In a significant First Amendment ruling, the Fifth Circuit in Spectrum WT v. Wendler held that a drag show hosted by an LGBTQ+ student organization at West Texas A&M University qualifies as expressive conduct. The decision underscores that drag performances, like other forms of artistic and political expression, can fall within the core protections of the First Amendment. Continue Reading Fifth Circuit Holds that Drag Show is Expressive Conduct Protected Under First Amendment
On April 21, 2025, a Ninth Circuit en banc panel revived (by a 10-1 decision) a putative class action against Shopify, Inc. alleging violations of privacy and data rights via use of cookies. In reversing both the district court and the original Ninth Circuit three-judge panel, the en banc panel adopted an alarmingly expansive view of specific personal jurisdiction over Internet-based companies. We hope Shopify seeks and the U.S. Supreme Court grants certiorari.Continue Reading Opening Door to Universal Jurisdiction in Internet Cases, En Banc Ninth Circuit Finds Specific Personal Jurisdiction Over Shopify
TCPA litigation, like spring flowers, is in full bloom this season. Over the past several months, major decisions have come down related to the FCC’s one-to-one consent rule (which we covered in our last update) as well as other issues that continue to delineate claims under the TCPA. We summarize here developments since our last update, listed in alphabetical order by topic area.Continue Reading TCPA Turnstile: TCPA Litigation Continues to Spring to Life in 2025 (TCPA Update Vol. 20)