Updated: Our analysis of the federal court decision upholding Oregon’s packaging EPR law has been updated to reflect two key developments: NAW’s appeal of that decision to the Ninth Circuit, and the extension of the filing deadline for the parties’ joint status report in the separate Lollicup v. Feldon litigation.
Read the full analysis here
On August 27, 2026, after a 5-day bench trial, U.S. District Judge Michael H. Simon upheld in its entirety Oregon’s Plastic Pollution and Recycling Modernization Act (RMA), the state’s Extended Producer Responsibility (EPR) law, reversing an earlier preliminary injunction that captured stakeholder attention. This is the first federal court decision upholding a packaging EPR law
Last year, we noted that the Supreme Court had granted certiorari in a case that could limit the ability of plaintiffs to sue defendants over bare statutory violations without the showing of actual injury. The case implicates a wide variety of statutes that grant monetary awards to successful plaintiffs on
Availability of insurance is often among the first questions that arises when a company encounters a data breach or other Internet-related problem involving company records, even where the company lacks a cyberinsurance policy. The federal Fourth Circuit Court of Appeals recently affirmed a ruling by a District Court that required insurance coverage for an inadvertent
A federal appellate court will consider early next month whether the Video Privacy Protection Act (VPPA) makes an “Android ID” – a device identifier used in Google’s smartphones –personally identifiable information (PII). The Eleventh Circuit has scheduled oral argument in the case, Ellis v. Cartoon Network, Inc., for June 3, 2015.
The plaintiff in
From the allegations of Edward Snowden about official snooping on U.S. citizens (and non-Americans worldwide) to any of the seemingly innumerable data breaches hitting retailers like Home Depot and Target or movie/television studio Sony or pick-your-favorite-example, it’s rare that a day passes without some breaking news about privacy (or its sibling, cybersecurity).
Think of the
