On February 20, the U.S. Supreme Court released its decision in Learning Resources, Inc. v. Trump, the case challenging the legality of the Trump Administration’s tariffs imposed under the International Emergency Economic Powers Act (“IEEPA”). By a 6-3 majority, the Court held that IEEPA does not authorize the President
Continue Reading IEEPA Tariffs Terminated, Replacement Section 122 Tariffs Take EffectLitigation
Belgian High Court Confirms Full Judicial Review of Supervisory Authority Decisions
On 15 January 2026, the Belgian High Court delivered a judgment in proceedings initiated by the Belgian Supervisory Authority, in which it challenged the scope of judicial review exercised by the Market Court over its enforcement decisions. The authority was unsuccessful on both grounds of appeal.Continue Reading Belgian High Court Confirms Full Judicial Review of Supervisory Authority Decisions
CJEU Clarifies Responsibilities Of Online Marketplace Operators
By Dan Cooper, Kristof Van Quathem & Alix Bertrand on
On December 2, 2025, the Court of Justice of the European Union (“CJEU”) issued a decision clarifying the obligations of online marketplace operators with regard to content posted on their platform, where such content includes personal data. This blogpost provides an overview of the decision and its key takeaways.Continue Reading CJEU Clarifies Responsibilities Of Online Marketplace Operators
President Trump Signs Executive Order to Block State AI Laws
On December 11, President Trump signed an Executive Order on “Ensuring a National Policy Framework for Artificial Intelligence” (“AI Preemption EO”), the culmination of months of efforts by Republican lawmakers to assert federal primacy over AI regulation. The AI Preemption EO, which follows the release of a draft version in…
Continue Reading President Trump Signs Executive Order to Block State AI LawsThird Circuit Affirms Dismissal of CIPA and CMIA Claims
Posted in Litigation, Privacy
Last week, the Third Circuit affirmed dismissal of a putative class action asserting that defendant Quest Diagnostics violated the California Invasion of Privacy Act (“CIPA”) and the Confidentiality of Medical Information Act (“CMIA”) by employing a website pixel to track and collect data about their website activity for advertising purposes.
Continue Reading Third Circuit Affirms Dismissal of CIPA and CMIA ClaimsWhite House Drafts Executive Order to Preempt State AI Laws
According to reports published on November 19, the White House has prepared a draft Executive Order to preempt state AI regulations in lieu of a uniform national legislative framework, marking a significant escalation in federal efforts to assert control over AI regulation. The draft Executive Order, titled “Eliminating State…
Continue Reading White House Drafts Executive Order to Preempt State AI LawsDealing with an Extra Digit: Latest Developments in Excess Liability Insurance Coverage and “Bermuda Form” Arbitrations for Catastrophic Exposures
If you are the general counsel of a Fortune 500 company, you might be excused if you express bewilderment in response to reports about the successes of U.S. “tort reform.” In the past 5-8 years, both the plaintiffs’ bar and governmental authorities seem to have added an extra digit to…
Continue Reading Dealing with an Extra Digit: Latest Developments in Excess Liability Insurance Coverage and “Bermuda Form” Arbitrations for Catastrophic ExposuresInsurance Considerations for Privacy Class Action Lawsuits in This Technology Driven World
In this increasingly growing digital landscape, companies are entrusted with vast amounts of sensitive personal information. From names and email addresses to browsing habits and location data, companies routinely collect users’ personal data all to enhance convenience and functionality, advertise products, personalize experiences for consumers, and improve services. Plaintiffs’ law…
Continue Reading Insurance Considerations for Privacy Class Action Lawsuits in This Technology Driven WorldD.C. Circuit Deepens Circuit Split on Interpretation of “Consumer” Under VPPA
By Deb Malamud on
Posted in Litigation, Privacy
In Nicole Pileggi v. Washington Newspaper Publishing Company LLC, the D.C. Circuit unanimously affirmed the district court’s dismissal of a complaint alleging that news magazine and website Washington Examiner disclosed consumers’ personal information through a third-party pixel in violation of the Video Privacy Protection Act (“VPPA”). Continue Reading D.C. Circuit Deepens Circuit Split on Interpretation of “Consumer” Under VPPA
Federal Court Invalidates Prospective Blanket NDO
By Jim Garland, Alexander Berengaut, Megan Crowley & Diana Lee on
Posted in Litigation, Privacy
Last month, the D.C. Circuit in In re: Sealed Case, 2025 WL 2013687 (D.C. Cir. July 18, 2025) invalidated a non-disclosure order (“NDO”) that applied to prospectively issued subpoenas, holding that it failed to meet the statutory requirements in 18 U.S.C. § 2705(b) of the Stored Communications Act. Continue Reading Federal Court Invalidates Prospective Blanket NDO