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Our insights are intended to discuss in a general nature the legal developments relating to our core areas of practice. Insights should not be construed as legal advice or legal opinion. Furthermore, these matters are continually subject to change, and therefore the information below may not reflect the most current legal developments. Readers should not act or rely upon the information without seeking specific advice relating to their facts and circumstances from legal counsel.

Insights
Marketing Law TCPA Harry Richt

Texas Defends SB 140: What the State’s Opposition Brief Means for SMS Marketers

On September 26, 2025, the Texas Attorney General’s office filed its opposition to the preliminary injunction motion in the federal constitutional challenge to Texas SB 140. While the State’s position may provide some comfort to SMS marketers operating consent-based programs, businesses should understand both what the filing says—and what risks remain despite it. December 2025 …

Read more Texas Defends SB 140: What the State’s Opposition Brief Means for SMS Marketers

Marketing Law Pricing Harry Richt

FTC Secures Historic $2.5 Billion Settlement Against Amazon for Prime Subscription Violations

The Federal Trade Commission has secured a monumental $2.5 billion settlement against Amazon.com, Inc., marking one of the largest consumer protection settlements in FTC history and sending a clear message to companies about the importance of subscription transparency and easy cancellation processes. The Settlement Details This historic settlement stems from allegations that Amazon engaged in …

Read more FTC Secures Historic $2.5 Billion Settlement Against Amazon for Prime Subscription Violations

Privacy Law Harry Richt

Meta Loses Post-Trial Bid in Landmark CIPA Case Involving Flo Health App

A landmark jury verdict against Meta Platforms, Inc. in a California privacy class action was recently upheld by the United States District Court for the Northern District of California. The case, Frasco v. Flo Health, Inc., involved allegations that Meta, through its integration of the Facebook SDK in the popular Flo Period and Ovulation Tracker app, unlawfully obtained and …

Read more Meta Loses Post-Trial Bid in Landmark CIPA Case Involving Flo Health App

COPPA Privacy Law Harry Richt

FTC Intensifies Children’s Privacy Enforcement With Major COPPA Settlements

The Federal Trade Commission has demonstrated renewed vigor in its enforcement of children’s privacy protections, announcing two significant proposed settlement orders in September 2025 that underscore the agency’s commitment to safeguarding minors’ personal information online. These enforcement actions signal a broader trend toward heightened scrutiny of companies’ compliance with children’s privacy laws and highlight the …

Read more FTC Intensifies Children’s Privacy Enforcement With Major COPPA Settlements

Marketing Law TCPA Harry Richt

Washington Court Expands CEMA to Cover Recruitment Text Messages

Executive Summary The Washington Court of Appeals has significantly expanded the scope of the state’s Commercial Electronic Mail Act (CEMA) in a decision issued on September 15, 2025 (for PDF version, click here), which will impact how businesses communicate with potential workers and contractors. In Aaland v. CRST Home Solutions, LLC, the court ruled that …

Read more Washington Court Expands CEMA to Cover Recruitment Text Messages

Marketing Law TCPA Harry Richt

Federal Constitutional Challenge Filed Against Texas SB 140 SMS Marketing Regulations

On September 1, 2025, a coalition of e-commerce businesses and industry advocates filed a federal lawsuit in the Western District of Texas challenging the constitutionality of Texas Senate Bill 140 (SB 140). The plaintiffs, Ecommerce Innovation Alliance, Flux Footwear, and Postscript, argue that the new law’s expansive regulations on text message marketing violate fundamental constitutional …

Read more Federal Constitutional Challenge Filed Against Texas SB 140 SMS Marketing Regulations

Privacy Law Harry Richt

Maryland’s Online Data Privacy Act: A Game-Changer for Data Minimization in the United States

Maryland has taken a game-changing step in data privacy protection with the enactment of the Maryland Online Data Privacy Act (MODPA), which is effective on October 1, 2025. Among the law’s numerous provisions, MODPA’s robust data minimization requirements represent a significant evolution in U.S. privacy legislation, potentially reshaping how organizations approach data collection and retention practices nationwide. …

Read more Maryland’s Online Data Privacy Act: A Game-Changer for Data Minimization in the United States

Amazon Seller Law E-Commerce Marketing Law Harry Richt

FTC Imposes $2 Million Penalty on Temu for Violations of the INFORM Consumers Act: Key Compliance Obligations for Online Marketplaces

The FTC’s first INFORM Consumers Act enforcement resulted in a $2 million penalty against Temu for alleged inadequate consumer reporting mechanisms and seller disclosure failures. This landmark case sets compliance precedents for all online marketplaces. The Federal Trade Commission (FTC) has taken its first enforcement action under the INFORM Consumers Act, fining Temu $2 million for …

Read more FTC Imposes $2 Million Penalty on Temu for Violations of the INFORM Consumers Act: Key Compliance Obligations for Online Marketplaces

Artificial intelligence Technology Law Harry Richt

Scaling AI Governance: From Foundation to Enterprise-Wide Implementation

Scaling AI governance requires moving beyond policy documentation to operationalize three critical capabilities: structured intake processes that assess risk from project inception, comprehensive system inventories that track all AI implementations, and continuous oversight frameworks that adapt to evolving regulatory requirements. This guide examines how leading organizations build scalable governance infrastructure while navigating complex compliance landscapes, …

Read more Scaling AI Governance: From Foundation to Enterprise-Wide Implementation

CCPA Privacy Law Privacy Policies Harry Richt

Annual Privacy Policy Updates: From Optional Best Practice to Enforcement Priority

The California Privacy Protection Agency’s recent enforcement action against Tractor Supply Company marks a watershed moment for privacy compliance, elevating routine privacy notice maintenance from administrative oversight to regulatory enforcement priority. The landscape of privacy compliance underwent a significant shift in August 2025 when the California Privacy Protection Agency (CPPA) filed its first judicial action …

Read more Annual Privacy Policy Updates: From Optional Best Practice to Enforcement Priority

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‪(917) 624-9565‬

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Legal Resource Hubs

Legal Resource Hubs

In addition to our insights focused on our practice areas of privacy and cybersecurity, marketing and media, and technology and blockchain, we …

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