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Patchwork of State Laws for Child Online Privacy Grows

In the absence of meaningful federal legislation addressing child online protection, states have taken on the mantle. State child privacy and online safety laws are continuing to proliferate in the US and the emerging state legislative landscape is surprisingly diverse. But challenges to the laws abound.

No Section 230 Immunity for Meta, but Does It Matter?

The Ninth Circuit recently held that Meta isn’t immune under Section 230 of the Communications Decency Act with regard to contract claims against it. However, Meta still might still get the claims dismissed on the theory that its Terms of Service don’t impose affirmative obligations on it.

Nondelegation Doctrine May be Ready for Major Role

Much speculation has occurred about what might replace Chevron deference after the US Supreme Court rules in Loper Bright and Relentless. The major questions doctrine already provides an alternate path around Chevron, but the almost 100-year-old nondelegation doctrine might gain new importance too.

Abortion Pill Ruling Clears Path for Cases Against FDA

The US Supreme Court’s mifepristone ruling preserves access to the widely-used abortion pill, for now. It also puts several separate legal challenges back on track in an ongoing fight over the extent to which the FDA can restrict the drug.

Corporate Cyber Incident Reporting Is Missing the Mark

The SEC Cyber Rule adopted last year requires public companies to report “material” cyber incidents within the Item 1.05 Form 8-K. However, companies have largely reported cyber incidents not yet deemed, or not likely to become, material, resulting in the SEC clarification statement on proper disclosure.

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Corporate Cyber Incident Reporting Is Missing the Mark

The SEC Cyber Rule adopted last year requires public companies to report “material” cyber incidents within the Item 1.05 Form 8-K. However, companies have largely reported cyber incidents not yet deemed, or not likely to become, material, resulting in the SEC clarification statement on proper disclosure.

ANALYSIS: No Section 230 Immunity for Meta, but Does It Matter?

The Ninth Circuit recently held that Meta isn’t immune under Section 230 of the Communications Decency Act with regard to contract claims against it. However, Meta still might still get the claims dismissed on the theory that its Terms of Service don’t impose affirmative obligations on it.

ANALYSIS: Lawmakers Take Aim at PE Health-Care Binge

Bills pending at the state and federal level take aim at perceived abuses by private equity in its ownership of health-care facilities. Beyond these specific bills, the trend towards greater scrutiny has legs.

ANALYSIS: Nondelegation Doctrine May be Ready for Major Role

Much speculation has occurred about what might replace Chevron deference after the US Supreme Court rules in Loper Bright and Relentless. The major questions doctrine already provides an alternate path around Chevron, but the almost 100-year-old nondelegation doctrine might gain new importance too.

ANALYSIS: Climate Change Disclosures Abundant Amid Uncertainty

Financial presentations at the biggest 100 US companies mention climate change less than they did at this time last year. Does this that mean companies are facing fewer climate-related financial risks than they did in the past? Not necessarily. Climate change disclosures increased over the last three years.

ANALYSIS: Robot Bosses Monitor RTO to the Chagrin of DOL

Workplaces are implementing automated surveillance tools to enforce return to office policies to the chagrin of both employees and the US Department of Labor (DOL). New guidance by the DOL, however, warns that some of these tools may violate employment laws, including the FLSA.

ANALYSIS: Gender-Affirming Coverage Wins Backing Beyond Bostock

A recent Fourth Circuit decision and the HHS’s new interpretation of Section 1557 of the Affordable Care Act will establish a stronger and more specific basis for plaintiffs challenging bans on gender-affirming care coverage than the US Supreme Court’s Bostock ruling.

ANALYSIS: AI Propels NVIDIA Into Top 10 on Silicon Valley List

The 2024 Fenwick–Bloomberg Law SV 150 List, which ranks the largest tech and life sciences companies in Silicon Valley, has few changes in its top 10, with one notable exception: Fueled largely by AI, NVIDIA leapt 10 spots, from 14th in 2023 to fourth in 2024.

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