News & Analysis as of

Data Privacy First Amendment State Privacy Laws

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

ArentFox Schiff on

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

Mintz on

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

Alston & Bird

Court Enjoins Enforcement of California Age-Appropriate Design Code Act

Alston & Bird on

On March 13, 2025, the U.S. District Court for the Northern District of California granted a preliminary injunction preventing the California Attorney General (AG) from enforcing the California Age-Appropriate Design Code Act...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

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

Snell & Wilmer on

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

Sheppard Mullin Richter & Hampton LLP

#StatusUpdate on Social Media, Apps, and Children’s Privacy

Regulations impacting children’s use of social media continues to be a space in motion the past few months. There have been developments at both the state level, as well as with the FTC. And there is no sign of slowing down....more

Husch Blackwell LLP

Court Enjoins California Age-Appropriate Design Code Act

Husch Blackwell LLP on

Keypoint: A California federal district court granted NetChoice’s motion for preliminary injunction, finding that the California Age-Appropriate Design Code Act likely violates the First Amendment. On September 18, 2023, the...more

BCLP

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

BCLP on

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

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