The decision is the first to find a Daniel’s Law unconstitutional based on First Amendment grounds and could impact ongoing litigation against hundreds of companies challenging similar laws....more
8/25/2025
/ Appeals ,
Cause of Action Accrual ,
Class Action ,
Constitutional Challenges ,
Due Process ,
Federal Court Litigation ,
First Amendment ,
Fourteenth Amendment ,
Free Speech ,
Personal Information ,
Privacy Laws ,
Public Information ,
Public Officials ,
State Privacy Laws ,
Statutory Interpretation ,
Statutory Violations ,
Strict Scrutiny Standard
Despite the avalanche of lawsuits and enforcement actions related to tracking technology, companies can take at least some solace in a recent decision curtailing Video Privacy Protection Act (VPPA) lawsuits. On July 28, the...more
8/11/2025
/ California Privacy Protection Agency (CPPA) ,
Class Action ,
Consumer Privacy Rights ,
Facebook ,
Invasion of Privacy ,
Motion to Dismiss ,
Personally Identifiable Information ,
State Privacy Laws ,
Tracking Systems ,
Video Privacy Protection Act ,
VPPA ,
Web Tracking
On April 29, Michigan Attorney General (AG) Dana Nessel filed a lawsuit against Roku, Inc. (Roku), the smart TV and device provider and streaming service, alleging Roku violated the Children’s Online Privacy Protection Act...more
8/6/2025
/ COPPA ,
Data Collection ,
Data Privacy ,
Motion to Dismiss ,
Online Safety for Children ,
Parental Consent ,
Roku ,
Standing ,
State Attorneys General ,
State Privacy Laws ,
Television Programming
On February 14, the U.S. Department of Education Office for Civil Rights (DOE) issued a Dear Colleague Letter (DCL), which calls for educational institutions to immediately cease race-conscious practices in student...more
2/25/2025
/ Affirmative Action ,
Civil Rights Act ,
Colleges ,
Dear Colleague Letter ,
Department of Education ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Equal Protection ,
First Amendment ,
Fourteenth Amendment ,
Free Speech ,
OCR ,
Race Discrimination ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Title VI ,
Universities
2024 was a pivotal year in the regulation of data practices, with increased scrutiny of artificial intelligence (AI), data brokers, and the ecosystem of commercial data, and the continued proliferation of comprehensive United...more
2/13/2025
/ Artificial Intelligence ,
Consumer Privacy Rights ,
Corporate Counsel ,
Cybersecurity ,
Data Brokers ,
Data Privacy ,
Data Protection ,
Federal Trade Commission (FTC) ,
Machine Learning ,
Privacy Laws ,
Regulatory Agenda ,
State Privacy Laws
On January 9, a federal judge in the Eastern District of Kentucky entered an order vacating the 2024 Title IX regulations (the Final Rule). The case is Tennessee, et al. v. Cardona (Civil Action No. 2: 24-072)....more
1/17/2025
/ Anti-Discrimination Policies ,
Constitutional Challenges ,
Department of Education ,
Educational Institutions ,
Final Rules ,
First Amendment ,
Gender Discrimination ,
Gender Identity ,
Sex Discrimination ,
Sexual Harassment ,
Students ,
Title IX ,
Universities ,
Vacated
SCOTUS has once again clarified a court’s power to compel arbitration, this time in the context of conflicting delegation clauses. In doing so, the Court aptly acknowledged its standing tri-layered analysis of arbitral...more
5/29/2024
/ Arbitration ,
Arbitration Agreements ,
Arbitrators ,
Business Litigation ,
Coinbase ,
Coinbase Inc v Suski et al ,
Crypto Exchanges ,
Cryptocurrency ,
Delegation Clauses ,
SCOTUS ,
Sweepstakes
Maryland has joined the growing list of states to pass a law — the Judge Andrew F. Wilkinson Judicial Security Act — that allows current and former members of the Maryland judiciary to request certain of their personal...more
On May 13, Senator Joseph P. Cryan (D) introduced an amendment to New Jersey’s Daniel’s Law, which would broaden the law’s coverage. An identical amendment was introduced by Assemblywoman Annette Quijano (D) in the Assembly...more
On March 27, the Fourth Circuit Court of Appeals concluded that an independent high school’s Section 501(c)(3) tax-exempt status does not constitute “receiving Federal financial assistance,” for purposes of subjecting an...more
