v. Shell Oil Company et al., Magistrate Judge Thomas O. Farrish ordered the Plaintiff to produce the prompts its expert used […]
The Era of AI-Driven Data Breaches Has Arrived
A recent lawsuit signals the rapid convergence of issues relating to artificial intelligence, vendor‑managed platforms, and individual arbitration in the data breach ecosystem. In Woodard v. OpenAI, Inc. & Mixpanel, Inc., Case No. 3:25-cv-10301 in the Northern District of California, Plaintiffs alleged that Mixpanel uses artificial intelligence technologies developed by OpenAI to collect user data. […]
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 […]
Massachusetts Top Court Torpedoes Website Analytics Wiretapping Class Action
On October 24, 2024, in a long-awaited decision in Vita v. New England Baptist Hospital, Massachusetts’ highest court snuffed out an attempt to use the state’s 1968 Wiretap Act to impose liability on a hospital system for its use of third-party analytics technologies on its website. The case had been closely watched by the business […]