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Tracking Litigation legal and regulatory developments.

54 entries in Litigator Tracker

DOJ export indictment triggers new probe of Super Micro’s controls

The Department of Justice unsealed an indictment in March 2026 charging three individuals tied to Super Micro Computer—two former employees and one contractor—with conspiring to violate U.S. export controls. The defendants allegedly diverted approximately $2.5 billion worth of servers containing advanced AI technology, including Nvidia chips, to China between 2024 and 2025. The indictment names co-founder and former senior vice president Yih‑Shyan "Wally" Liaw and a general manager from Super Micro's Taiwan office, who prosecutors say coordinated shipments through a third-party intermediary to circumvent export restrictions. Super Micro itself is not charged and has stated it was not accused of wrongdoing.

DOJ Intervenes in xAI Lawsuit to Block Colorado's AI Discrimination Law[1][2][3]

xAI filed suit on April 9, 2026, in U.S. District Court for the District of Colorado to block enforcement of Colorado's SB24-205, a comprehensive AI anti-discrimination law scheduled to take effect June 30, 2026. The statute requires developers and deployers of high-risk AI systems—those used in hiring, lending, and admissions decisions—to conduct impact assessments, make disclosures, and implement risk mitigation measures to prevent algorithmic discrimination. Two weeks later, on April 24, the U.S. Department of Justice intervened with its own complaint, arguing the law violates the Equal Protection Clause by compelling demographic adjustments through disparate-impact liability while simultaneously authorizing discrimination through exemptions for diversity initiatives. The court granted DOJ's intervention and issued a stay suspending enforcement pending resolution.

Dua Lipa sues Samsung for $15M over unauthorized TV ad image use

Singer Dua Lipa sued Samsung for $15 million on May 8, 2026, in federal court in California, alleging copyright infringement, trademark infringement, right of publicity violations, and false endorsement under state law and the Lanham Act. The dispute centers on a backstage photograph taken at the 2024 Austin City Limits Festival—an image Lipa owns—that Samsung allegedly manipulated and used on television packaging and global marketing materials beginning in early 2025 without permission, payment, or her involvement. Lipa claims the placement implied her endorsement of Samsung products and drove sales.

Brockman's Diary Revealed in Musk-OpenAI Trial First Week

Greg Brockman's personal diary emerged this week as central evidence in Elon Musk's lawsuit against OpenAI, with the co-founder and president testifying about his internal deliberations over converting the organization from nonprofit to for-profit status. The diary directly addresses Musk's core claim that OpenAI deceived him by abandoning its original mission to develop artificial intelligence for humanity's benefit. Testimony also revealed inflammatory communications: text messages in which Musk threatened to make Brockman and CEO Sam Altman "the most hated men in America" if no settlement was reached, and a 2017 meeting where Musk tore a painting from the wall after cofounders rejected his demand for majority equity.

Federal Circuit Rules Patent Disclosures Bar Trade Secret Claims in Elist Penuma Case

The Federal Circuit reversed a jury verdict in International Medical Devices, Inc. v. Cornell, holding that cosmetic penile implant designs alleged as trade secrets were not protectable under California law because they had been disclosed in publicly available patents. The court found the designs "generally known" and therefore ineligible for trade secret status. A fourth alleged secret—a list of surgical instruments sent via email without confidentiality markings—also failed protection due to insufficient secrecy measures. The panel reversed findings of trade secret misappropriation, breach of contract under the parties' nondisclosure agreement, and improper inventorship claims related to two Penuma patents. The court affirmed $1 million in statutory damages for trademark counterfeiting.

Florida court tosses DPPA parking citation lawsuit over lack of injury

A federal judge in the Southern District of Florida dismissed a class-action lawsuit under the Driver's Privacy Protection Act against Professional Parking Management Corporation, finding the plaintiff lacked Article III standing. The suit alleged the company used license plate readers in private parking lots, cross-referenced plates against state DMV records without consent, and mailed notices demanding $94.99—styled to resemble official citations—for unpaid parking charges. The plaintiff sought nationwide class certification and added Florida consumer-protection claims.

Federal Court Halts Colorado AI Law Enforcement Days Before June Deadline

A federal magistrate judge in Colorado issued a stay on April 27, 2026, freezing enforcement of the Colorado AI Act (SB24-205) just weeks before its scheduled June 30 effective date. The order prevents the Colorado Attorney General from initiating investigations or enforcement actions under the law, effectively halting one of the country's most comprehensive state AI regulations. Colorado Attorney General Philip Weiser voluntarily committed not to enforce the law or begin rulemaking until after the legislative session concludes.

