In a continuing effort to give consumers control of their personal data, California’s governor recently signed into law the California Opt Me Out Act (the Act). The Act will require businesses that develop or maintain browsers operating in California (for purposes of this alert, Developers) to Continue Reading
Complying with Care: Navigating Second Requests in Merger Approvals
When Assistant Attorney General Gail Slater unveiled the Department of Justice Antitrust Division's new "Comply with Care" task force in August, the announcement signaled that the Division is zeroing in on its policing of corporate mergers, intending to scrutinize Hart-Scott-Rodino (HSR) filings and Continue Reading
Mind the AI Gap and Keep Pace
More and more companies are using artificial intelligence tools like generative AI in their normal course of operations, including for hiring, pricing, and fraud detection. As businesses identify and implement new uses for these rapidly evolving technologies, they may anticipate that, by default, Continue Reading
Ninth Circuit Finds Percentage-Based Marketing Arrangements Not a Per Se Violation of EKRA
In 2018, the Eliminating Kickbacks in Recovery Act (EKRA) made it an offense for someone to knowingly and willfully pay or offer any remuneration (including any kickback, bribe, or rebate) directly or indirectly, overtly or covertly, in cash or in kind, to induce a referral of an individual to a Continue Reading
Key Steps for Government Contractors During the Federal Shutdown
The End of an Era: A Decade of Cybersecurity Protections Expire
With the new fiscal year upon us, it is official – the legal protections for sharing of cyber threat information among private sector entities and with the federal government were not renewed by Congress and have expired. The Cybersecurity Information Sharing Act of 2015 encouraged and, more Continue Reading
Class Action Alleging Deceptive Mortgage Acceleration Notice Language Proceeds
A North Carolina federal court has allowed a putative class case to proceed on a theory that a residential mortgage servicer’s notice that it “may” accelerate is deceptive under the FDCPA and state law. On September, 16, 2025, a judge for the US District Court of the Middle District of North Continue Reading
From Newsrooms to Concert Halls: Serving the Civic Soul of New Jersey
“I didn’t set out to become a chair of a state authority in my mid-30s. I certainly didn’t expect that sitting across from a strident adversary in a crowded Senate hearing room would be the moment that lit the fire. But that’s exactly what happened on a summer day in 1992, when I found myself locked Continue Reading
Investor Lawsuit Over Broadway’s Cabaret Highlights the Risks of Theatrical Investments
“Money makes the world go ’round,” sings the Emcee in Cabaret. For investors in a Broadway show, however, their money may not come back around at all. Although investing in a Broadway play or musical may appear glamorous—with perks such as complimentary tickets, co-producer billing, and invitations Continue Reading
Federal Courts Split on No Surprises Act Private Right of Action
Providers continue to question how to handle collection of dispute resolution awards under the federal No Surprises Act (NSA) as the federal courts remain split on their interpretation of the NSA. Most recently, in June 2025, the US Court of Appeals for the Fifth Circuit decided Guardian Flight LLC Continue Reading