Troutman Pepper’s 2023 Privacy Year in Review is a comprehensive analysis of the year’s key developments in privacy, security, and artificial intelligence and offers practical advice for companies navigating the bewildering...more
As more employers are requiring their employees return to the workplace, a recent decision from the U.S. District Court for the Eastern District of Pennsylvania, Oross v. Kutztown University, suggests that employers should...more
8/7/2023
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employee Benefits ,
Employer Liability Issues ,
Employer Mandates ,
Employment Litigation ,
Employment Policies ,
Reasonable Accommodation ,
Rehabilitation Act ,
Remote Working ,
Telecommuting
On April 27, the state of Washington enacted the My Health My Data Act (MHMDA), a comprehensive health privacy law that imposes broad restrictions on how “consumer health data” can be used by companies doing business in the...more
“Stranger Things” has made many of us think back on the days when we waited at Blockbuster to pick the latest release of our favorite movies, sometimes at the return dropbox. And the use of the term “Borked” has probably not...more
Editor’s Note: In regulatory news, the Federal Trade Commission extended the deadline to comply with the Safeguards Rule, and Health and Human Services issued guidance for the use of online tracking technology under HIPAA. In...more
Editor’s Note: The California Privacy Protection Agency released amendments to its draft regulations, and the Consumer Finance Protection Bureau contemplates rulemaking on sharing financial data. In U.S. litigation, the first...more
Editor’s Note: This past month featured increased activity in privacy and data protection. U.S. Legislation and Regulation. Connecticut’s governor signed a comprehensive privacy bill, and President Biden has before him a bill...more
Editor’s Note: Connecticut became the fifth state in the nation to successfully pass a comprehensive privacy bill (now awaiting its governor’s signature), following California, Colorado, Utah, and Virginia. Meanwhile,...more
5/13/2022
/ Advisory Committee ,
Artificial Intelligence ,
Biometric Information Privacy Act ,
Class Action ,
Connecticut ,
Data Privacy ,
Digital Services ,
Electronically Stored Information ,
Employee Tracking ,
EU ,
False Claims Act (FCA) ,
GINA ,
Personal Data ,
State Privacy Laws ,
Stored Communications Act ,
U.S. Commerce Department
On April 28, the U.S. Supreme Court held in Cummings v. Premier Rehab Keller, P.L.L.C., No. 20-219 (Roberts, C.J.) that damages for emotional distress are not available for statutes adopted under the spending clause. Although...more
On March 31, the Third Circuit issued a ruling in Doe v. Princeton University, reversing a district court’s dismissal of Title IX and state law claims against Princeton University by a male student who was accused of...more
Editor’s Note: Utah became the fourth state in the nation to successfully pass a comprehensive privacy bill, following California, Colorado, and Virginia. Meanwhile, seven other states failed at their own attempts, including...more
On March 24, the U.S. Supreme Court issued a unanimous decision in Houston Community College System v. Wilson, holding that the public censure of one of the plaintiff's elected trustees by his board colleagues did not violate...more
On March 25, a huge sigh of relief was heard from businesses and organizations located throughout the United States and Europe after the U.S. and European Commission announced their agreement in principle on a new...more
Editor’s Note: It may be the shortest month of the year, but February 2022 saw a flurry of privacy — especially biometric — legislation move closer to enactment. Kentucky, California, Maryland, and New York state introduced...more
On January 28, following the European Commission’s June 4, 2021 issuance of modified standard contractual clauses (SCCs), the United Kingdom’s (U.K.) secretary of state for digital, culture, media, and sport, presented the...more