In the closely watched case Mobley v. Workday, the Northern District of California recently granted preliminary certification of a collective action for age discrimination claims against Workday’s AI-based applicant...more
7/30/2025
/ Age Discrimination ,
Algorithms ,
Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Class Action ,
Class Certification ,
Disparate Impact ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Hiring & Firing ,
Job Applicants
The 2025 Colorado legislative session concluded on May 7, 2025. This latest session has brought a series of significant updates that are poised to reshape the compliance landscape for employers across the state. Among the...more
7/28/2025
/ Agricultural Sector ,
Agricultural Workers ,
Colorado ,
Health Care Providers ,
Labor Disputes ,
Minimum Wage ,
Misclassification ,
New Legislation ,
Non-Compete Agreements ,
Paid Family Leave Law ,
Paid Leave ,
Penalties ,
Restrictive Covenants ,
Retaliation ,
State Labor Laws ,
Tipped Employees ,
Transparency ,
Wage and Hour
Key Point: “Winning the Race: America’s AI Action Plan,” the Trump Administration’s summary approach to federal artificial intelligence (AI) policy, and three new Executive Orders (EO) propose a wide-ranging federal strategy...more
7/28/2025
/ Artificial Intelligence ,
Compliance ,
Corporate Counsel ,
Cybersecurity ,
Data Centers ,
Enforcement Actions ,
Executive Orders ,
Export Controls ,
Federal Contractors ,
Infrastructure ,
Innovative Technology ,
National Security ,
Popular ,
Regulatory Reform ,
Risk Management ,
Trump Administration
In this post: (1) Website tracking litigation risk remains as SB 690 is designated “two-year bill”; (2) Second Circuit reinforces narrower interpretation of PII to “shut the door for Pixel-based VPPA claims”; (3) Courts...more
Keypoint: In this post: (1) Standing may depend on how specific plaintiffs’ complaint is; (2) the 2d Circuit adopts the 3rd and 9th Circuit’s narrower interpretation of PII under the VPPA; (3) Promises in privacy policies not...more
6/23/2025
/ Class Action ,
Corporate Counsel ,
Data Privacy ,
Data-Sharing ,
Electronic Protected Health Information (ePHI) ,
Facebook ,
Google ,
IP Addresses ,
Personally Identifiable Information ,
PHI ,
Privacy Policy ,
Social Media ,
State Privacy Laws ,
Third-Party ,
TikTok ,
Tracking Systems ,
URLs ,
VPPA
Keypoint: In this post: (1) The Ninth Circuit holds essentially any website can be sued in California; (2) two courts limit pen registry claims; (3) courts split on whether privacy policies establish consent for wiretapping...more
5/7/2025
/ Appeals ,
California ,
Consent ,
Corporate Counsel ,
Data Privacy ,
Litigation Strategies ,
Motion to Dismiss ,
Personal Jurisdiction ,
Privacy Laws ,
Websites ,
Wiretapping
Keypoint: In this post: (1) California considers a “commercial exception” to wiretapping and pen registry laws; (2) a rise in federal wiretapping claims against websites; (3) more courts impose “knowledge or intent”...more
4/15/2025
/ California ,
CIPA ,
Class Action ,
Corporate Counsel ,
Data Privacy ,
ECPA ,
New Legislation ,
Popular ,
Privacy Laws ,
VPPA ,
Wiretapping
Keypoint: In this post: (1) How a privacy policy can defeat a plaintiff’s “delayed discovery” argument; (2) Two CA state courts reject plaintiffs’ allegations concerning personal jurisdiction; (3) Three courts dismiss PR/TT...more
3/11/2025
/ California ,
CIPA ,
Class Action ,
Consumer Privacy Rights ,
Corporate Counsel ,
Data Privacy ,
Discovery ,
Personal Information ,
Personal Jurisdiction ,
Privacy Laws ,
Privacy Policy ,
Social Media ,
State Privacy Laws ,
Web Tracking
Welcome to the twentieth installment in our monthly data privacy litigation report. We prepare these reports to provide updates on how courts in the United States have handled emerging data privacy trends. After our expansive...more
