New York ‘s Child Data Protection Act, available here, took effect on June 20. This is a landmark piece of legislation designed to enhance the online privacy and safety of minors. As concerns over children’s digital footprints grow, New York’s approach is drawing national attention for its distinctive legal standards.

In the recent high-profile civil class action, Frasco v. Flo Health, a California federal court issued a significant ruling partially certifying a nationwide class and California subclass of individuals who used the Flo Health mobile app. The decision highlights the growing legal complexity of class action privacy claims in the age of Big Tech and health apps.

The U.S. Court of Appeals for the Ninth Circuit has issued a pivotal ruling that is likely to reshape privacy litigation for e-commerce platforms.

When evaluating where artificial intelligence has had the most impact, many think of their personal use of AI or the integration of AI into many consumer applications. The use of AI in the employment context is on the back burner for many, but it has become a significant issue.

The Constangy Cyber Team continues to expand our capabilities with the addition of three exceptional attorneys who joined the team this month. Madison Balasek, Aaron Davis, and Ashley Waring and bring impressive credentials and experience in data privacy and cybersecurity law, enhancing our ability to respond swiftly and strategically to client needs in a rapidly evolving landscape.

In Perlaki v. J.B. Poindexter & Co., Inc., a data breach class action, Magistrate Judge Andrew M. Edison of the Southern District of Texas found that the plaintiff had standing to sue under Article III of the United States Constitution but recommended dismissal of the plaintiff’s data breach plaintiff’s claims under Texas law.

As cyberattacks and cybercriminals are becoming increasingly sophisticated, safeguarding employee benefit plans, including health and welfare plans, is crucial. The Employee Benefits Security Administration of the U.S. Department of Labor has published an update to its guidance initially issued in April 2021 on cybersecurity best practices for plan sponsors and fiduciaries.  

On April 16, attorneys general from seven states and a state agency announced that they were forming the Consortium of Privacy Regulators, a new effort to better protect consumers’ privacy.

Consumers have been trading their DNA for a personal genetic history lesson with 23andMe since 2007. The company has since become extremely popular and has collected a trove of genetic information relating to more than 14 million people. But in March 2025, 23andMe filed for Chapter 11 bankruptcy due to ongoing financial struggles and data privacy concerns after the company experienced a major data breach involving approximately 6.9 million customers and resulting in a $30 million settlement.

The Constangy Cyber Team continues to grow with the addition of three outstanding new attorneys, allowing us to quickly and effectively respond to our clients' data privacy and cybersecurity needs. Please join us in welcoming Lynda Jensen, Brett Swanson, and Steven Morris to the Constangy Cyber Team. Each brings a wealth of knowledge and experience, underscoring our commitment to providing top-tier legal counsel.