New Jersey lawyer faces contempt over unpaid AI sanctions in Diddy case

Tyrone Blackburn, the attorney representing Liza Gardner in a sexual assault civil suit against Sean "Diddy" Combs, faces a contempt hearing in New Jersey federal court over unpaid sanctions tied to AI-generated case citations. U.S. District Judge Noel L. Hillman ordered Blackburn to pay $6,000 in December 2025—$500 monthly—after finding that a brief he filed contained a fabricated case opinion produced by an artificial intelligence research tool. The case cited did not exist.

Musk-Altman OpenAI trial opens with statements in Oakland court

Jury selection began April 28 in Elon Musk's lawsuit against OpenAI, Sam Altman, Greg Brockman, and Microsoft in U.S. District Court for the Northern District of California in Oakland. Opening statements occurred April 29. Musk alleges OpenAI breached its 2015 nonprofit founding agreement by converting to a for-profit model in 2019 with Microsoft backing, abandoning its stated mission to develop AI for humanity's benefit. He invested $38–45 million in the company. Musk seeks OpenAI's return to nonprofit status, removal of Altman and Brockman from leadership, and $134–150 billion in damages to be redirected to OpenAI's charitable arm.

FedEx v. Qualcomm: Fed Cir Rules PTAB Real-Party-in-Interest Challenges Unreviewable

The Federal Circuit issued a precedential decision on April 29, 2026, in Federal Express Corporation v. Qualcomm Incorporated that significantly narrows appellate review of Patent Trial and Appeal Board decisions. The court held that challenges to the PTAB's handling of real-party-in-interest disputes under 35 U.S.C. § 312(a)(2) cannot be appealed. The ruling treats RPI objections as integral to the institution decision itself, placing them beyond the scope of review under 35 U.S.C. § 314(d), which makes all institution rulings final and unreviewable absent constitutional violations or actions outside the agency's statutory authority.

Tesla Owners Sue Over Unfulfilled FSD Promises on HW3 Hardware

Tesla faces coordinated class-action litigation across multiple jurisdictions from owners of Hardware 3-equipped vehicles manufactured between 2016 and 2024. The plaintiffs allege that Tesla and Elon Musk made false representations that these vehicles would achieve full self-driving capability through software updates alone. A spring 2026 software release exposed Hardware 3's technical limitations, effectively excluding millions of owners from advanced autonomous features now reserved for newer Hardware 4 systems. The lead case, brought by retired attorney Tom LoSavio, centers on buyers who paid $8,000 to $12,000 for full self-driving capability that is now incompatible with their vehicles without costly hardware retrofits Tesla has not formally offered. Similar suits have been filed in Australia, the Netherlands, across Europe, and in California, where one action involves approximately 3,000 plaintiffs. Globally, the disputes affect roughly 4 million vehicles.

Elon Musk Testifies OpenAI Stole Charity by Going For-Profit in Lawsuit[1][2]

Elon Musk testified April 28 in a California courtroom that OpenAI breached a foundational promise by converting from nonprofit to for-profit status. Now valued at $852 billion, OpenAI made the shift despite Musk's 2017 warning that the company should either remain nonprofit or operate independently. "It is not OK to steal a charity," Musk told the court, referencing email exchanges with Sam Altman in which Altman expressed support for the nonprofit model but acknowledged no legal obligation bound the company to it permanently.

Articles Warn Clients Against Feeding Privileged Docs to Consumer AI

On May 8, 2026, The National Law Review and Varnum LLP published advisory articles warning clients against misusing consumer AI tools in legal matters. The pieces detail a specific risk: uploading privileged documents—draft agreements, legal memos, work product—into platforms like ChatGPT or Claude waives attorney-client privilege by exposing confidential information to third parties with no confidentiality obligations. The articles also caution that AI models tend to validate user assumptions rather than provide objective legal analysis, making them unreliable validators of legal advice.

Colorado’s Impending AI Law Thrown Into More Doubt By Court Ruling: What Will Happen Before June 30 Effective Date?

A federal magistrate judge issued a temporary restraining order on April 27, 2026, blocking Colorado from enforcing its artificial intelligence antidiscrimination law (SB 24-205). The order freezes all state investigations and enforcement actions while litigation proceeds and shields companies from penalties for violations occurring within 14 days after the court rules on a preliminary injunction motion. The law was set to take effect June 30.

