Personal Information Flo-wing out of Control

Personal Information Flo-wing out of Control

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,”…

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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…

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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…

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Biden and DOJ’s Spiteful Ploy Boomerangs: How Politics Destroys Privilege

June 30, 2025

Biden and DOJ’s Spiteful Ploy Boomerangs: How Politics Destroys Privilege

By: James Trusty

During the pre-indictment period in which I was one of President Trump’s lawyers, there was a considerable amount of then-sealed litigation over the Special Counsel Office’s (“SCO”) insatiable search for incriminating evidence. We regularly found ourselves fighting against prosecutors providing ex parte information to the Court in support of their singular claims that Donald J. Trump did not have the same legal privileges as almost…

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AI Conversations Feel Private. Could They Be Privileged?

June 11, 2025

AI Conversations Feel Private. Could They Be Privileged?

By: Robert Ward

The New York Times’ lawsuit against OpenAI continues to spark debate, and not just about copyright. Most recently, a federal magistrate judge ordered OpenAI to preserve chats that the company might otherwise have deleted at a user’s request. In response, OpenAI CEO Sam Altman suggested that it may be time for a version of the attorney-client or physician-patient privilege, but for AI. While any attempt…

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It is Time for a “Second Look” at Legislative Efforts to Combat Mass Incarceration & Recidivism

May 19, 2025

It is Time for a “Second Look” at Legislative Efforts to Combat Mass Incarceration & Recidivism

By: Sara Dalsheim

Government efficiency and spending is a hot topic of controversy in the United States. But even in the context of heated “DOGE” fights, there are proven examples of government efficiency and reduced spending that are clearly working—the passing of measures like the Second Chance and First Step Acts in an effort for mass incarceration and recidivism reduction. The U.S. government spends a total of $80.7…

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A Luigi Mangione Death Penalty Trial

April 15, 2025

A Luigi Mangione Death Penalty Trial

By: James Trusty

The Attorney General’s recent announcement that DOJ will seek the death penalty against Luigi Mangione raises a host of interesting legal and philosophical issues, and it almost certainly reflects a dramatic about-face from the Biden administration’s approach towards federal prosecutions for death-eligible offenses. Aside from having personally prosecuted three death penalty trials while I was an Assistant U.S. Attorney in Maryland and when I was…

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Trouble in Paradise: White Lotus Character’s Legal Woes Illustrate Civil Forfeiture’s Overreach

April 14, 2025

Trouble in Paradise: White Lotus Character’s Legal Woes Illustrate Civil Forfeiture’s Overreach

By: Abbey Block

Last Sunday, millions of viewers tuned in to watch the season finale of White Lotus – a widely popular show that centers around the week-long vacation of several ultra-wealthy patrons of the fictional “White Lotus” resort in Thailand.[1] The show follows a dynamic cast of quirky characters as they navigate their opulent getaway. One of those characters in this most recent season was Timothy Ratliff…

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Conspirators Get Prison Time for Defrauding Small Business 8(a) Program

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By: Jeff Ifrah

Judge Declares He’s Not Potted Plant, Asserts Right to Supervise Deferred Prosecution Agreements

Judge Declares He’s Not Potted Plant, Asserts Right to Supervise Deferred Prosecution Agreements
By: Ifrah Law

High Court Clarifies Rule on Plea Discussions in Federal Criminal Cases

High Court Clarifies Rule on Plea Discussions in Federal Criminal Cases
By: Ifrah Law

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