Two recent federal appellate decisions and a related decision from a Pennsylvania district court highlight a recurring question in online contracting: when does a website user have sufficient notice of hyperlinked terms to be bound?
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In early May, the Federal Trade Commission (“FTC”) announced a proposed settlement with digital marketing and analytics firm Kochava, Inc. (“Kochava”) and its subsidiary to resolve allegations the companies sold location data from hundreds of millions of mobile devices that could be used to trace individuals’ movements (FTC v. Kochava Inc., No. 22-00377…
On April 23, 2026, the Second Circuit issued a multi-part decision addressing copyright infringement claims involving a website’s embedding of social media video posts and display of video screenshots, reversing the lower court’s dismissal of the complaint. (Richardson v. Townsquare Media, Inc., No. 25-291 (2d Cir. Apr. 23, 2026)). Setting aside the appeal…
On April 13, 2026, Virginia Governor Abigail Spanberger signed the bipartisan bill SB338, amending the Virginia Consumer Data Protection Act (VCDPA) by prohibiting data controllers from selling or offering for sale a consumer’s precise geolocation data. SB 338 replaces the VCDPA’s prior consent-based treatment of precise geolocation data – which allowed data controllers to…
On March 20, 2026, the White House announced a comprehensive national legislative framework (the “Framework”) that tracks with its December 2025 AI Preemption Executive Order and its July 2025 AI Action Plan and takes aim at hot-button AI policy topics such as child safety and privacy, AI training and copyright, liability protections and preemption of…
Have you noticed a message on your food delivery app that reads: “THIS PRICE WAS SET BY AN ALGORITHM USING YOUR PERSONAL DATA”?
If so, the reason may be New York’s new personalized algorithmic pricing law (General Business Law § 349-a). Enacted in May 2025 and effective as of November 2025,[1] the…
A recently-filed federal court complaint tests the enforceability of restrictive terms in a data license against the use of licensed data for generative AI purposes. The outcome of this case may turn on interpreting broad terms such as training, internal research, distribution and publication.
UPDATE: On December 18, 2025, the court denied defendant Alexi Technologies…
In the closing days of August, two federal appeals courts issued noteworthy decisions at the intersection of workplace conduct, computer law and online platforms. The two opinions were released during a period of time this past summer amidst the continuing flurry of AI-related case developments and perhaps did not get wide media attention (but which…
In Cody v. Jill Acquisition LLC, No. 25-937 (S.D. Cal. June 30, 2025), the Southern District of California declined to enforce a retail site’s terms of use and compel arbitration, holding that the plaintiff, who used guest checkout to place an online order at the retail clothing site, did not have adequate notice of…
On June 3, 2025, Oregon Governor Tina Kotek signed HB 2008 into law to amend the Oregon Consumer Privacy Act,[1] the state’s comprehensive data privacy law. Among other items, effective January 1, 2026, the “sale” of two categories of personal data will be prohibited
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