Ninth Circuit Affirms Dismissal of Brita Filter Class Action on April 16, 2026[1][2][6]

On April 16, 2026, the Ninth Circuit affirmed dismissal of a consumer class action against Brita Products Company, holding that a reasonable consumer would not expect a $15 water filter to remove all hazardous contaminants. Plaintiff Nicholas Brown sued under California's Unfair Competition Law, False Advertising Law, and Consumers Legal Remedies Act, claiming Brita's labels for its Everyday Pitcher and Standard Filter misled buyers into believing the products eliminated contaminants like arsenic, chromium-6, PFOA, PFOS, nitrates, and radium to undetectable levels. The three-judge panel, led by Judge Kim McLane Wardlaw, rejected the claims after the Los Angeles district court had already dismissed without leave to amend in September 2024.

Judge Leon May Impose Rule 11 Sanctions on Trump DOJ Lawyers Over Ballroom Filing

Judge Amit Mehta is considering imposing Rule 11 professional sanctions against the top three lawyers at the Trump Department of Justice after they filed a motion in a White House ballroom construction case that courts and legal observers characterized as legally deficient and improper. The filing, submitted by Acting Attorney General Todd Blanche's office in support of a ballroom project on the site of the former East Wing, abandoned standard legal argumentation in favor of political rhetoric—including references to "Trump Derangement Syndrome," labeling opposing arguments "FAKE," and praising the President as a "highly successful real estate developer."

SDNY Rules AI Tools Waive Privilege in US v. Heppner

A federal judge in Manhattan has ruled that a financial services executive waived attorney-client privilege and work product protection by using Anthropic's Claude AI tool without his lawyers' involvement. In United States v. Heppner, Judge Jed S. Rakoff ordered disclosure of 31 strategy documents the defendant generated after inputting case details derived from attorney communications. The court found that Claude, as a non-attorney third party, lacks fiduciary duties, and that Anthropic's privacy policy—which permits data use for training and third-party sharing—destroyed any reasonable expectation of confidentiality. This marks the first federal decision of its kind, rejecting the defendant's argument that later sharing the materials with counsel could retroactively restore privilege protection.

Seventh Circuit Rules BIPA Damages Cap Applies to Pending Cases

On April 1, 2026, the U.S. Court of Appeals for the Seventh Circuit issued a consolidated decision in Clay v. Union Pacific Railroad Co. holding that Illinois' August 2024 amendment to the Biometric Information Privacy Act applies retroactively to all pending cases. The amendment, enacted as SB 2979, caps statutory damages at one recovery per person per biometric collection method—eliminating the "per-scan" liability model that had exposed defendants to exponentially higher exposure. The court reversed three unanimous district court decisions from the Northern District of Illinois that had ruled the amendment applied only to future claims.

StrongSuit CEO Warns of AI Automation Risks in High-Stakes Litigation

Justin McCallon, CEO of StrongSuit, published commentary on Law360 arguing that AI-driven automation will reshape legal work—but only if it clears a uniquely high bar. Unlike most industries, litigation tolerates near-zero error rates. McCallon positioned StrongSuit's platform, which automates legal research, drafting, and document review, as engineered specifically for this constraint rather than general-purpose AI capability.

Supply Chain Recovery Sparks Brand-Manufacturer Litigation Surge in 2026[1][6]

Supply chain disputes are escalating into courtroom battles as manufacturers in beauty, fashion, and automotive sectors clash with suppliers over pricing, delivery failures, and contract breaches. Courts are tightening defenses for performance failures, and litigation risk is climbing as capacity remains tight, freight costs stay volatile, and force majeure clauses have been narrowed. A December 2025 trademark case—Palas v. Le Domaine (Case No. 2:25-cv-11953, C.D. Cal.)—exemplifies the broader trend, pitting skincare founder Brandon Palas's "Beau D." brand against Brad Pitt's French luxury line over cosmetics trademark infringement.

Federal Court Rules AI Chatbot Communications Not Protected by Attorney-Client Privilege

On February 17, 2026, Judge Jed S. Rakoff of the U.S. District Court for the Southern District of New York ruled in United States v. Heppner that a criminal defendant's communications with Anthropic's Claude AI platform were not protected by attorney-client privilege or work product doctrine. The defendant had used the public chatbot to create analysis documents after receiving a grand jury subpoena, then claimed privilege when sharing them with counsel. The court ordered disclosure to the government.

