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  • Date:

    Johnson v. Georgetown University (D.D.C. Mar. 31, 2026)

    Memorandum Opinion and Order Granting in Part Defendants’ Motion to Dismiss. Plaintiff, the former Assistant Director at Georgetown’s School of Foreign Service, sued the university and 12 other defendants alleging Title VII discrimination, retaliation and other claims, after she was hired and terminated a month later after social media posts she made eight years prior describing her “‘hat[red]’ for Zionists” went viral. The court dismissed plaintiff’s claims against the university finding that plaintiff had failed to plausibly allege discrimination based on race, religion, or national origin and that her tort claims could not proceed due to procedural and substantive defects. While plaintiff argued the university had deviated from its probation policy in terminating her so swiftly, the court disagreed finding the policy “clearly afford[ed] the university the right to fire an employee for behavior that her department deem[ed] ‘unacceptable’.” The court also dismissed with prejudice plaintiff’s claims against the other defendants with the exception of her claims against Canary Mission. Because Canary Mission refused to appear in the case, and did not move to dismiss plaintiff’s claims, the court permitted plaintiff to consider whether to seek a default judgment against it.

    Topics:

    Constitutional Issues | Discrimination, Accommodation, & Diversity | Faculty & Staff | First Amendment & Free Speech | Race and National Origin Discrimination | Religious Discrimination & Accommodation | Retaliation | Social Media | Technology

  • Date:

    Stokes v. Boyce (N.D. Miss. Mar. 11, 2026)

    Opinion Denying Plaintiff’s Motion for a Preliminary Injunction. Plaintiff, the former Executive Assistant to the Vice Chancellor for Development at the University of Mississippi, sued the university chancellor in both his official and individual capacities alleging First Amendment retaliation and seeking reinstatement of her employment after she reposted a controversial statement regarding the killing of Charlie Kirk and was subsequently terminated. The court denied plaintiff’s motion, finding ample evidence that plaintiff’s post resulted in significant, actual disruptions to campus operations, including the cancelling of a student event, the need for increased campus police patrols outside plaintiff’s office, and increased work for a senior administrator tasked with responding to hate mail.

    Topics:

    Constitutional Issues | Discrimination, Accommodation, & Diversity | Faculty & Staff | First Amendment & Free Speech | Retaliation | Social Media | Technology

  • Date:

    Department of Labor Releases AI Literacy Framework (Feb. 13, 2026)

    The Department of Labor announced that it has published a framework for artificial intelligence (AI) literacy to serve as a resource for program design and encourage expanded AI literacy training across the public workforce and education systems.

    Topics:

    Data Privacy | Privacy & Transparency | Technology | Technology Accessibility

  • Date:

    Baggett v. State Univ. of New York. at Niagara, Niagara Cnty. Cmty. Coll. (W.D. N.Y. Dec. 8, 2025)

    Opinion Denying in Part Defendant’s Motion to Dismiss. Plaintiff, a former student at SUNY Niagara County Community College, brought claims of negligence, breach of contract, and unjust enrichment against the college following a data breach that exposed his and other potential class members’ personally identifiable information and caused them harm through increased risk of identity theft and mitigation costs. As a preliminary matter, the court held plaintiff had Article III standing because the unauthorized exposure of his private information, along with the costs of mitigating identity theft, constituted a concrete injury. The court found that plaintiff had sufficiently alleged a breach of contract claim, finding it plausible that there was an implied contract and a reasonable expectation that the college would safeguard plaintiff’s data. The court further allowed plaintiff’s unjust enrichment claim to proceed, finding he plausibly alleged that the college had enriched itself by failing to provide adequate data security. However, the court granted the college’s motion to dismiss plaintiff’s negligence per se claim, reasoning that the Federal Trade Commission Act did not create a private right to action in New York.

    Topics:

    Cybersecurity | Data Privacy | Privacy & Transparency | Technology

  • Date:

    ACE Comments on Regulatory Reform of AI (Oct. 27, 2025)

    The American Council on Education (ACE) along with eight other higher education associations, sent comments to the Trump Administration in response to the request for information on Artificial Intelligence (AI) and federal regulation, urging deregulation and the implementation of essential safeguards. The comments outline several regulatory efforts, such as (1) need for human oversight in administrative processes; (2) concerns for under-resourced institutions; and (3) ensuring established privacy protections are supported.

    Topics:

    Data Privacy | Disability Discrimination | Discrimination, Accommodation, & Diversity | Privacy & Transparency | Technology | Technology Accessibility

  • Date:

    Dep’t of Educ. v. Massey (Pa. Commw. Ct. Oct. 20, 2025)

    Opinion Affirming Office of Open Records Final Determinations. Petitioners, the Department of Education and Pennsylvania State University, in a set of consolidated cases, appealed the Pennsylvania Office of Open Records’s (OOR) final determinations granting a journalist from Spotlight PA access to several records regarding the Board of Trustees. OOR partially granted respondent’s Right-to-Know Law (RTKL) request in which he sought copies of electronic documents that were created by the university and sent via an electronic system to the Departments of Education and Agriculture. The court upheld OOR’s determination, reasoning that the records requested are public records under RTKL that were received by the Departments and were therefore within the “possession, custody, or control of the Departments”, and that they are not “confidential proprietary information” as argued by petitioners.  

