In this post: (1) California courts split on personal jurisdiction post-Briskin; (2) District courts dismiss VPPA claims against movie theaters & online platforms; (3) ND Cal courts find “crime-tort” exception met in...more
8/13/2025
/ California ,
Class Action ,
Colorado ,
Corporate Counsel ,
Data Privacy ,
Dismissals ,
Jury Trial ,
Jury Verdicts ,
Litigation Strategies ,
Motion to Dismiss ,
Personal Jurisdiction ,
Personally Identifiable Information ,
Privacy Laws ,
Privacy Torts ,
State Privacy Laws ,
Video Privacy Protection Act ,
Web Tracking
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
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
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: 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
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
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
Keypoint: The California legislature is considering several bills that, if passed, would add to the nation’s emerging legal patchwork governing the use of artificial intelligence. In mid-May, Colorado Governor Jared Polis...more
Keypoint: Pending the Governor’s signature, the California Delete Act requires all data brokers to register with the CPPA next year and comply with a one-stop consumer deletion mechanism by 2026.
Last week, the California...more
9/18/2023
/ Audits ,
California ,
California Consumer Privacy Act (CCPA) ,
California Privacy Protection Agency (CPPA) ,
Data Brokers ,
Disclosure Requirements ,
Duty to Delete ,
Fair Credit Reporting Act (FCRA) ,
GLBA Privacy ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Insurance Information and Protection Act ,
New Legislation ,
State Privacy Laws
Keypoint: Businesses subject to the CCPA will need to revise their compliance programs before the exemptions expire on January 1, 2023.
As previously reported, the California legislature had been considering multiple bills...more
9/1/2022
/ California ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Corporate Counsel ,
Data Privacy ,
Data Transfers ,
Disclosure Requirements ,
Employee Monitoring ,
Information Requests ,
Personal Information ,
Personnel Records ,
Popular