Federal Court Dismisses Paramount Privacy Lawsuit Over Concrete Injury Standard

The U.S. District Court for the Central District of California dismissed all eight counts in a privacy lawsuit against Paramount Skydance Corporation on April 20, 2026, finding that plaintiffs lacked legal standing. The court ruled plaintiffs failed to demonstrate an injury aligned with harms traditionally recognized under American law. The complaint had alleged violations of the Video Privacy Protection Act, Electronic Communications Privacy Act, California Invasion of Privacy Act, common law invasion of privacy, California constitutional privacy rights, negligence, breach of implied contract, and unjust enrichment.

ACC Urges CA Appeals Court to Rule CIPA Doesn't Cover Website Cookies, Pixels

The Association of Corporate Counsel filed an amicus brief on April 8, 2026, urging the California Court of Appeal to clarify that the California Invasion of Privacy Act does not extend to routine website technologies like cookies, tracking pixels, and analytics metadata. ACC argues that plaintiffs are mischaracterizing these tools as "pen registers" or "trap and trace devices"—law enforcement surveillance mechanisms that require court orders under CIPA—when they serve ordinary business functions. The brief, authored by Fisher Phillips attorneys Usama Kahf, Darcey Groden, and David Shannon, contends that applying CIPA's warrant requirement to standard web analytics creates untenable compliance burdens for businesses nationwide.

Judge Fines Lindell Lawyer $5K for 2nd False Case Citation

U.S. District Judge Nina Y. Wang sanctioned attorney Christopher Kachouroff and his law firm $5,000 on May 8, 2026, for submitting a defamation brief with a materially incorrect citation while defending MyPillow CEO Mike Lindell. The error was obvious and reflected failure to reasonably review the document before filing, Wang ruled, rejecting Kachouroff's human error explanation. Lindell, his media company, and co-counsel Jennifer T. DeMaster escaped penalty on this sanction, though DeMaster faced consequences in an earlier ruling.

Fed Cir Reverses Delaware Ruling on Equitable Estoppel in Fraunhofer v. SXM

The Federal Circuit reversed a Delaware district court's grant of equitable estoppel in Fraunhofer-Gesellschaft v. Sirius XM Radio Inc. (Fed. Cir. No. 23-2267, June 9, 2025), reviving Fraunhofer's patent infringement claims on four expired patents covering multicarrier modulation technology for satellite radio. The appellate panel found that while Fraunhofer's five-year silence (2010-2015) about SXM's use of the patents constituted misleading conduct, SXM failed to prove it actually relied on that silence when migrating to its accused high-band system. The court determined that market penetration, not Fraunhofer's inaction, drove SXM's technology choices, and remanded for further proceedings.

Second Circuit Affirms Dismissal of VPPA Class Action Against NBCUniversal[1][3]

On April 23, 2026, the U.S. Court of Appeals for the Second Circuit affirmed a lower court's dismissal of a class action alleging violations of the Video Privacy Protection Act. Plaintiff Sherhonda Golden sued NBCUniversal Media over Today.com's use of a Facebook Pixel—tracking code that transmitted her Facebook ID and video-viewing history to Meta without her consent. The Second Circuit ruled that the transmitted data did not constitute "personally identifiable information" under the VPPA because an ordinary person could not readily connect it to her identity and viewing habits without technical expertise.

EDVA Denies Alarm.com's Motion to Dismiss SkyBell Trade Secrets Suit

The Eastern District of Virginia has denied Alarm.com's motion to dismiss a trade secrets lawsuit brought by former partner SkyBell Technologies. SkyBell accused Alarm.com of misappropriating video doorbell technology and poaching employees after the companies' partnership ended in late 2022. Alarm.com had argued the three-year statute of limitations under the Defend Trade Secrets Act and Virginia Uniform Trade Secrets Act barred SkyBell's July 2025 complaint. Judge Rossie D. Alston Jr. rejected that defense, holding that SkyBell could not have discovered the alleged misappropriation earlier because a 2015 Development and Integration Agreement between the parties explicitly prohibited reverse engineering and required confidentiality—contractual restrictions that remained in force until the agreement terminated in November 2022.

7th Circuit Rules 2024 BIPA Damages Amendment Applies Retroactively to Pending Cases

On April 1, 2026, the U.S. Court of Appeals for the Seventh Circuit unanimously held that Illinois' August 2024 amendment to the Biometric Information Privacy Act applies retroactively to all pending cases. In Clay v. Union Pacific Railroad Co. (consolidated with Willis and Gregg), the court classified the amendment as procedural rather than substantive, allowing it to govern cases filed before its effective date. The amendment fundamentally restructures BIPA damages by capping recovery at $1,000 per violation for negligent violations and $5,000 for intentional ones—eliminating the "per-scan" theory that previously allowed plaintiffs to multiply damages across each biometric collection or transmission event.

