On September 24, 2025, Ranking Member Cantwell (D-Wash.), Leader Schumer (D-NY), and Senator Markey (D-Mass.) announced they will introduce the “Management of Individuals’ Neural Data Act of 2025” (“MIND Act”). If enacted, the MIND Act will direct the Federal Trade Commission (“FTC”) to conduct a comprehensive study and report on the collection, processing, storage, sale, […]
Privacy & Cybersecurity Litigation
Suite Victory: Marriott Finally Checks Out of Court
On June 3, 2025, the U.S. Court of Appeals for the Fourth Circuit issued a pivotal ruling in longstanding litigation against Marriott International, Inc., arising out of a 2018 data breach involving its Starwood Preferred Guest Program. In reversing the lower court’s grant of class certification, the Fourth Circuit determined that the customers’ contractual agreements […]
Arkansas Enacts Children and Teens’ Online Privacy Protection Act
On April 21, 2025, Arkansas Governor Sarah Huckabee Sanders signed into law the Arkansas Children and Teens’ Online Privacy Protection Act (Act), which will become effective on July 1, 2026. It draws inspiration from the federal Children and Teens’ Online Privacy Protection Act (COPPA 2.0) and provides stronger privacy protections for Arkansas residents under thirteen […]
Ninth Circuit Addresses Personal Jurisdiction Based on E-Commerce Data Collection in En Banc Decision
A recent decision by the Ninth Circuit Court of Appeals in Briskin v. Shopify, Inc., No. 22-15815, could impact the scope of personal jurisdiction over e-commerce and other entities that utilize cookies to collect personal information from visitors to the entities’ websites, particularly in California. Although the impact of the case remains to be seen, […]
FTC Publishes Amendments to COPPA Rule
On April 22, 2025, the Federal Trade Commission (FTC) published the finalized amendments (Amendments) to the Children’s Online Privacy Protection Rule (COPPA Rule) that would impose additional restrictions on website and online service operators that collect personal information from children under the age of thirteen. The Amendments will become effective on June 23, 2025. Operators […]