    Topics:

    Electronic Discovery & Electronically Stored Information | Governance | Governing Boards & Administrators | Litigation, Mediation & Arbitration | Technology

  • Date:

    Murray v. Conn. Coll. (D. Conn. Sep. 23, 2025)

    Opinion Granting in Part Defendant’s Motion to Dismiss. Plaintiff, a former student at Connecticut College, in a putative class action, brought negligence, breach of contract, and unjust enrichment claims against the college seeking damages and injunctive relief after a data-security breach which, according to plaintiff, allowed unauthorized third-party cybercriminals to gain access to his personal identifying information (PII) and personal health information (PHI)  The court rejected the college’s argument that plaintiff lacked Article III standing to sue, finding that plaintiff had sufficiently alleged an injury from potential misuse of his data that was “sufficiently concrete, particularized, actual or imminent.” The court allowed plaintiff’s breach of contract claim to proceed, finding plaintiff made a plausible argument that, because he was required to provide PII and PIH as a condition of enrollment, it was fair to assume the college made an implicit promise to responsibly maintain his data. However, the court dismissed plaintiff’s negligence claim, finding he had failed to offer any analysis of the duty question under Connecticut law.

    Topics:

    Cybersecurity | Data Privacy | Litigation, Mediation & Arbitration | Privacy & Transparency | Technology | Tort Litigation

  • Date:

    Preventing Woke AI in the Federal Government – The White House (Jul. 23, 2025)

    Executive Order: “Preventing Woke AI in the Federal Government.” This Order states that artificial intelligence (AI) models acquired by the federal government must prioritize accuracy and remain free from ideological bias. The Order specifically prohibits large language models (LLMs) acquired by federal agencies from biases regarding Diversity, Equity, and Inclusion (DEI) frameworks. The Order further states that DEI-related content distorts factual accuracy and undermines trust in AI, and outlines a policy requiring all federally procured LLMs follow two “Unbiased AI Principles”: (1) Truth-seeking, meaning outputs must be “historical accura[te], . . . objectiv[e], and . . . acknowledge uncertainty where reliable information is incomplete or contradictory”; and (2) Ideological Neutrality, meaning outputs must be “neutral, nonpartisan tools that do not manipulate responses in favor of ideological dogmas such as DEI.” Finally, the Order requires the Office of Management and Budget, along with other relevant agencies, to issue guidance on implementation of these principles in federal procurement. Agencies must include compliance requirements in new LLM contracts and, where feasible, amend existing ones. The White House also published a Fact Sheet on the Order.  

    Topics:

    Cybersecurity | Technology

  • Date:

    Department of Education Releases New AI Guidance and Proposes New Grant Priority (Jul. 22, 2025)

    The U.S. Department of Education (the Department) issued a Dear Colleague Letter (DCL) providing guidance on the use of federal grant funds to support artificial intelligence (AI) in education. The letter outlined permissible uses of formula and discretionary funds to develop high-quality instructional tools, enhance tutoring through AI platforms, and support college and career advising through predictive and virtual systems. The letter affirmed that such uses are authorized under current law and emphasized adherence to various principles for responsible use, including educator leadership, ethical integration, accessibility, transparency, and data privacy. Alongside this updated guidance, Secretary Linda McMahon announced a proposed supplemental priority focused on advancing AI in education, which aims to promote AI and computer science instruction, professional development for educators, and the use of AI to personalize learning and improve administrative efficiency. The proposal is open for public comment through August 20. 

    Topics:

    Cybersecurity | Technology

  • Date:

    ACE Letter on AI Action Plan (Mar. 14, 2025)

    Letter from the American Council on Education (ACE) to the National Coordination Office offering input on the development of an Artificial Intelligence (AI) Action Plan. The letter recommends that the administration focus the Action Plan on: (1) establishing experimental sites for institutions across the postsecondary spectrum to pilot the use of AI in admissions and other areas; (2) keep FERPA in mind when considering student privacy issues; (3) encourage the Department of Education to convene groups and share best practices, especially with under resourced institutions; (4) incentivize the private sector to partner with a consortium of institutions, including under resourced institutions, and work to close the gaps in access to technology and requisite infrastructure to fully utilize AI across the postsecondary landscape; (5) provide additional funding for the Small Business Innovation Research program at the Institute of Education Sciences and expand the Fund for the improvement of Postsecondary Education Digital Learning Infrastructure and IT Modernization Pilot program; (6) support efforts to protect academic integrity and incorporate AI into curricula; and (7) support workforce development in AI through the academic pipeline. 

    Topics:

    Cybersecurity | Data Privacy | Privacy & Transparency | Technology

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