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Legal & Privacy Brief

2026-06-04

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Show Notes - 2026-06-04

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Legal & Privacy Brief - June 4, 2026

Today: The Supreme Court cleared Alabama to use congressional maps lower courts found racially discriminatory. CISA will release a binding operational directive on AI security this week. DHS signals major restructuring at CISA amid one-third workforce reduction and $700M budget cuts.

Litigation Updates

Supreme Court Allows Alabama Congressional Map Despite Racial Gerrymandering Findings

The Supreme Court cleared Alabama to use congressional maps in the 2026 elections that lower courts determined were racially discriminatory. Justice Sonia Sotomayor dissented, joined by Justices Elena Kagan and Ketanji Brown Jackson. The decision follows the Court's April ruling in Louisiana v. Callais, which requires plaintiffs challenging racial gerrymandering to prove discriminatory intent rather than just demonstrating discriminatory impact. Justice Alito certified the Callais ruling in May to assist Louisiana in redrawing maps days before elections, despite previously citing the need for "certainty" to keep discriminatory maps in place.

Apple AirTag Stalking Claims Proceed as Individual Lawsuits After Class Certification Fails

More than a dozen individuals filed separate lawsuits against Apple after a prior class action targeting AirTag tracking devices failed to achieve class certification. The cases involve allegations that Apple's devices enable stalking. Individual litigation proceeds on separate tracks without consolidated class action structure.

RushMyPassport Class Action Alleges False Advertising of Expedited Services

A class action lawsuit accuses Expedited Travel of falsely advertising RushMyPassport services as faster passport processing when the company cannot actually accelerate State Department timelines. The complaint challenges consumer deception claims regarding processing speed promises.

$15M Generac PWRcell Settlement Over Defective Solar Components

Generac agreed to pay $15 million to resolve claims that SnapRS devices in its PWRcell solar power systems are defective. Class members can submit claims by August 24, 2026.

Supreme Court Summary Reversal in Death Penalty DNA Evidence Case (Whitton v. Dixon)

In Whitton v. Dixon, the Supreme Court issued a rare summary reversal favoring a death row inmate, holding that the 11th Circuit erred by relying on post-trial DNA evidence the jury never saw. The Court held that evidence unavailable to the jury had no place in the appellate analysis and remanded for reconsideration. Justice Clarence Thomas dissented, joined by Justice Samuel Alito, arguing the claim would fail regardless.

Baby Food Toxic Metals Litigation Filed Against Major Manufacturers

A lawsuit alleges that Beech-Nut, Gerber, Hain Celestial, Plum, Campbell's, and Walmart knowingly sold baby food products contaminated with dangerous levels of toxic heavy metals. The complaint targets multiple major manufacturers for failing to disclose metal contamination levels.

Regulatory Guidance

CISA to Release AI Executive Order Directive This Week

The Cybersecurity and Infrastructure Security Agency (CISA) will release a binding operational directive to federal agencies detailing actions required under the president's AI executive order by the end of this week. CISA Acting Director Nick Andersen stated the directive will focus on vulnerability alleviation and vulnerability management. The scaled-back executive order asks companies to voluntarily submit AI models for government testing 30 days before public release, reduced from an earlier 90-day proposal. CISA will operate the "cyber clearinghouse" envisioned by the order and will access models for vetting.

DHS Signals Major CISA Restructuring Amid Budget Cuts

Homeland Security Secretary Markwayne Mullin testified that CISA has lost roughly one-third of its workforce and faces $700 million in budget cuts from the Trump administration. CISA currently employs around 2,200 personnel, down from a hiring cap of 3,400. Mullin stated the agency needs approximately 2,800 employees and confirmed a nominee to lead CISA will be announced soon. The president's fiscal 2027 budget proposes cutting more than $700 million from CISA, raising bipartisan concerns in Congress. House Homeland Security Committee Chair Andrew Garbarino expressed concern about cuts to cybersecurity education programs and personnel reductions affecting the skilled cybersecurity workforce pipeline.

Supreme Court Denies Review in Immigration Detention Due Process Cases (Genalo v. Black)

The solicitor general petitioned the Supreme Court to resolve constitutional questions about prolonged immigration detention under 8 U.S.C. Section 1226(c), which mandates detention of certain noncitizens pending removal proceedings. The 2nd Circuit held that detention can become "unreasonably prolonged," triggering due process protections and requiring individualized bond hearings. The en banc court denied rehearing with dissents from five judges, creating a circuit split. The Court relisted the petition for further consideration at this week's conference.

Privacy Developments

Radiology Associates of Richmond Data Breach Affects 266,000 Patients

Radiology Associates of Richmond disclosed a cybersecurity incident involving personal and protected health information of more than 266,000 current and former patients. The breach notification was filed with regulatory authorities following discovery of unauthorized access to patient data systems.

Meta AI Customer Support Bot Exploited for High-Profile Instagram Account Takeovers

Hackers exploited Meta's AI support chatbot to gain unauthorized access to high-profile Instagram accounts, including the Barack Obama White House account, the Chief Master Sergeant of Space Force's account, and Sephora's account. Attackers simply asked the AI bot to change email addresses associated with target accounts, and the bot complied without adequate verification. The technique involved using a VPN to place the request IP in the target's region, but required no sophisticated hacking or social engineering beyond conversing with the bot.

Policy Changes

Supreme Court Signals Openness to Constitutional Religious Exemptions from Vaccine Mandates

The Supreme Court signaled it may recognize a constitutional claim based on the lack of religious exemptions for vaccine mandates, sending a case involving Amish parents in New York back to a lower federal appeals court for further proceedings. New York is one of five states that do not allow religious exemptions from childhood vaccine mandates. Legal observers identify similar cases moving through courts in West Virginia and California as the anti-vaccine movement's best prospect for a national legal victory on First Amendment grounds.

State Department Re-Engages with Gavi Amid Ebola Outbreak

Secretary of State Marco Rubio announced the U.S. would re-engage with the global vaccine alliance Gavi amid Ebola outbreaks in several African countries. The Trump administration pulled funding from Gavi last year, with HHS Secretary Kennedy withholding $600 million Congress appropriated for international vaccination programs. Rubio stated the State Department made the decision to re-engage a few weeks ago and would work with HHS to resolve the issue.

Trump Administration Proposes 25% Tariffs on Brazil Under Section 301

The Office of the U.S. Trade Representative proposed 25% tariffs on imports from Brazil, charging that Brazil engages in trade practices that are "unreasonable" and "burden or restrict U.S. commerce." The administration relies on Section 301 of the Trade Act of 1974 after the Supreme Court ruled in February that Trump overstepped authority by using the International Emergency Economic Powers Act to impose sweeping tariffs.

Acting Attorney General Declines to Formalize End of $1.8B J6 Compensation Fund

Acting Attorney General Todd Blanche testified before Congress that "we are not moving forward with the fund, period" regarding the $1.776 billion weaponization compensation fund for January 6 participants. However, Blanche refused to put the commitment in writing when requested by Rep. Grace Meng. Blanche also declined to confirm whether the IRS audit immunity agreement for President Trump and his family would be rescinded. January 6 participant Enrique Tarrio stated the fund's abandonment allows individual litigation with less oversight and potentially higher payouts.

Compliance Takeaways