What do the works of John Grisham, Jodi Picoult, and George R.R. Martin have in common? In addition to being bestsellers, they are at the heart of a consolidated class action asserting OpenAI's use of those authors' work as...more
11/11/2025
/ Algorithms ,
Artificial Intelligence ,
Authors ,
Class Action ,
Copyright ,
Copyright Infringement ,
Discovery ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Litigation Strategies ,
Machine Learning ,
Motion to Dismiss
In the wake of student demonstrations related to the intensification of the Israel-Palestine conflict, Texas amended a 2016 state law originally enacted to promote free speech on campus to add provisions restricting the...more
10/28/2025
/ Colleges ,
Constitutional Challenges ,
Educational Institutions ,
First Amendment ,
Fourteenth Amendment ,
Free Speech ,
New Legislation ,
Preliminary Injunctions ,
State and Local Government ,
Students ,
Texas ,
Universities
In a reversal of precedent, the U.S. Court of Appeals for the Ninth Circuit held that parties cannot immediately appeal denials of California Anti-SLAPP ("Strategic Lawsuit Against Public Participation") motions under the...more
10/17/2025
/ Anti-SLAPP ,
Appeals ,
Appellate Courts ,
California ,
Collateral Order Doctrine ,
En Banc Review ,
First Amendment ,
Interlocutory Appeals ,
Motion To Strike ,
Reversal ,
Social Media
Harvard College ("Harvard") secured a significant victory in its effort to resist the influence of federal government policy preferences on its academic programming and governance on September 3, 2025, as the U.S. District...more
The first step in the future of open banking under the Dodd-Frank Wall Street Reform and Consumer Protection Act ("Dodd-Frank" or the "Act") is here: in a notice posted August 22, 2025 (the "Notice"), the Consumer Financial...more
The Federal Communications Commission (“FCC”) achieved victory this week as the U.S. Court of Appeals for the Sixth Circuit upheld a heavily contested set of new data breach reporting requirements for telecommunications...more
8/18/2025
/ Appeals ,
Breach Notification Rule ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Security ,
FCC ,
Notification Requirements ,
Regulatory Requirements ,
Reporting Requirements ,
Statutory Interpretation ,
Telecommunications
In a rare appellate ruling regarding the breadth of Section 2705 of the Stored Communications Act (“SCA”), the U.S. Court of Appeals for the D.C. Circuit held the government could not use a broad, prospective nondisclosure...more
How can a company ensure that its clickwrap agreements for services are worth more than just the pixels they’re displayed on? In a recent ruling from the U.S. Court of Appeals for the Eleventh Circuit, the answer may be as...more
If an error is in a credit file and no one is around to see it, does it create standing? No, according to the U.S. Court of Appeals for the Eleventh Circuit, noting a plaintiff “cannot manufacture standing by spending time...more
For the past decade, many courts have found class action waivers in consumer contracts to be valid and enforceable under the Federal Arbitration Act. However, recently, the Allegheny Court of Common Pleas in Pittsburgh...more
After nearly a year of speculation, the Consumer Financial Protection Bureau (“CFPB”) issued a final rule (the “Rule”) to cap overdraft fees that financial institutions with at least $10 billion in assets can assess to...more
12/19/2024
/ Banking Sector ,
Banks ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Fee Caps ,
Final Rules ,
Financial Institutions ,
Financial Services Industry ,
Insufficient Funds ,
Overdraft Fees ,
Popular ,
Regulation E ,
Regulation Z
With fall sports in full swing, it may be easy to miss the fact that the NCAA has also been busy competing in the courtroom. On the same day that a federal judge in California preliminarily approved a $2.78 billion settlement...more