Indiana Judge Rules AI Cannot Substitute for Attorney Review in Discovery

On April 14, 2026, Magistrate Judge Tim A. Baker of the U.S. District Court for the Southern District of Indiana issued an order in White v. Walmart (Case No. 25-cv-01120) sanctioning plaintiff's counsel for relying exclusively on artificial intelligence to identify deficiencies in the defendant's discovery responses. The court held that while AI can serve as a useful tool, it cannot substitute for attorney judgment and does not satisfy the Federal Rules of Civil Procedure's requirement that parties meet and confer in good faith before escalating discovery disputes.

Ninth Circuit Revives Target Thread Count Class Action[1][7]

On April 17, the Ninth Circuit reversed a district court's dismissal of a putative class action alleging Target sold 100% cotton bedsheets with fraudulent thread counts. Plaintiff Alexander Panelli claimed he purchased sheets labeled 800-thread-count in September 2023 that tested at only 288 threads per inch. He asserted the label was literally false under California consumer protection law, since 600 thread count is the physical maximum for pure cotton. The district court had dismissed the case, reasoning no reasonable consumer would believe an impossible claim. Target argued the thread count measurement itself was ambiguous and therefore not deceptive as a matter of law.

Oregon Appellate Court Sanctions Lawyer with $10K Fine for AI-Hallucinated Brief Citations

The Oregon Court of Appeals has sanctioned Salem attorney William Ghiorso with a $10,000 fine for submitting an opening brief containing at least 15 fabricated case citations and 9 nonexistent quotations. The court attributed the errors to AI "hallucinations"—instances where generative AI generated convincing but false legal information. The penalty marks the first time an Oregon appellate court has considered attorney fees as a sanction alternative to fines, though it ultimately imposed the monetary penalty after Ghiorso implemented new safeguards.

Capital One’s recent $425M settlement could mean money in your pocket this summer

A federal judge in the Eastern District of Virginia approved a $425 million class action settlement against Capital One on April 20, 2026, resolving claims that the bank deceptively marketed its legacy 360 Savings accounts while paying substantially lower interest rates than its newer 360 Performance Savings product launched in 2019. Eligible account holders—those who maintained a 360 Savings account from September 18, 2019, through June 16, 2025—will receive automatic restitution calculated based on lost interest earnings. Payments, distributed via check or electronic transfer, are expected around July 21, 2026, after deduction of legal fees.

Seven Families Sue OpenAI Over Suspect's ChatGPT Use in 2025 FSU Shooting

Seven families of victims from a 2025 Florida State University mass shooting have filed lawsuits against OpenAI, claiming the company negligently failed to alert law enforcement about the suspect's extensive ChatGPT interactions. The suits allege that Phoenix Ikner, the accused gunman now awaiting trial, maintained constant communication with the chatbot and may have received guidance on executing the attack. The families are pursuing negligence claims, arguing OpenAI breached its duty of care by failing to flag foreseeable harm despite the chatbot's design and the nature of the interactions.

China's SPP Releases First Bilingual 2025 IP Prosecution White Paper

China's Supreme People's Procuratorate released its first bilingual White Paper on Intellectual Property Prosecution Work on April 21, 2026, documenting enforcement activity across criminal, civil, administrative, and public interest litigation. The SPP reported accepting or reviewing 11,341 criminal IP infringement cases involving 25,160 individuals in 2025, prosecuting 9,135 cases with 19,102 defendants while declining to prosecute 5,105. The agency also handled 1,251 civil IP cases, 1,795 administrative cases, and 612 public interest cases. Simultaneously, the SPP issued 10 model cases in emerging sectors including chip manufacturing, photovoltaics, and industrial software, along with an annual report on IP crimes.

Ex-Wachtell lawyer in insider trading ring later joined investment bank

The Department of Justice unsealed charges Wednesday against 30 individuals in a decade-long insider trading scheme centered on nonpublic information from major M&A transactions. Nicolo Nourafchan, a Yale Law graduate who worked at Sidley Austin, Latham & Watkins, Cleary Gottlieb, and Goodwin Procter, led the conspiracy. Participants traded on confidential deal details including Occidental Petroleum's $55 billion acquisition of Anadarko in 2019 and Burger King's $11 billion takeover of Tim Hortons in 2014. The scheme leveraged Nourafchan's recruitment of law school classmates positioned at major firms with M&A access. A former Wachtell Lipton lawyer and Yale classmate of Nourafchan has been identified as a co-conspirator; he later worked at an investment bank. The Southern District of New York is prosecuting the criminal case while the SEC pursues parallel civil charges.

