News & Analysis as of

Data Privacy First Amendment Constitutional Challenges

Klein Moynihan Turco LLP

Daniel’s Law – Constitutionality Challenge Update

As our readers well know, one particular entity has sued a litany of companies for allegedly violating a New Jersey State privacy law known as Daniel’s Law. Our readers also know that many of these companies have appealed a...more

Klein Moynihan Turco LLP

Federal Court Moonwalks Over West Virginia’s Daniel’s Law

While the United States Court of Appeals for the Third Circuit (“Third Circuit”) weighs the constitutionality of New Jersey State’s Daniel’s Law, a West Virginia federal court recently opined on the constitutionality of its...more

ArentFox Schiff

New York Seeks Transparency in Personal Algorithmic Pricing Practices

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Certain businesses implement dynamic pricing based on individual preferences or previously collected consumer data. This practice may soon be prohibited in New York if those websites fail to state, “THIS PRICE WAS SET BY AN...more

Kohrman Jackson & Krantz LLP

First Amendment Push-Me Pull-You: New Hurdles to Examining Digital Content Privately

The digital landscape has always posed a twin challenge: how to protect children online while also preserving robust free speech rights for adults consistent with the First Amendment. This tension reached a logical zenith...more

Mintz

What’s in Your Wallet: National Retail Federation Files Suit Against New York Algorithmic Pricing Law

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What is algorithmic pricing? The Canadian Competition Bureau broadly defines it as “the process of using automated algorithms to set or recommend prices for products of services, often in real time, based on a set of data...more

Venable LLP

Laws Regulating Minors' Access to Social Media Face First Amendment Scrutiny in the Courts

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Last month, the United States District Court for the Western District of Texas enjoined parts of the state's Securing Children Online Through Parental Empowerment (SCOPE) Act, a law requiring certain digital service providers...more

Sheppard Mullin Richter & Hampton LLP

California’s Kids’ Social Media Law Wrangling Continues, and Maryland Too!

The Ninth Circuit continued the pause on California’s SB 976 (Protecting Our Kids from Social Media Addiction Act) as of late January 2025. The law was signed by Governor Newsom in September 2024, and challenged by NetChoice...more

Snell & Wilmer

Supreme Court Upholds Law Restricting TikTok’s Operations in the U.S.

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On January 17, 2025, the Supreme Court issued its decision in TikTok Inc. v. Garland, affirming the constitutionality of the Protecting Americans from Foreign Adversary Controlled Applications Act (the Act), which restricts...more

Troutman Pepper Locke

Third Circuit Denies Class Certification But Upholds TCPA’s Restrictions on Unsolicited Fax Advertisements

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Last week, the U.S. Court of Appeals for the Third Circuit issued an opinion denying class certification in a case under the Telephone Consumer Protection Act (TCPA) finding common issues did not predominate the individual...more

Nelson Mullins Riley & Scarborough LLP

The TikTok Ban Saga: SCOTUS, Trump’s Executive Order, and the Implications for Digital Marketing and Emerging Platforms

From expedited Constitutional challenges to an exodus of self-proclaimed “TikTok Refugees” to new foreign-owned social media platforms, the past week leading up to the Jan. 19, 2025, deadline for the TikTok Ban has been a...more

Holland & Knight LLP

U.S. Supreme Court Upholds TikTok Sale-or-Ban Law

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In a much-anticipated decision, the U.S. Supreme Court on Jan. 17, 2025, rejected TikTok's appeal and upheld the Protecting Americans from Foreign Adversary Controlled Applications Act (Act). The act, which was signed into...more

Cranfill Sumner LLP

Why the Supreme Court Tolerated the TikTok Ban (And What That May Teach Us About Deference)

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Today the Supreme Court of the United States declined to block Congress’s TikTok ban, clearing the way for the ban to take effect on January 19, 2025. On a quick look, banning an online forum where millions of Americans...more

WilmerHale

Missouri Attorney General Promulgates Algorithmic Freedom Regulation

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On January 16th, Missouri Attorney General Andrew Bailey announced that he plans to issue a regulation that requires social media platforms to “offer algorithmic choice” to users....more

Epstein Becker & Green

TikTok, the Clock Won’t Stop, and Cases Involving Court Jurisdiction Narrowly Focused - SCOTUS Today

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As the snow has fallen on Washington, DC’s First Street over the past few days, the Supreme Court has begun to issue opinions in the current term....more

Snell & Wilmer

Ninth Circuit Upholds Oregon's Ban on Unannounced Audio Recordings, Rejects First Amendment Challenge

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The U.S. Court of Appeals for the Ninth Circuit has affirmed the dismissal of a lawsuit brought by Project Veritas, a conservative activist group that engages in undercover journalism, challenging the constitutionality of an...more

DarrowEverett LLP

Vibe Check on TikTok: Legal Changes May Force App to Take the L

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The future of TikTok is on the table in the United States. As has been widely covered, in April 2024, Congress passed the Protecting Americans from Foreign Adversary Controlled Applications Act (the “Act”), which...more

Wyrick Robbins Yates & Ponton LLP

Nothing But NetChoice: Federal Court Blocks Enforcement of California Age-Appropriate Design Code

A federal court in the Northern District of California recently granted a preliminary injunction in NetChoice v. Bonta that enjoins enforcement of the California Age-Appropriate Design Code (“Code”), which would have taken...more

BCLP

California’s Expansive New Children’s Online Privacy Law Faces First Amendment Challenge

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The protection of children's online privacy has emerged as one of the most important data privacy issues in the United States. With the existing U.S. framework for protecting children's online privacy widely criticized as...more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - December 2020

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CYBERSECURITY - Cyber Exposures Rise During Pandemic - Although it is logical that cyber-attacks have risen during the pandemic, and there is anecdotal evidence that it is occurring, including our own experience, an...more

Harris Beach Murtha PLLC

Telemarketing Legislation, Litigation Remain Hot-Button Issues for Legislature and Courts

The legislation and litigation regarding unwanted calls remain alive and well and show no signs of ending anytime soon. With recent statutes enacted by the federal and New York State legislatures, telemarketing and debt...more

McDermott Will & Schulte

Though CCPA Is Now Live, Questions Concerning Its Constitutionality Linger

As businesses have scrambled to obtain compliance with the California Consumer Privacy Act (CCPA) in recent months, questions surrounding its constitutionality have arisen. As a broad, sometimes unclear state law that imposes...more

Fisher Phillips

Web Exclusive - June 2018: The Top 18 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

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