Brendan Pierson

Three lawsuits, picked up by Law.com Radar, come as the Trump administration has vowed to cut red tape for projects. Two of them target a planned road in Alaska, while one takes aim at a broad permit relied on by oil and gas pipeline developers nationwide.

F. Paul Greene, chair of Harter Secrest & Emery's privacy and data security practice, said that the allegations against Pinnacle underscore a common problem: companies do not always have a full understanding of how their websites track users or how they have changed over time.

F. Paul Greene, chair of Harter Secrest & Emery’s privacy and data security practice, said that the allegations against Pinnacle underscore a common problem: companies do not always have a full understanding of how their websites track users or how they have changed over time.

The lawsuits filed against Hims & Hers Health in California's Northern District highlight the broader trend of increasing health data privacy litigation and mirror a recent case brought against the San Francisco-based company by the U.S. Federal Trade Commission.

The new rule would tighten the definition of “extraordinary circumstances” to make it harder for opponents to challenge projects, and would make it easier for the EPA to rely on other agencies' determinations that a project falls under a categorical exclusion.

“Some employers may be tempted to say, well, I'm pretty sure the Republican board is going to overturn this,” BakerHostetler partner Patrick Muldowney said. “I think you do that at your peril.”

The FTC gave several examples of personalized pricing that it said could run afoul of Section 5, including a grocery store charging more for milk based on information that a household had multiple children and a hotel charging more for a room based on information suggesting that the customer was traveling for a funeral.

“You have what is essentially a mechanism by which the product continues to evolve and change over time. That in itself is new and poses risks that they haven't really seen before," said Linda Malek, a partner at Crowell & Moring's Health Care and Privacy and Cybersecurity groups in New York.

While District Judge Michael Simon's ruling is likely to be appealed, attorneys not involved in the case said it offers a hint of how courts might approach some of the legal arguments that plaintiffs can muster against such extended producer responsibility laws.

At least a dozen lawsuits filed in northern Texas accused McKesson Corp. of negligently failing to protect patient data and to disclose the breach in a timely manner.