Leveraging Knowledge to Manage Your Data Risks
On October 26, 2026, a federal judge denied ed-tech provider PowerSchool’s motion for partial judgment, keeping a California medical-privacy claim alive in In re PowerSchool Holdings, Inc. & PowerSchool Group, LLC Customer Security Breach Litig., No. 25-md-03149-AJB-MSB, slip op. at 12 (S.D. Cal. Oct. 26, 2026).
The case stems from a 2024 data breach…
Consumer protection litigation is climbing, even as federal enforcement filings decline. According to Lex Machina’s 2026 Consumer Protection Litigation Report, federal consumer protection filings reached 20,353 in 2025, a 31% increase over 2024 and a 10-year high. Credit reporting and telemarketing disputes were major drivers: Fair Credit Reporting Act (FCRA) cases reached 7,750, while Telephone…
Missouri Attorney General Catherine Hanaway announced on October 14, 2026, that her office has initiated a formal investigation into TikTok, Inc., “to determine whether the company has deceived families, exploited young users, or put children at risk through its platform’s design and operation.”
The Missouri AG’s office issued a civil investigative demand requiring TikTok to…
On October 19, 2026, a federal district court judge allowed ordinary negligence and implied-contract claims to proceed in a proposed class action against Kaplan North America. See Linsell v. Kaplan N. Am., LLC, No. 0:26-cv-60785-WPD, slip op. (S.D. Fla. Oct. 19, 2026). The plaintiffs all sought Kaplan’s test-preparation, professional-licensing, or educational services. The case…
On October 8, 2026, a federal judge in Pennsylvania allowed most claims in a student data-breach lawsuit against Fireworks Software, Inc. to proceed, while dismissing a New Jersey consumer-fraud claim. Adamek v. Fireworks Software, Inc., No. 2:24-cv-05185-NIQA, slip op. at 4–15 (E.D. Pa. Oct. 8, 2026), is a class action litigation following a 2024…
On September 30, 2026, a New York federal judge denied Major League Baseball’s digital-ticketing arm, MLB Advanced Media, L.P. (MLBAM), a chance to send to arbitration most claims over tickets that disappeared from the MLB Ballpark app after a cyberattack. Lanham v. MLB Advanced Media, L.P., No. 25-cv-7780 (AS), slip op. at 6–8 (S.D.N.Y.
A two-minute apartment tour may not sound like the kind of video Congress had in mind when it passed the Video Privacy Protection Act (VPPA) in 1988, but that question was at the heart of the recent oral argument in Banks v. CoStar Realty Info., Inc., No. 25-03320 (8th Cir. argued Sept. 23, 2026).…
This post was authored by Business Litigation group partner Eric Del Pozo.
In United States v. Alisigwe, No. 24-960 (2d Cir. Sept. 17, 2026), a divided Second Circuit held that border agents may conduct searches of international travelers’ cellphones without a judicial warrant, reasonable suspicion of criminal activity, or any individualized justification. This…
On August 26, 2026, LexisNexis won an important, but limited, victory in a proposed class action: a federal court refused to certify a class of people seeking damages for the company’s response to privacy requests which violated the Fair Credit Reporting Act (FCRA). The court did not decide whether LexisNexis had violated the FCRA, only…
On August 19, 2026, the Federal Trade Commission (FTC) and the state of Connecticut announced a proposed $4 million settlement with Manchester City Nissan and several of its officers. The settlement reminds any organization that advertises to consumers: the price customers see should be the price they can expect to pay.
The case involves alleged…
