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Klein Moynihan Turco LLP

Consent Defeats Wiretapping Claims

As our readers know, the use of internet tracking technologies on consumer-facing websites is widespread. Utilization of these third-party tracking tools, however, has led to a proliferation of lawsuits alleging that...more

Fisher Phillips

Employers Turn to AI to Screen Candidates’ Social Media: Best Practices to Minimize Legal Threats

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Roughly 70% of employers now screen social media profiles as part of the applicant screening process – but manually scrolling through Facebook posts, X feeds, and Instagram photos is time-consuming and inconsistent. Enter...more

Troutman Amin LLP

ODDBALL: Three Quick Take Aways You Might Have Missed from the Ninth Circuit’s Huge Ruling in Howard

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So the biggest new TCPA decision of 2026 so far is definitely Howard v. RNCC out of the Ninth Circuit. In that case the court held cold call video messages sent by Republicans to potential voters did NOT violate the TCPA...more

Fisher Phillips

Thinking About Gamified AI Hiring Assessments? 6 Legal Risks and 6 Mitigation Steps to Consider

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Your talent acquisition team just pitched an exciting idea: replace your boring personality tests with AI-powered games that measure soft skills like creativity, resilience, and teamwork. The vendor promises better candidate...more

Sheppard Mullin Richter & Hampton LLP

When AI Clicks “Pay”: The Emerging Compliance Risks of Agentic Commerce

AI-driven “agentic commerce” is no longer theoretical. Today’s AI assistants can already search for products, compare options, populate shopping carts, check out, initiate payment, and make returns, all on behalf of a person...more

Troutman Amin LLP

FAST AND EASY?: Nathan Barton Seeks Judgment Against Fast and Easy Marketing– But It Doesn’t Go As Planned

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Quick one for you TCPAWorld. In Barton v. Fast and Easy Marketing, LLC, et al. 2026 WL 25742 (W.D. Wash. Jan. 5, 2026) famous repeat litigator Nathan Barton filed suit against several companies in connection with unwanted...more

Littler

Dear Littler: Are There Any Concerns About Letting Our Employees Post Videos About Our Products?

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Dear Littler, I’m a marketing manager at a nationwide retailer. One of our sales associates is an aspiring “influencer” who asked if she could film a short video showcasing our new products for social media. This could be...more

Osano

Q&A From Our 2026 Privacy Laws Webinar

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Miss the most recent webinar from the Osano team? Did your question not come up during discussion? Don't worry: We've collated, condensed, and thematically grouped the questions from 2026 Privacy Laws: New Laws, Amendments,...more

Freeman Mathis & Gary

Key ECPA decision outlines important exceptions to the Wiretap Act

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On January 13, 2026, the U.S. District Court for the Northern District of Illinois issued a significant opinion in Lisota v. Heartland Dental, LLC and RingCentral, Inc., a case involving popular AI-enhanced recording tools in...more

Bond Schoeneck & King PLLC

New York’s New AI Guardrails on AI Generated Performers and Postmortem Digital Replicas: What Institutions of Higher Education...

New York has enacted two significant AI-related laws aimed at “protecting consumers and boosting AI transparency” as part of the state’s AI regulatory agenda at the very moment the federal government is asserting a contrary,...more

Holland & Hart - Health Law Blog

Beyond HIPAA: Navigating the “More Stringent” Standard

In light of the upcoming deadline for covered entities to update their Notice of Privacy Practices by February 16, 2026, covered entities should consider “more stringent” state laws that may apply to these updated forms and...more

Goodwin

Walls Have Ears: Data, Privacy, and Real Estate

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Buildings collect data about the experiences of occupants creating compliance questions that affect transaction values....more

Roetzel & Andress

HIPAA Covered Entity and Part 2 Program Updates to Notice of Privacy Practices

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Under recent federal rulemaking, Part 2 Programs and HIPAA covered entities that process Part 2 Substance Use Disorder (SUD) records must update their Notice of Privacy Practices (NPP) by February 16, 2026. Which Providers...more

