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    Jan. 21, 2026

Litigation Landscape for Cookie and Tracking Technology Claims Brought Under Federal Privacy Statutes

In the rapidly evolving digital landscape, the increasingly widespread use of cookies and other tracking technologies has raised legal questions that courts across the country continue to grapple with. Plaintiffs have invoked a variety of federal statutes, each with its own requirements and judicial interpretations. In this guest article, Finnegan partner Lynn Parker Dupree and associate Victor Palace examine how federal courts have addressed claims brought under key federal privacy statutes challenging online tracking. The article highlights the emerging legal trends that both plaintiffs and defendants must navigate, including splits among federal circuit courts, and offers practical implications for companies to consider. See “Managing Tracking Technologies and Their Privacy Dilemmas in 2025” (Mar. 12, 2025).

SEC Commissioners Urge Balance of Crypto Innovation and Privacy

Under Chairman Paul Atkins, the SEC has actively encouraged new cryptocurrency technologies, but commissioners recently warned crypto industry innovators to anchor privacy in all their efforts. “Our national degradation of financial privacy and the rules that embody it are overdue for a change, and crypto is helping to nudge a reassessment,” said Commissioner Hester Peirce at a recent commission roundtable featuring representatives from the blockchain and decentralized finance industries. This article synthesizes key discussions from the roundtable regarding the intersection of blockchain technology, financial surveillance and privacy issues, as well as industry representatives’ wish list for SEC guidance on fostering responsible development of crypto businesses. See “Six Steps to Address the SEC’s Trump Era Cyber Enforcement Priorities” (Apr. 9, 2025).

FirstEnergy: Best Practices for Preserving Privilege in Internal Investigations

The recent decision of the U.S. Court of Appeals for the Sixth Circuit in In re FirstEnergy Corporation (Decision) reaffirmed the seminal 1981 decision in Upjohn Co. v. United States as the standard for maintaining assertions of privilege and work product protection in internal investigations. This second installment of a two-part article series analyzing the Decision examines how it may have impacted data breach investigations and offers best practices for good privilege hygiene, including insights from investigation experts on how to collect and preserve documents, conduct interviews and present findings to the client. The first part unpacked the procedural posture of the case and dissected the Decision to tease out its legal implications. See our two-part series on preserving the privilege for in-house counsel: “Communications and Common Issues” (Feb. 24, 2021), “Internal Investigations and Depositions” (Mar. 2, 2021).

Liberius Welcomes Privacy Partner in Brussels

Alja Poler De Zwart has joined Liberius, a Brussels-based firm, as a partner in the privacy+ & compliance and whistleblowing practices. She arrives from Morrison Foerster. For commentary from Poler De Zwart, see “How Will the GDPR Affect Due Diligence?” (Mar. 14, 2018).

Cybersecurity Expert Joins FTI Consulting As Senior Managing Director

FTI Consulting has welcomed Jason Smolanoff as a senior managing director in the cybersecurity practice within the firm’s forensic and litigation consulting segment. He arrives from Kroll. For commentary from Smolanoff, see “Keeping CISOs and the C‑Suite Off the Witness Stand” (May 29, 2019). For insights from FTI Consulting, see “Survey Finds Increased Value in Having a Culture of Compliance” (Feb. 26, 2025).

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Women to Watch: Contributions, Achievements and Observations of Outstanding Female Professionals

To mark International Women’s Day, women editors and reporters at ION Analytics interviewed outstanding women in the industries and jurisdictions we cover. In this part, Law Report Group editors Jill Abitbol, Robin L. Barton and Megan Zwiebel profile notable women in data privacy, cybersecurity, private funds and anti-corruption law, including Anne-Gabrielle Haie, Jessica Lee, Micaela McMurrough, Laura Perkins, Amanda Raad, Madelyn Calabrese, Ranah Esmaili and Genna Garver. Enjoy reading their inspiring remarks here.