JPMorgan Banker Sues Executive Over Sexual Assault Claims; Bank Denies Allegations

Chirayu Rana, a 35-year-old former JPMorgan investment banker, has filed a civil lawsuit against Lorna Hajdini, a senior executive director in the bank's Leveraged Finance Division, alleging sexual assault, drugging with Viagra, racial harassment, and workplace coercion. The case, initially filed anonymously in early 2025, became public in May 2026 when Rana identified himself and submitted detailed court filings. Rana is seeking over $20 million in damages after rejecting JPMorgan's $1 million settlement offer. He is represented by Daniel Kaiser, a prominent New York attorney known for representing accusers in the Jeffrey Epstein matter.

30 Charged in Decade-Long Biglaw Insider Trading Ring Worth Tens of Millions

Federal prosecutors in Boston unsealed charges Wednesday against 30 defendants—corporate attorneys and financial professionals—for operating a decade-long insider trading scheme. The conspiracy allegedly extracted confidential information from approximately 30 merger and acquisition transactions handled by premier law firms and generated tens of millions in illicit profits.

Virginia Poised to Sign Class Action Law, Ending 175-Year Ban

Virginia is poised to become the 49th state to authorize civil class actions in state courts. Governor Abigail Spanberger is expected to sign Senate Bill 229 and House Bill 449, legislation that would overhaul how multi-party civil claims proceed in Virginia starting January 1, 2027. The House of Delegates passed HB 449 on a 64-34 vote in early February 2026, and SB 229 has cleared the Senate Finance and Appropriations Committee. The bills were sponsored by Senator Surovell and Delegate Marcus Simon.

Surge in "Junk Fee" Class Actions Targets Hidden Pricing Practices

The Federal Trade Commission's Rule on Unfair or Deceptive Fees took effect on May 12, 2025, requiring companies to disclose total prices upfront for live-event tickets and short-term lodging, including all mandatory fees. The rule has accelerated an already-steep rise in junk fee litigation across ticketing, hospitality, banking, and rental industries. Class actions and mass arbitrations alleging "drip pricing"—the practice of hiding or misrepresenting fees until late in transactions—have spiked since 2022, with potential exposures exceeding $10 million per case. California's SB 478, effective July 1, 2024, compounds liability by imposing penalties up to $2,500 per violation. Plaintiffs' firms are pursuing coordinated mass arbitrations against ticket sellers, banks, landlords, and online retailers, often bypassing class-action waivers through arbitration clauses.

Workers File 7 Class-Action Lawsuits Against Mercor Over Data Breach Exposure[1][2]

Mercor, a $10 billion San Francisco AI startup that supplies training data to OpenAI, Anthropic, and Meta, is defending itself against at least seven class-action lawsuits filed in recent weeks. The suits stem from a data breach last month that exposed contractor information including recorded job interviews, facial biometric data, computer screenshots, and background checks. Plaintiffs allege Mercor violated federal privacy regulations by collecting extensive data through monitoring software like Insightful, sharing it with AI partners, and using interviews and proprietary materials to train models without adequate consent or disclosure.

First Circuit Rules on Trade Secret Ownership in ZipBy USA v. Parzych

Greenberg Traurig released Episode 88 of its Trade Secret Law Evolution Podcast on April 29-30, 2026, analyzing a First Circuit decision in ZipBy USA v. Parzych that addresses a threshold question in trade secret litigation: who owns the secret and therefore has standing to sue for misappropriation. Host Jordan Grotzinger leads the discussion of the ruling, which turns on ownership and standing doctrine under the Defend Trade Secrets Act and common law frameworks.

Judge Brown Rejects DOJ Reconsideration Motion in ICE Arrest Case

A federal judge in the Eastern District of New York has rejected the Department of Justice's motion to reconsider an earlier ruling against ICE, instead using the government's own request to demand a substantive compliance plan. Judge Brown identified four distinct constitutional and statutory violations by ICE agents: an administrative warrant issued after arrest, revocation of the petitioner's deferred action status without explanation, and systematic obstruction of detainee access to counsel. The judge gave DOJ 21 days to detail how it would remedy the violations. The government's reconsideration motion offered no meaningful response, prompting the judge to characterize the DOJ's arguments as frivolous, misleading, and meritless.

