On August 12, 2026, President Trump signed a National Security Presidential Memorandum regarding Expanding Capabilities to Combat Transnational Cyber-Enabled Crime (the “Memorandum”) directing U.S. law enforcement to target and disrupt transnational criminal organizations. To accomplish this goal, the Memorandum establishes a program allowing private sector companies to partner with the government to fight “Cyber-Enabled Transnational […]
Privacy & Cybersecurity Litigation
No Second Bite at the Apple for Accellion Plaintiffs: Judge Denies Motion to Modify Class Certification Order
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 […]
FTC Targets EdTech Data Practices in Final Order Following Major Student Data Breach
On June 5, 2026, the Federal Trade Commission (“FTC”) gave final approval to a modified consent order against Illuminate Education, Inc. (“EdTech Provider”), a K-12 software vendor, settling allegations that the EdTech Provider did not adequately protect the personal data of more than 10 million students. The action — which follows a public comment period […]
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 […]
Colorado Replaces Landmark AI Act—Creating New Trails for AI Rules and Private AI Litigation
On May 12, 2026, the Colorado legislature passed SB 26-189, which repeals and replaces its landmark Artificial Intelligence Act. Colorado is doing away with the concept of “algorithmic discrimination” and moving instead to a notice- and disclosure-based regime focused on automated decision-making. This time, it does so without a carve-out for deployers who are small […]