As in years past, the government continued its efforts to combat cybersecurity threats utilizing the False Claims Act (FCA). Overall, 2025 saw the highest FCA recoveries amount to date — over $6.8 billion in recoveries were awarded. With the ongoing Civil Cyber-Fraud Initiative, the focus remained on companies’ noncompliance with cybersecurity controls and allegations of
Online & On Point
Florida’s Renewed Push for Cyber Litigation Reform
Florida lawmakers are once again weighing whether to provide litigation protections to companies that invest in meaningful cybersecurity safeguards. A revised proposal now pending before the Florida Legislature seeks to strike a balance between encouraging proactive data security measures and preserving consumer remedies following a breach. Data incidents are commonly met with class action lawsuits…
From Convenience to Courtroom: Florida’s Expanding Website “Wiretapping” Litigation Risk
Retailers. Banks. Healthcare systems. E-commerce platforms. Across industries, live chat, session replay software, and website analytics have become standard tools for customer engagement. These technologies help businesses respond to consumer inquiries in real time, improve website functionality, reduce cart abandonment, train customer service teams, and resolve disputes.
For companies operating nationally, the landscape is shifting…
The New Age-Verification Reality: Compliance in a Rapidly Expanding State Regulatory Landscape
Age Verification Compliance Obligations
Age verification requirements have rapidly moved from a niche policy concept to a central feature of the U.S. regulatory landscape. Over the last two years, and accelerating sharply in 2025, states have increasingly adopted laws that require online services to confirm a user’s age before allowing access to certain types of…
New California AI Laws Taking Effect in 2026
By A.J. Bahou & Eric Stocking
In 2026, a wide range of California laws regulating the development, marketing, and use of artificial intelligence (AI) go into effect. Together, these bills impose new requirements on generative AI developers, frontier-model companies, healthcare-related AI tools, platforms distributing AI-generated content, and businesses that rely on algorithmic pricing. With the deadline to comply coming up quickly,…
The DOJ Data Security Program: Are You in Compliance?
A New Approach to Data Regulation
With the U.S. Department of Justice’s Data Security Program (DSP) now in full effect, companies that handle sensitive personal data, operate across borders, or rely on global vendor ecosystems face an increasingly complex compliance environment. The DSP restricts certain data transactions involving individuals and countries of concern, imposes new…
The FTC’s Final Rule on Unfair or Deceptive Fees Stole the Spotlight: Your Business Can’t Afford to Be Distracted
On May 12, 2025, the Federal Trade Commission’s Rule on Unfair or Deceptive Fees took effect, thereby thrusting the United States’ primary regulator of unfair or deceptive practices once more into the spotlight. But the spotlight given to the FTC rule, which only applies to the short-term lodging and live-event ticketing industries, has obscured the…
Texas SB 140 and Text Marketing: What the State Just Told the Court — and What It Means for Your Business
If you run an ecommerce brand or handle marketing compliance, you’ve probably heard about Texas Senate Bill 140 (SB 140) and its potential impact on text message marketing. Earlier this month, a group of plaintiffs, including an industry association and two e-commerce companies, asked a federal court in Austin to block the state from enforcing…
Dark Skies for Small Businesses Caught in Social Media Net
A new Mississippi law, known as the Walker Montgomery Protecting Children Online Act, has prompted several companies to block Mississippi IP addresses from accessing their platforms. In fact, social media company Bluesky posted a response to the enactment of the law on its website. Bluesky explained the decision to make their app unavailable to Mississippi…
Tennessee Data Privacy Law (TIPA) Effective July 1: Are You Prepared?
July 1 marked the official enforcement date of the Tennessee Information Protection Act (TIPA), the state’s comprehensive consumer privacy law. Signed into law in 2023, TIPA grants consumers specific rights concerning their personal information and regulates covered businesses and service providers that collect, use, share, or otherwise process consumers’ personal information. With all TIPA…