GrayRobinson Hit with Additional Lawsuits Over 2025 Data Breach

GrayRobinson, P.A., a Florida-based law and lobbying firm, disclosed a cybersecurity breach affecting 65,113 individuals. Unauthorized actors accessed the firm's network between March 5 and March 24, 2025, potentially exposing names, Social Security numbers, dates of birth, driver's licenses, financial account information, and protected health information. The firm detected the intrusion on March 24, secured its systems, notified law enforcement, and engaged external cybersecurity experts. The forensic investigation concluded April 13, 2026. Notifications to affected individuals began April 24, 2026, with regulatory reports filed to state attorneys general including California and Maine. GrayRobinson offered complimentary Experian IdentityWorks credit monitoring and reported no evidence of actual misuse.

GrayRobinson Faces Class Action Over 2025 Data Breach Negligence

GrayRobinson, P.A., a Florida-based law firm, disclosed a data breach affecting 65,113 individuals between March 5 and March 24, 2025. Unauthorized actors accessed the firm's network during that period, potentially exposing names, Social Security numbers, and other sensitive personal information. The firm detected the intrusion on March 24, secured its systems, notified law enforcement, and retained third-party investigators. A forensic review completed in April 2026 confirmed the exposure, and GrayRobinson sent breach notices on April 24, 2026. The firm is offering two years of free identity monitoring through Experian. No evidence of actual misuse has emerged.

Crickle Daisy Loungewear Faces TCPA Quiet Hours Class Action Lawsuit

Crickle Daisy, a loungewear company, faces a class action lawsuit alleging violations of the Telephone Consumer Protection Act's quiet hours provision. The plaintiff claims the company sent marketing texts outside the permitted window of 8:00 a.m. to 9:00 p.m. in recipients' local time zones, violating 47 U.S.C. § 227(c). The suit seeks damages on behalf of a nationwide class of consumers who received such messages.

DOJ's Lead Prosecutor on Law Firm Appeals to Exit Role End of May

Abhishek Kambli, the Deputy Associate Attorney General who led the Trump administration's defense of executive orders targeting four major law firms, announced his departure from the DOJ effective end of May 2026. Kambli joined the department in February 2025 and oversaw litigation defending orders that barred Perkins Coie, Jenner & Block, WilmerHale, and Susman Godfrey from federal contracts, buildings, and employment based on their representation of administration opponents. All four firms challenged the orders in federal court; all won injunctions on constitutional grounds. The DOJ appealed to the D.C. Circuit, then abruptly moved to dismiss those appeals on March 2, 2026—only to reverse course the next day when Kambli filed to withdraw the dismissal motion.

College Student Sues Meete Dating App for Repurposing Her TikTok Video in Ads

A University of Tennessee nursing student has sued Meete, a dating app operated by British Virgin Islands–based Quantum Communications, alleging the company stole her public TikTok graduation video and weaponized it for targeted advertising. Elena Lunglhofer claims Meete overlaid the video with app graphics, added a synthetic voiceover in which she appeared to solicit men for casual encounters, and used geotargeting to serve the ad on Snapchat to users near her campus, including residents of her dormitory. She discovered the misuse when a male student showed her screenshots of the ad. Attorney Abe Pafford filed suit on April 28, 2026, in Tennessee state court, asserting claims for misappropriation of likeness, right of publicity violations, and emotional distress.

Nonprofit Volunteer Sues DLA Piper for Malicious Prosecution in Chipotle-Referred Fraud Case

Jeremy Whiteley, a former nonprofit volunteer board member, filed a malicious-prosecution complaint against DLA Piper on May 8, 2026, in California state court. Whiteley alleges the firm aggressively pursued a Computer Fraud and Abuse Act lawsuit against him at the behest of Chipotle's then-general counsel, who referred the matter. The underlying CFAA case, which Whiteley successfully defended, allegedly lacked merit. Whiteley seeks damages of $1.8 million in defense costs incurred during the litigation.

