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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…
Death by a Thousand Cuts
May 8, 2020
Death by a Thousand Cuts
By: James Trusty
When legal scholars look back at the failed Flynn prosecution, they will not be able to pin the dismissal on a single deficiency or legal principle, but if they are fair they will recognize a small case that was plagued with innumerable flaws. The DOJ Motion to Dismiss, filed in the rarified air of a case where the guilty plea already took place, spends a…
Videoconferencing to the Rescue
April 1, 2020
Videoconferencing to the Rescue
By: James Trusty
While the recent passage of the “Coronavirus Aid, Relief, and Economic Security (“CARES”) Act is receiving tremendous attention because of its price tag, strategies to keep businesses and families afloat, and its hidden gems for beneficiaries like the Kennedy Center, it also has a component that is important for federal practitioners who handle criminal matters in District Courts around the country. Federal courts currently show…
How White Hats Get Dirty
March 19, 2020
How White Hats Get Dirty
By: James Trusty
Historically, undercover operations by law enforcement would run into problematic “loyalty tests,” designed to make sure that the criminal conspirators could trust the “new guy.” Biker gangs would ask this “pledge” to beat someone up or take drugs, knowing law enforcement agencies would likely not let that happen, even in an undercover capacity. Prostitution stings could be compromised by either a John smart enough to…
A Tiny Crack in the Wall?
December 10, 2019
A Tiny Crack in the Wall?
By: James Trusty
Federal sentencing proceedings have a long and rich history of including every speck of good and bad that a defendant brings to the table. Unlike the trial itself, there are no Rules of Evidence that apply to keep the factfinder from considering unreliable or unproven information. The judge need only find facts by a preponderance of evidence, and those facts can be established by hearsay….
Celebrating 10 Years by Strategizing with the Best
August 6, 2019
Celebrating 10 Years by Strategizing with the Best
By: Nicole Kardell
How do you celebrate ten years of defending people against a criminal justice system that plays with a stacked deck? Bring in a renowned journalist and legal commentator to talk problems and solutions. Emily Bazelon, a staff writer at New York Times Magazine and the Truman Capote Fellow for Creative Writing and Law at Yale Law School, kicked off Ifrah Law’s Ten-Year Anniversary with an…