2/18/2025
/ California ,
California Consumer Privacy Act (CCPA) ,
CIPA ,
Class Action ,
Consent ,
Consumer Privacy Rights ,
Corporate Counsel ,
Data Collection ,
Data Privacy ,
Popular ,
Privacy Concerns ,
Privacy Laws ,
Third-Party ,
VPPA ,
Websites ,
Wiretapping
Recent developments in federal AI policy, including the effective recission of Equal Employment Opportunity Commission (EEOC) and Department of Labor (DOL) guidance on AI and workplace discrimination, have raised questions...more
2/10/2025
/ Algorithms ,
Americans with Disabilities Act (ADA) ,
Artificial Intelligence ,
Bias ,
Civil Rights Act ,
Department of Labor (DOL) ,
Disparate Impact ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
State Labor Laws ,
Title VII
Welcome to the nineteenth installment in our monthly data privacy litigation report. We prepare these reports to provide updates on how courts in the United States have handled emerging data privacy trends. We are covering...more
1/7/2025
/ Arbitration ,
Article III ,
CIPA ,
Data Privacy ,
Facebook ,
Google ,
IP Addresses ,
Personal Jurisdiction ,
Privacy Legislation ,
Privacy Policy ,
Social Media ,
Summary Judgment ,
Targeted Digital Advertising ,
Terms of Use ,
Third-Party Service Provider ,
URLs ,
VPPA ,
Websites ,
Wiretapping
Keypoint: California state courts weigh in on what does, and does not, qualify as a “pen registry” or “tap and trace” device while one California federal court raises whether a wiretapping claim can also allow for a CCPA...more
10/22/2024
/ California Consumer Privacy Act (CCPA) ,
CIPA ,
Corporate Counsel ,
Data Privacy ,
Data Protection ,
Personally Identifiable Information ,
State Privacy Laws ,
Third-Party ,
Vendors ,
Video Recordings ,
VPPA ,
Wiretapping
Throughout the 2024 legislative session, we have been tracking numerous privacy- and AI-related bills pending in California. Ten of those bills passed the state legislature before the legislative session ended on August 31...more
10/7/2024
/ Artificial Intelligence ,
California ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Data Privacy ,
Data-Sharing ,
Machine Learning ,
Minors ,
Opt-Outs ,
Personal Information ,
State Privacy Laws ,
Training ,
Transparency
Last week, the Colorado Supreme Court issued a highly anticipated decision, finding that the “regular rate of pay” under Colorado law does include holiday incentive pay for purposes of calculating overtime. The Tenth Circuit,...more
Keypoint: California district courts continue to split over whether “knowledge” is required to plead liability under Section 631(a)’s fourth prong while two decisions show courts taking different approaches to VPPA claims at...more
9/10/2024
/ CIPA ,
Consumer Privacy Rights ,
Corporate Counsel ,
Data Privacy ,
Data Protection ,
Electronic Communications ,
Facebook ,
Personally Identifiable Information ,
Privacy Laws ,
Third-Party ,
VPPA ,
Websites ,
Wiretapping
On Saturday, August 31, the California legislature closed its 2024 session. During the past calendar year, we tracked numerous privacy and AI-related bills with fourteen of them passing out of their chamber of origin prior to...more
9/3/2024
/ Algorithms ,
Artificial Intelligence ,
Bias ,
California ,
California Consumer Privacy Act (CCPA) ,
California Privacy Protection Agency (CPPA) ,
Corporate Counsel ,
Data Privacy ,
Discrimination ,
Online Safety for Children ,
Opt-Outs ,
State Privacy Laws ,
Training ,
Transparency
Keypoint: The California legislature enters into the final week of its session with many bills still under consideration. We are currently tracking thirteen privacy and AI-related bills that previously crossed chambers prior...more
