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Constitutional Challenges Privacy Laws

Hudson Cook, LLP

State Watch: Consumer Protection Enforcement Update - June 2025

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Attorney General James sued a national bank and its holding company for the bank's alleged practices relating to its offering of online savings accounts. Specifically, the AG claims that the bank offered a "high interest"...more

Gray Reed

Balancing Privacy and Tax Enforcement in the Digital Age

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The Internal Revenue Service was aware of significant underreporting of cryptocurrency on tax returns and used one of its investigative tools (i.e., a John Doe summons) in 2016 to seek financial information on thousands of...more

Kelley Drye & Warren LLP

Multistate Coalition Files Amicus Brief in Support of Anti-Doxing Law

This week, a bipartisan group of 42 attorneys general filed an amicus brief asking the U.S. Court of Appeals for the Third Circuit to uphold Daniel’s Law, a New Jersey statute enacted to protect public servants from ​“doxing”...more

Morrison & Foerster LLP

[Webinar] Caught in the Web: Untangling Challenges to Teen Online Safety Laws - June 3rd, 1:00 pm ET

Join Morrison Foerster’s global Privacy + Data Security Group for our masterclass webinar, “Caught in the Web: Untangling Challenges to Teen Online Safety Laws." We will break down the evolving legal landscape around teen...more

Blank Rome LLP

The BR Privacy & Security Download: May 2025

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Welcome to this month’s issue of The BR Privacy & Security Download, the digital newsletter of Blank Rome’s Privacy, Security, & Data Protection practice. We invite you to share this resource with your colleagues and visit...more

Woods Rogers

Virginia Amends Data Privacy Law To Impose New Restrictions on Social Media Platforms

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On May 2, 2025, Virginia Governor Glenn Youngkin signed Senate Bill 854 (SB854) into law, which imposes new restrictions and compliance obligations on social media platforms. Specifically, SB854 amends the Virginia Consumer...more

EDRM - Electronic Discovery Reference Model

En Banc Fourth Circuit Geofence Decision is Splintered

In U.S. v. Chatrie, __ F. 4th __, 2025 WL 1242063 (4th Cir. Apr. 30, 2025)(en banc), the Court issued a per curiam affirmance of the District Court’s geofence decision. Fourteen judges joined in that decision. There were...more

Womble Bond Dickinson

Crossing Borders with Electronics: Know Your Rights and Risks

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With increasing digitalization of our lives and businesses, privacy concerns from border searches of phones, laptops and tables are a growing concern for professionals, executives, and frequent international travelers. U.S....more

Woods Rogers

Heightened U.S. Border Scrutiny Poses Increased Digital Privacy Risk for Entrants to U.S.

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Foreign nationals visiting the United States, and even returning U.S. citizens and other legal residents (with valid visas), face increasing digital privacy risks and potential entry challenges when arriving at U.S. ports of...more

Sheppard Mullin Richter & Hampton LLP

Arkansas’ Kids Social Media Law: Another One Bites the Dust

Arkansas’ second attempt at regulating minor’s access to social media – in the form of the Social Media Safety Act (SB 689) – has again been struck down as unconstitutional. The court permanently enjoined the state from...more

Robinson+Cole Data Privacy + Security Insider

EdTech and Privacy of Student Information: A Case Study

On March 27, 2025, a class action lawsuit was filed against the education technology (EdTech) company Instructure, the parent company of Canvas, a popular learning management system. The complaint alleges that Instructure...more

Klein Moynihan Turco LLP

Daniel’s Law Update

Our readers may recall a prior piece in which we discussed a New Jersey federal district court (“District Court”) decision denying constitutionality-related challenges to a New Jersey privacy law known as Daniel’s Law. Below,...more

Lathrop GPM

Federal “Information Silos” Protect Privacy - A New Executive Order Threatens Them

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On March 20, President Trump signed an Executive Order titled Stopping Waste, Fraud, and Abuse by Eliminating Information Silos, which calls for federal officials “to have full and prompt access to all unclassified agency...more

McAfee & Taft

Gavel to Gavel: Warrants and the workplace

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Law enforcement agents are not all-powerful in the United States; their power is restricted by the Fourth Amendment to the United States Constitution. Although primetime police dramas often paper over the details, every...more

Pierce Atwood LLP

Massachusetts Court Denies Certification of Privacy Class Action for Failure to Meet Ascertainability Requirement

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On February 14, 2025, in Therrien v. Hearst Television, Inc., the District of Massachusetts denied a motion for class certification due to the plaintiff’s failure to meet the implied ascertainability requirement of Rule 23....more

Hinch Newman LLP

The State of the FTC’s Consumer Protection Agenda Under President Trump

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As contemplated in December 2024, the Federal Trade Commission’s operations during the first two months under the second Trump Administration have been chaotic. Unsurprisingly, the policy focus appears to be de-regulation...more

ArentFox Schiff

Digital Borders: The Power of Immigration Officials’ Authority to Search Your Devices

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US Customs and Border Protection (CBP) has the authority to search electronic devices — including phones, laptops, tablets, and other electronic devices — of anyone entering the United States, including US citizens and...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

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

Parker Poe Adams & Bernstein LLP

What Schools Need to Know About Immigration Enforcement Activities Under the New Presidential Administration

Schools are no longer exempt from immigration enforcement activities after President Donald Trump rescinded a Department of Homeland Security (DHS) policy last week that designated schools a "sensitive area" for immigration...more

Venable LLP

Online Applications Are Tracking Your Location, and the Government Wants That Information. Is That Lawful?

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When you use your cellphone to search for businesses near you, you may opt into data collection about your location with an accuracy of within a few hundred feet. Often, unless you affirmatively opt out later, that data...more

Schwabe, Williamson & Wyatt PC

Navigating Immigration in Healthcare Under a New Administration

On his first day in office, President Trump made good on several campaign promises by issuing various immigration-related executive orders. In his inauguration speech, the new president defended his actions by declaring:...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

Miller Nash LLP

Veritas Means Truth: The Ninth Circuit Affirms Oregon’s Restriction on Unauthorized Recordings

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On Tuesday, January 7, 2025, the Ninth Circuit upheld Oregon’s conversational privacy statute as constitutional, finding that Oregonians have an interest in knowing when in-person conversations are recorded and that these...more

Blake, Cassels & Graydon LLP

Quebec Court of Appeal Rules on the Limits of CPA Professional Secrecy for Financial Whistleblowing

On November 12, 2024, the Quebec Court of Appeal (QCA) rendered a significant decision in Autorité des marchés financiers c. Ordre des comptables professionnels agréés du Québec (available in French only) relating to section...more

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