If your company uses a third-party tool to power your website chat function or AI-assisted customer service, the 9th Circuit Court of Appeals just delivered a ruling you should know about. On July 9, the court affirmed...more
7/22/2025
/ Aiding and Abetting ,
Appeals ,
Artificial Intelligence ,
CIPA ,
Consumer Privacy Rights ,
Data Privacy ,
Digital Communications ,
Privacy Laws ,
Privacy Policy ,
Summary Judgment ,
Third-Party Service Provider ,
Vendors ,
Websites ,
Wiretapping
New Jersey officials recently released proposed privacy regulations that would create several new compliance obligations for businesses above and beyond what existing state law and many other state laws require, meaning you...more
7/18/2025
/ Artificial Intelligence ,
Comment Period ,
Consent ,
Consumer Privacy Rights ,
Corporate Counsel ,
Customer-Loyalty Programs ,
Data Collection ,
Data Controller ,
Data Privacy ,
Data Processors ,
Data Use Policies ,
Disclosure Requirements ,
Duty of Care ,
Impact Assessments ,
New Jersey ,
Notice Requirements ,
Personal Data ,
Personally Identifiable Information ,
Privacy Policy ,
Proposed Regulation ,
Public Comment ,
Sensitive Personal Information
A California bill aimed at curbing the explosion of lawsuits filed against businesses using common website tools like cookies, pixels, and session replay software has stalled out in the 2025 legislative session, meaning your...more
7/8/2025
/ California ,
CIPA ,
Class Action ,
Consent ,
Consumer Privacy Rights ,
Cookies ,
Data Collection ,
Data Privacy ,
Privacy Policy ,
Proposed Legislation ,
State Privacy Laws ,
Web Tracking ,
Websites ,
Wiretapping
Healthline Media has agreed to pay $1.55 million to resolve allegations that it violated the California Consumer Privacy Act (CCPA) – which is the largest settlement to date under the state’s landmark privacy law. The...more
7/8/2025
/ California Consumer Privacy Act (CCPA) ,
CIPA ,
Consent ,
Consumer Privacy Rights ,
Cookie Banners ,
Cookies ,
Corporate Counsel ,
Data Collection ,
Data Privacy ,
Data-Sharing ,
Enforcement Actions ,
Opt-Outs ,
Personal Information ,
Privacy Policy ,
Settlement ,
State Attorneys General ,
Targeted Digital Advertising ,
Third-Party ,
Unfair Competition Law (UCL) ,
Web Tracking ,
Websites
Senators voted overwhelmingly in the early morning hours yesterday to drop the proposed pause on state AI laws that would have dissuaded state lawmakers from regulating artificial intelligence at the local level for the next...more
7/2/2025
/ Artificial Intelligence ,
Bias ,
Corporate Counsel ,
Disparate Impact ,
Employer Responsibilities ,
Employment Discrimination ,
Moratorium ,
Multistate Employers ,
Popular ,
Senate Committees ,
States Rights
We’re now one step closer to the nation’s first-ever comprehensive federal AI regulation after Senate leaders just agreed to several key compromises to a proposal that would block states from receiving key federal funding if...more
7/1/2025
/ Artificial Intelligence ,
Bias ,
Child Safety ,
Constitutional Challenges ,
Copyright ,
Employment Discrimination ,
Federal Funding ,
Popular ,
Preemption ,
Proposed Legislation ,
State Legislatures ,
States Rights
Congress may be debating whether to slam the brakes on state-level AI laws for the next decade, but state lawmakers aren’t waiting around for the outcome. From active regulations to proposed bills, states are moving full...more
California just released the most comprehensive, forward-looking AI policy framework we've seen from any US jurisdiction to date – and it is expected to lay the groundwork for legislation and regulation we could see emerge in...more
A controversial federal effort to dissuade states from regulating artificial intelligence just cleared a major procedural hurdle, potentially reshaping the AI regulatory landscape for years to come. Senate leaders announced...more
New York could soon jump into the lead of the national AI regulation race. With broad bipartisan support, state lawmakers passed the groundbreaking Responsible AI Safety and Education Act (RAISE Act) on June 12, aimed...more
A new lawsuit just filed against an AI software provider offers a clear warning for any business using artificial intelligence to monitor or record customer service calls. On June 13, a California plaintiff filed a federal...more
6/19/2025
/ All-Party Consent ,
Artificial Intelligence ,
Audio Recording ,
CIPA ,
Class Action ,
Confidential Communications ,
Contract Terms ,
Corporate Counsel ,
Customer Service Calls ,
Data Privacy ,
Data Use Policies ,
Disclosure Requirements ,
Failure To Disclose ,
Invasion of Privacy ,
Natural Language Processing ,
Popular ,
Risk Management ,
State Privacy Laws ,
Third-Party Liability ,
Vendors ,
Wiretapping ,
Without Consent
In a significant decision for privacy class action litigation, a federal judge in California recently denied the certification of a proposed class action involving claims under the state’s invasion of privacy law. The May 29...more
6/11/2025
/ Article III ,
CIPA ,
Class Action ,
Class Certification ,
Class Representatives ,
Consent ,
Consumer Privacy Rights ,
Data Collection ,
Data Privacy ,
E-Commerce ,
Failure To Preserve ,
FRCP 23(a) ,
Invasion of Privacy ,
Privacy Laws ,
Retailers ,
Standing ,
Third-Party Liability ,
Web Tracking
In a significant enforcement move, California’s consumer privacy regulator just ordered a national clothing retailer to pay a $345,178 fine to resolve alleged violations of the state’s privacy law. The California Privacy...more
5/16/2025
