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Personal Information Flo-wing out of Control
FEATURED
October 20, 2025
Personal Information Flo-wing out of Control
By: Lauren Scribner
In September, a nearly $60 million settlement was reached in Frasco, et al v. Flo Health, Inc., Meta Platforms, Inc., Google, LLC, and Flurry, Inc. The case,[1] a class action filed in 2021, alleged inter alia that Flo Health Inc. (“Flo”), a popular women’s health tracking application estimated to have over 38 million monthly users, invaded the privacy of its users by sharing personal and sensitive fertility data with third parties without their consent. The class action was filed on the heels of a settlement with the Federal Trade Commission (FTC) after allegations that despite millions of users trusting Flo “with intimate details of their reproductive health” under repeated assurances that it would “protect the information and keep it secret,”…
New Laws for AI Developers: California’s Fork in the AI Regulatory Road
October 16, 2025
New Laws for AI Developers: California’s Fork in the AI Regulatory Road
By: Steven Hess
AI Regulation and The Transparency in Frontier Artificial Intelligence Act Artificial intelligence (“AI”) products have become an increasingly significant aspect of U.S. innovation, growth, and development. Generative AI is being used to predict the structure of proteins and other biomolecules in pharmaceutical research,[1] to simulate wargames for the U.S. military,[2] and to drive an estimated hundreds of billions of dollars of growth in sectors from…
Flirting with Disaster: Kid Glove Treatment of an Assassination Attempt Sets Damaging Example
October 6, 2025
Flirting with Disaster: Kid Glove Treatment of an Assassination Attempt Sets Damaging Example
By: James Trusty
On a crisp October afternoon while the media focused on P Diddy’s high-profile New York sentencing, a less conspicuous—but more consequential—hearing took place in another federal courthouse, not far from the nation’s capital. Nichola Roske was sentenced for the attempted assassination of at least one Supreme Court associate justice. On June 8, 2022, Roske flew across the country—California to Virginia—and then traveled by cab to…
Poker, as a Game of Skill, Is Beyond Reach of Gaming Laws
July 9, 2010
Poker, as a Game of Skill, Is Beyond Reach of Gaming Laws
By: Ifrah Law
The highly regarded British publication The Economist has just published an interesting article that strongly makes the case that poker is a game of skill, not a game of chance. The article notes that poker is, of course, big business these days, pointing to a consultant’s estimate that the online poker market amounts to $4.9 billion worldwide, with $1.4 billion of that being spent in…
Federal Criminal Charges Dropped — But Reputations Damaged
July 8, 2010
Federal Criminal Charges Dropped — But Reputations Damaged
By: Ifrah Law
A recent Bloomberg News article points to a disturbing trend – a dramatic increase in ultimately unsupportable white-collar federal indictments. In recent years, a growing number of executives have been indicted for corporate crimes and then had the charges dropped. From 2006 to 2008, the most recent period available, U.S. prosecutors dismissed charges against 42 such defendants for which the most serious charge was securities…
Kagan Stresses Deference to Congress on Federal Sentencing
July 6, 2010
Kagan Stresses Deference to Congress on Federal Sentencing
By: Ifrah Law
In her three-day Supreme Court confirmation hearing, nominee Elena Kagan expressed very few views on substantive issues that might give observers a clue as to how she would vote as a Justice. Criminal law and sentencing issues were no exception, as the nominee did not tip her hand much on these matters. One interesting tidbit emerged, however. Kagan was asked on June 30, 2010, the…
Has the FBI Gone Too Far in Investigating White-Collar Crime and Fraud?
July 2, 2010
Has the FBI Gone Too Far in Investigating White-Collar Crime and Fraud?
By: Ifrah Law
A recent Wall Street Journal article describing the FBI’s use against suspected financial criminals of techniques normally used to hunt terrorists shows how seriously white-collar crime is being viewed these days. It also vindicates those who sounded warning bells after 9/11 when Americans were asked to trade civil liberties for the promise of national security. Those who argued against the slippery slope of government encroachment…
From Federal Prison, Ex-Enron CEO Ponders His Case
June 29, 2010
From Federal Prison, Ex-Enron CEO Ponders His Case
By: Ifrah Law
On June 25, 2010, the U.S. Supreme Court issued its partially favorable decision in Skilling v. United States. Although the Court accepted former Enron CEO Jeff Skilling’s arguments on the reach of the “honest services” statute, it rejected Skilling’s contention that pretrial publicity and community prejudice prevented him from receiving a fair trial. Since his conviction in 2004, Skilling has had ample time to consider…
