Faced with emerging challenges in privacy and cybersecurity, state attorneys general (AGs) are at the forefront of enforcement. Companies face increasing expectations to implement robust cybersecurity programs, promptly notify individuals affected by data breaches, and establish effective monitoring and auditing systems. As new technologies such as wearable tech, brain tech, and gaming platforms emerge, state AGs are focusing on protecting the data generated by these innovations. Additionally, there is growing concern over deepfakes, unauthorized sale of consumer data, and safeguarding children’s online privacy.
Our special guest is David Horton, Professor of Law at the University of California, Davis, who has written a creative and thought-provoking article analyzing how courts should interpret certain key provisions that are frequently used in consumer arbitration agreements. The article may be accessed online at SSRN and will be published in the Washington University Law Review later this year.
A federal judge has issued a preliminary injunction against Seek Capital and its founder and CEO, Roy Ferman, barring the company from making false claims and forbidding the company from contacting any consumers whose information the company obtained before February 20, 2025.
In this episode of his "Clearly Conspicuous" podcast series, consumer protection attorney Anthony DiResta discusses the direction of the Federal Trade Commission (FTC) under Chairman Andrew Ferguson. Ferguson is expected to adopt a less regulatory and more business-friendly agenda by interpreting existing statutes narrowly while also upholding the commission's core role in enforcement, especially concerning artificial intelligence (AI) and targeted advertising. This episode explores the new chairman's views on AI and his skepticism about the commission's recent notices for monetary penalties on advertisers, which Mr. DiResta says portends an overall shift in agency priorities.
The upward trend in ransomware attacks in 2024 has continued in 2025 with large numbers of new victims added to ransomware groups’ data leak sites in January and February. A recent report from the cybersecurity firm Cyble shows there were at least 599 new additions to data leak sites in the first 27 days of February, an increase from 518 new additions in January, despite February being a shorter month.