/ California ,
California Consumer Privacy Act (CCPA) ,
California Privacy Protection Agency (CPPA) ,
Consent ,
Consumer Privacy Rights ,
Corporate Counsel ,
Corrective Action Plans (CAPs) ,
Data Collection ,
Data Privacy ,
Data Processors ,
Enforcement Actions ,
Internet Retailers ,
Opt-Outs ,
Personal Information ,
State Privacy Laws
Businesses just received some good news when a federal court dismissed a California Invasion of Privacy Act (CIPA) claim that aimed to expand the reach of the state’s wiretapping law to cover internet communications. The...more
4/23/2025
/ California ,
CIPA ,
Consumer Privacy Rights ,
Cookies ,
Data Collection ,
Data Privacy ,
Data-Sharing ,
Dismissals ,
Eavesdropping ,
Electronic Communications ,
Internet ,
Invasion of Privacy ,
Privacy Policy ,
Risk Mitigation ,
Summary Judgment ,
Third-Party ,
Website Owner Liability ,
Websites ,
Wiretapping
California regulators recently adopted regulations regarding automated-decision systems (ADS) in the workplace, aiming to protect against employment discrimination given the dramatic rise in artificial intelligence use in...more
A bill introduced in the California legislature this session aims to prevent employers from posting job notices for positions that don’t actually exist – a growing trend referred to as “ghost” job postings. If you’re not...more
4/2/2025
/ Business & Professions Code ,
California ,
Disclosure Requirements ,
Hiring & Firing ,
Human Resources Professionals ,
Job Ads ,
Job Applicants ,
Proposed Legislation ,
Recruitment Policies ,
State Labor Laws ,
Unfair Competition
A new California investigative sweep into the location data industry focuses on whether businesses have violated state law relating to the consumers’ right to limit how their personal information – including their geolocation...more
4/2/2025
/ California ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cookies ,
Data Collection ,
Data Privacy ,
Data Selling ,
Data-Sharing ,
Enforcement Actions ,
Geolocation ,
Location Data ,
Sensitive Personal Information ,
State Attorneys General
Oregon consumers submitted more than 100 privacy complaints to the state’s justice department within six months of the Oregon Consumer Privacy Act (OCPA) taking effect, and businesses subject to the new law need to take note....more
4/2/2025
/ Consumer Privacy Rights ,
Cure Periods ,
Data Collection ,
Data Controller ,
Data Privacy ,
Department of Justice (DOJ) ,
Enforcement Actions ,
New Legislation ,
Oregon ,
Personal Data ,
Privacy Policy ,
State Attorneys General ,
State Privacy Laws
A recent federal appeals court decision rejecting a business’s attempts at enforcing its online arbitration agreement offers lessons for businesses across the country on how to craft a valid agreement for your website. The...more
3/20/2025
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Automatic Renewals ,
Consumers Legal Remedies Act ,
Contract Terms ,
Online Contracts ,
Popular ,
Terms of Use ,
Unenforceable Contract Terms ,
Unfair Competition Law (UCL)
Another California lawmaker wants the state to be at the forefront of AI regulation, unveiling the “No Robo Bosses” Act and taking direct aim at the use of AI in the workplace. Senate Bill 7, released by Senator Jerry...more
Businesses operating in California that rely on location tracking – whether for fleet management, employee monitoring, logistics, or marketing – should pay close attention to a bill that would dramatically alter the legal...more
3/6/2025
/ California ,
Consent ,
Consumer Privacy Rights ,
Data Collection ,
Data Privacy ,
Data Retention ,
Data Use Policies ,
Data-Sharing ,
Employee Monitoring ,
Employee Tracking ,
GPS ,
IP Addresses ,
Location Data ,
Notice Requirements ,
Opt-In ,
Privacy Policy ,
State Privacy Laws ,
Websites
California employers should be paying close attention to a pending bill that would significantly restrict how employers use workplace surveillance tools. If enacted, AB 1331 would prohibit employers from using workplace...more
Two recent court decisions have provided businesses with long-awaited clarity on the reach of the California Invasion of Privacy Act (CIPA) – and could begin to redefine digital privacy litigation for the better. Two separate...more
2/11/2025
/ California ,
CIPA ,
Consumer Privacy Rights ,
Cookies ,
Corporate Counsel ,
Data Collection ,
Data Privacy ,
Invasion of Privacy ,
Popular ,
State Privacy Laws ,
Web Tracking ,
Website Owner Liability ,
Websites ,
Wiretapping
In a major development for all businesses handling health data, New York lawmakers passed a sweeping health data privacy bill Wednesday that could have far-ranging consequences across the country. S929, also known as the New...more
1/24/2025
/ Consent ,
Consumer Privacy Rights ,
Corporate Counsel ,
Data Collection ,
Data Deletion ,
Data Privacy ,
Data Processors ,
Data Protection ,
Electronic Protected Health Information (ePHI) ,
Health Care Providers ,
New York ,
PHI ,
Privacy Laws ,
Proposed Legislation ,
State Privacy Laws
AI is reshaping the workplace, and two of the nation’s most influential states – California and New York – are making sure businesses take accountability. California’s Attorney General issued sweeping advisories on Monday...more
1/20/2025
/ Artificial Intelligence ,
Automation Systems ,
Bias ,
California ,
Employer Liability Issues ,
Healthcare Workers ,
Hiring & Firing ,
Layoffs ,
New York ,
Privacy Laws ,
Regulatory Oversight ,
Reporting Requirements ,
State Attorneys General ,
State Labor Laws ,
Transparency