Keypoint: Courts have started to issue Pixel-based wiretapping decisions, the Seventh Circuit weighs in on when a manufacturer can be forced to pay arbitration fees, and three courts showed different approaches to dismissing...more
8/23/2024
/ CIPA ,
Consumer Privacy Rights ,
Data Privacy ,
Data Protection ,
Electronic Communications ,
Facebook ,
Personally Identifiable Information ,
Privacy Laws ,
SaaS ,
Third-Party ,
VPPA ,
Websites ,
Wiretapping
Keypoint: Although not nearly as far-reaching as the Colorado AI Act, the Illinois law adds to the growing patchwork of state laws that regulate artificial intelligence. On August 9, Illinois Governor J.B. Pritzker signed HB...more
8/22/2024
/ Artificial Intelligence ,
Bias ,
Civil Rights Act ,
Employment Discrimination ,
Governor Pritzker ,
Hiring & Firing ,
Human Rights Act ,
Illinois ,
Machine Learning ,
Popular ,
Protected Class ,
Wage and Hour
Keypoint: Companies onboarding AI products and services need to understand the potential risks associated with these products and implement contractual provisions to manage them. With the rapid emergence of artificial...more
8/20/2024
/ Artificial Intelligence ,
Consumer Service Agreements ,
Contract Terms ,
Contractual Safeguards ,
Data Protection ,
Data-Sharing ,
Due Diligence ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Intellectual Property Protection ,
Liability ,
Risk Assessment ,
Vendors
Keypoint: Last week, several privacy and AI bills passed out of committee (with some receiving amendments) while two bills died in committee. We are currently tracking thirteen privacy and AI-related bills that previously...more
8/19/2024
/ Algorithms ,
Artificial Intelligence ,
California ,
California Consumer Privacy Act (CCPA) ,
Corporate Counsel ,
Disclosure Requirements ,
Online Safety for Children ,
Personal Information ,
Social Media ,
State Privacy Laws ,
User-Generated Content
The Northern District of California issued an eagerly awaited decision last month in Mobley v. Workday, Inc., where a job applicant claims that Workday’s artificial intelligence (AI) job applicant screening tools violate...more
8/15/2024
/ Age Discrimination ,
Aiding and Abetting ,
Algorithms ,
Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Artificial Intelligence ,
Disability Discrimination ,
Disparate Impact ,
Equal Employment Opportunity Commission (EEOC) ,
FEHA ,
Race Discrimination ,
Screening Procedures ,
Title VII ,
Vendors ,
Wage and Hour
Keypoint: Last week, the California legislature returned from its summer recess and began moving forward with privacy and AI legislation prior to the August 31 session closing date.
We are currently tracking thirteen...more
8/12/2024
/ Algorithms ,
Artificial Intelligence ,
California ,
California Consumer Privacy Act (CCPA) ,
California Privacy Protection Agency (CPPA) ,
Consumer Privacy Rights ,
Corporate Counsel ,
Discrimination ,
Online Safety for Children ,
Opt-Outs ,
Social Media ,
State Privacy Laws ,
Transparency
The 2024 Colorado legislative session concluded on May 8, 2024. Consistent with last year’s session, the 74th General Assembly ended with a number of new employment-related laws passing. Enacted legislation will enhance...more
8/8/2024
/ Artificial Intelligence ,
Biometric Information ,
Colorado ,
Consumer Privacy Rights ,
Disability Benefits ,
Fairness Standard ,
Governor Polis ,
Hairstyle Discrimination ,
Health Insurance ,
Job Applicants ,
Minors ,
Non-Compete Agreements ,
State Labor Laws ,
Workers’ Compensation
Keypoint: The California legislature has many pending privacy and AI-related bills to consider before it closes on August 31. The California legislature left for its summer recess on July 3 and will reconvene on August 5....more