Absolute litigation privilege continues its expansion in Illinois
12/17/25
In the recent decision, of Lewis v. Kalbhen, 2025 IL App (1st) 242110, the Illinois Appellate Court, First District, reaffirmed and meaningfully expanded the scope of the absolute litigation privilege, providing important protection for parties, …
Indiana releases new Consumer Data Protection Bill of Rights
12/15/25
By: Jacob Berlinger and Jason G. Weiss
Indiana is preparing residents for the upcoming Indiana Consumer Data Protection Act (“CDPA”), which takes effect January 1, 2026, by releasing the Consumer Data Protection Bill of Rights (“CDPBR”). On November 25, 2025, …
A measured shift in Title VI enforcement: what employers and HR leaders should know
12/15/25
By: Sunshine Fellows
On December 9, 2025, the U.S. Department of Justice finalized revisions to its Title VI regulations under the Civil Rights Act of 1964. The updated rule narrows DOJ enforcement exclusively to cases involving intentional discrimination, eliminating regulatory …
Most consequential civil decision of 21st Century issued by Illinois Supreme Court on standing
12/15/25
By: Donald Patrick Eckler and Ryne Sack
In a seminal decision, the Illinois Supreme Court held that a plaintiff lacked standing to bring a FACTA violation claim because she did not raise concrete harm in her pleadings. The plaintiff in …
Appellate Practice: The right-for-any-reason rule
12/9/25
By: Jacob Daly
As a general rule, the scope of appellate review is limited to issues that were raised by the parties and ruled on by the trial court. As a result, appellate courts often refuse to rule on issues …
Florida enters the privacy enforcement arena: Why companies need to take note
12/1/25
By: Jacob Berlinger and Zohar Peleg
The Sunshine State has officially stepped into the privacy-enforcement arena. On October 13, 2025, Florida Attorney General James Uthmeier announced that the Office of Parental Rights filed a civil enforcement action against Roku, Inc. …
Revisiting Koikos: The Eleventh Circuit re-interprets the word “occurrence”
11/21/25
By: Christian Gunneson and Alexia Roney
In the aftermath of the Parkland school shooting in 2018, victims filed over sixty lawsuits against the Broward County Sheriff’s Office (“BCSO”) for failing to secure Marjory Stoneman Douglas High School.
The BCSO tendered …
11/19/25
By: Jacob Berlinger and Alexia Roney
In 2023, India enacted the Digital Personal Data Protection Act (“DPDP Act”), the first standalone data protection legislation governing the requirements for collection and processing of digitized personal data. The DPDP Act is guided …
Emerging issues in data breach litigation: Duty of care under Georgia law
11/19/25
By: Jacob Berlinger and David Cole
Beyond the familiar challenges of establishing standing and proving injury from a data breach, courts are increasingly grappling with threshold questions about the viability of plaintiffs’ legal theories. One recurring issue is whether—and to …
Hillsdale decision extends VPPA to free, educational content
11/17/25
By: Michael Brown and Emily Mayfield
A recent decision by the U.S. District Court for the Western District of Michigan has expanded the interpretation of who may qualify as a “video tape service provider” under the Video Privacy Protection Act …
11/7/25
On October 31, 2025, Judge Edith Jones wrote for the Fifth Circuit in Hiran Management, Inc. v. NLRB: “Ninety years after Congress created the National Labor Relations Board (“NLRB”) the NLRB claimed for the …
Potential impact of Pennsylvania’s Paul Miller Law on motorist liability
6/5/25
By: Joshua G. Ferguson and William P. Bodycot
Effective June 5, 2025, motorists in the Commonwealth of Pennsylvania will operate under a new law entitled “Paul Miller’s Law.” The new statute, signed into law last year by Governor Josh Shapiro …