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Meta’s Bay State Blues: Mass. High Court Finds Another Crack in the Section 230 Shield
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April 20, 2026
Meta’s Bay State Blues: Mass. High Court Finds Another Crack in the Section 230 Shield
By: Robert Ward
Meta’s Bay State Blues: Mass. High Court Finds Another Crack in the Section 230 Shield Mere weeks after juries in California and New Mexico returned multi-million-dollar verdicts against Meta Platforms, Inc., the social media company suffered another defeat. On April 10, the Massachusetts Supreme Judicial Court (SJC) rejected the social media company’s attempt to raise Section 230 of the Communications Decency Act as a shield against the Massachusetts Attorney General’s lawsuit alleging that the company, along with Instagram LLC, designed the Instagram platform to foster compulsive use among children. Like the plaintiff in the California case, the Attorney General alleges that Meta implemented a “suite of design features that exploit [young] users’ neurological vulnerability to social media addiction,” including “infinite…
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Thinking about adding an AI Chatbot? Some key considerations.
February 17, 2026
Thinking about adding an AI Chatbot? Some key considerations.
By: Steven Hess
Many companies are thinking about how to deploy new AI systems to automate routine work and to improve their product. For many businesses, adding an AI chatbot is a valuable way to enhance the customer experience by automating routine conversations,[1] and by alerting customers to new deals and offerings that are relevant to them.[2] Coupled with the rising ubiquity of AI chatbots in modern life,[3]…
Is Scrolling the New Smoking?
January 21, 2026
Is Scrolling the New Smoking?
By: Lauren Scribner
In the final weeks of 2025, New York passed a law requiring social media platforms with “certain predatory features” to display warning labels about “the dangerous impact” those features pose to the mental health of users under the age of eighteen.[1] These so-called “predatory features” include continuous and infinite scrolling, displaying addictive feeds, and automatically playing video content.[2] Warning labels will be displayed upon the…
Death of the CFPB and Impact on Consumer Arbitration
February 11, 2025
Death of the CFPB and Impact on Consumer Arbitration
By: George Calhoun
The Consumer Financial Protection Bureau (“CFPB”) has spent years trying to limit provisions that may be placed into consumer contracts, particularly with regard to class-action waivers, arbitration, and damages limitations. In 2015, the CFPB conducted a study of consumer arbitration clauses. Notably, the CFPB’s study found that few class action cases proceed to trial, but in those that do, trial lawyers make $1 million per…
Cancelling Subscriptions Could be Easier, or Maybe Signing Up Will Get Harder
January 15, 2025
Cancelling Subscriptions Could be Easier, or Maybe Signing Up Will Get Harder
By: Jordan Briggs
Drawn in by the appeal of steady revenue, nearly three-quarters of direct-to-consumer companies now include a subscription model.[1] Everything has a subscription these days: video games, groceries, dating apps—you can even subscribe to a service to cancel your other subscriptions.[2] These subscriptions were not deterred from joining their most prominent predecessor (the gym membership) as an age-old punchline about how hard they are to cancel….
Temporary relief from compliance obligations under the Corporate Transparency Act
December 5, 2024
Temporary relief from compliance obligations under the Corporate Transparency Act
By: Steven Eichorn
On December 3, 2024, a U.S. District Court[1] issued a nationwide preliminary injunction that enjoins the federal government from enforcing the Corporate Transparency Act (the CTA)[2]. The CTA requires “reporting companies” in the United States to disclose basic identifying information about their beneficial owners — the individuals who ultimately own or control a company — to the Treasury Department’s Financial Crimes Enforcement Network (FinCEN). The…
Will Free Speech Become Expensive for Big Tech?
December 2, 2024
Will Free Speech Become Expensive for Big Tech?
By: James Trusty
Section 230 of the Communications Decency Act[1] is the federal law that allows internet platforms to host online content without fear of lawsuits based on third party content. In other words, for hosting free speech, internet providers are given immunity from liability if the speech somehow crosses the line from protected free speech into unprotected territory (defamatory, criminal solicitation, etc.). With the recent presidential and…
Dolce Vita Ruling a Win for Cookies and Pixels Alike
November 21, 2024
Dolce Vita Ruling a Win for Cookies and Pixels Alike
By: Robert Ward
In recent years, companies in industries from media to healthcare have faced a rash of lawsuits challenging their use of common web tracking technologies such as the Meta Pixel. These cases generally allege that the use of such tracking technologies violates common law privacy protections and a wide range of state and federal privacy statutes. Late last month, in Vita v. New England Baptist Hospital,…