Robinson+Cole Data Privacy + Security Insider

What the Adidas CIPA Decision Means for Website Operators

Businesses that run consumer-facing websites have spent the past several years contending with a steady stream of California Invasion of Privacy Act (CIPA) demands and class actions aimed at everyday digital tools such as...more

Robinson+Cole Health Law Diagnosis

Search Bars, Chatbots, and Tracking Pixels: Practical Steps Labs Can Take to Reduce CIPA Risk in 2026

Plaintiffs’ firms are adapting the California Invasion of Privacy Act (CIPA), a 1960s-era wiretapping statute, to modern web technologies such as pixels, chatbots, and session replay tools. For laboratories, the practical...more

DLA Piper

Innovation Law Insights - January 2026 # 2

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Privacy and cybersecurity - EDPB's strict approach on legal bases for requiring the creation of a user account on e-commerce websites On 3 December 2025, the EDPB published the Recommendations 2/2025 on the legal...more

Lowenstein Sandler LLP

Supreme Court To Define ‘Consumer’ Under the VPPA: What’s at Stake for Privacy Litigation

On January 26, the U.S. Supreme Court granted certiorari in Michael Salazar v. Paramount Global (d/b/a 247Sports), No. 25-459, to decide a threshold question under the federal Video Privacy Protection Act (VPPA): who...more

Holland & Knight LLP

Illinois Adopts Expansive Receivership Act Effective January 1, 2026

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The Illinois Receivership Act (the Act) creates a comprehensive statutory framework for commercial receiverships, effective January 1, 2026, that in practice functions as a "mini bankruptcy." The Act modernizes and...more

Potomac Law Group, PLLC

Maryland’s Online Data Privacy Act (MODPA): What Business Owners Need to Know

The Maryland Online Data Privacy Act (MODPA), which will be enforced starting April 1, 2026, is Maryland’s comprehensive consumer‑privacy law for businesses that collect or process personal data of Maryland residents. It...more

Kelley Drye & Warren LLP

35 State AGs Don’t Grok xAI, Issue Letter of Concern

Last week, 35 state attorneys general, led by Connecticut, North Carolina, Utah, and Pennsylvania, penned a letter to xAI outlining concerns regarding nonconsensual intimate images (NCII) generated on Grok....more

Bradley Arant Boult Cummings LLP

Check on the Checking: FCRA Requirements on Employee Background Checks

The Fair Credit Reporting Act (FCRA) may not be the first employment law that comes to mind when an employer wants to reduce legal risks and avoid potential pitfalls....more

Foley & Lardner LLP

Your Data’s Travel Diary

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Today I left the house again. I thought my life would be simple, maybe settle into a spreadsheet and hang out for a while. Instead, I’m a frequent flyer in every modern organization. I have more passport stamps than a travel...more

Arnall Golden Gregory LLP

AGG Celebrates Data Privacy Day 2026 With a U.S. Privacy Law Update

Key Takeaways - U.S. state privacy laws continue to expand and evolve. As of January 1, 2026, Indiana, Kentucky, and Rhode Island joined the list of states with consumer privacy laws in effect, bringing the total to 19...more

Sheppard Mullin Richter & Hampton LLP

Virginia Legislature Emphasizes Its “Little” TCPA Applies to Texts

Virginia amended its Telephone Privacy Protection Act, effective at the start of January. Among other changes, the law removes the word “call” in many places that impose requirements on telephone solicitations. As a reminder,...more

Sheppard Mullin Richter & Hampton LLP

French CNIL Provides Guidance on Cross-Device Cookie Consent

How and when to get consent for cross-device tracking has been a worry for many companies subject to GDPR and similar regimes. The French data protection authority, CNIL, adopted recommendations about this practice in 2020,...more

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