2nd Cir. Vacates GEICO Win in NY No-Fault Kickback Case

On March 10, 2026, the U.S. Court of Appeals for the Second Circuit vacated a district court victory for GEICO in a dispute over no-fault auto insurance reimbursements. The panel reversed summary judgment against Igor Mayzenberg and his three acupuncture clinics, holding that a healthcare provider's violation of New York anti-kickback laws does not automatically disqualify them from no-fault reimbursement eligibility under state regulation 11 N.Y.C.R.R. § 65-3.16(a)(12). GEICO had sued to recover millions in payments to Mayzenberg's clinics, alleging kickbacks paid for patient referrals constituted licensing violations that enabled fraud and triggered RICO liability. The Eastern District of New York had granted GEICO summary judgment in 2022, but the Second Circuit panel reversed on the eligibility interpretation and certified the core legal question to the New York Court of Appeals in October 2025.

OpenAI CEO Sam Altman Faces Mounting Pressure Ahead of IPO

OpenAI and CEO Sam Altman face mounting pressure as the company prepares for a potential 2026 public offering. The intensifying scrutiny spans multiple fronts: internal competitive tensions with Anthropic, activist opposition, and legal proceedings. Most notably, Chief Revenue Officer Denise Dresser circulated a memo challenging Anthropic's financial claims, alleging inflated revenue through accounting methods and strategic errors in compute acquisition. Anthropic currently reports $30 billion in annualized revenue compared to OpenAI's last reported $25 billion. Separately, an activist group called Stop AI has conducted ongoing protests at OpenAI headquarters, with some members facing criminal trial for blocking the building. Altman was served a subpoena onstage in San Francisco in late April while speaking with basketball coach Steve Kerr, requiring him to testify as a witness in the criminal case.

LawSnap Briefing Updated May 10, 2026

State of play.

Where things stand.

Latest developments.

Active questions and open splits.

  • AI privilege: tool or third party? Heppner (SDNY) and Warner v. Gilbarco (Michigan) reached opposite conclusions within days of each other. Whether inputting privileged information into a consumer AI platform destroys privilege is unresolved at the appellate level—the question is ripe for circuit intervention (→ SDNY Rules AI Tools Waive Privilege in US v. Heppner).
  • AI sanctions to contempt: where does the enforcement escalation stop? The New Jersey contempt proceeding against the Combs civil counsel signals courts are no longer treating unpaid AI sanctions as a cost of doing business. Whether contempt becomes the standard response to non-compliance—and what due process protections attach—is unresolved (→ New Jersey lawyer faces contempt over unpaid AI sanctions in Diddy case).
  • Musk v. OpenAI: what legal weight do founder agreements carry? The trial tests whether informal commitments at founding can support breach of contract or fraud claims when a company converts from nonprofit to for-profit. Brockman's financial entanglements with Altman add a fiduciary duty overlay that could reshape governance expectations for dual-structure AI entities (→ Musk-Altman OpenAI trial opens with statements in Oakland court, Brockman's Diary Revealed in Musk-OpenAI Trial First Week).
  • Biglaw information barriers: what compliance standard survives the insider trading ring? The decade-long conspiracy across multiple elite firms—with unnamed co-conspirators reportedly still employed—raises the question of whether existing wall procedures are legally adequate or whether regulators will demand structural changes. Parallel civil FCA or breach-of-fiduciary-duty claims against the firms themselves remain a live possibility (→ 30 Charged in Decade-Long Biglaw Insider Trading Ring Worth Tens of Millions, Ex-Wachtell lawyer in insider trading ring later joined investment bank).
  • Export control enforcement as a securities litigation trigger. The Super Micro indictment—against a company with prior compliance failures—raises the question of what disclosure obligations attach when a company is aware of export control vulnerabilities but has not yet been charged. The intersection of DOJ criminal enforcement, SEC review, and investor class actions is becoming a standard cascade (→ DOJ export indictment triggers new probe of Super Micro’s controls).
  • DPPA standing: what injury is sufficient? The Southern District of Florida dismissed for lack of concrete injury while parallel DPPA cases in Maryland survive dismissal. Courts are distinguishing between different data commercialization models, but the circuit-level standard for what constitutes a cognizable DPPA injury remains unsettled (→ Florida court tosses DPPA parking citation lawsuit over lack of injury).
  • Prediction market preemption: federal commodity law versus state gambling statutes. The Third Circuit backed federal preemption; a Maryland federal court went the other way; Arizona has been enjoined from prosecuting Kalshi; and the CFTC is suing Wisconsin. A circuit split is forming that may require Supreme Court resolution .
  • California's "duty to innovate" in product liability. The California Supreme Court has heard oral argument in Gilead Sciences v. Superior Court on whether manufacturers face negligence liability for failing to bring a safer drug to market quickly enough. A ruling for plaintiffs would create a novel liability theory applicable across innovation-driven industries .

What to watch.

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