The ‘Long Arm’ of CIPA and Its Newfound Pen-Trap Claims
Addressing the litigation and regulatory risks regarding tracking technologies requires a balanced approach between legal exposure and business impact, through a close and continuing collaboration between legal, technology,...more
It has been amply documented how the California Plaintiffs’ Bar has exploited the California Invasion of Privacy Act (“CIPA”)–explicitly designed during the Cold War to address telephonic wiretapping and eavesdropping—to...more
Introduction - In 2025, privacy and AI regulation have moved from the sidelines to the center of business risk and strategy. U.S. states are rapidly enacting a patchwork of privacy laws, with new AI laws emerging and...more
As the Summer of Privacy fades into fall, California is—unsurprisingly—in the privacy news. The California Privacy Protection Agency (CPPA) succeeded in finalizing proposed regulations under the California Consumer Privacy...more
On August 11, 2025, the U.S. District Court for the Northern District of California denied a motion to dismiss a California Invasion of Privacy Act (CIPA) class action lawsuit filed against ConverseNow Technologies, Inc....more
Though recently stalled, California legislators have been taking steps over the past few months to address the surge of "pixel-tracking" lawsuits impacting businesses. ...more
Here are the top ten items you should tackle in September, based on the latest workplace law developments and upcoming critical compliance dates...more
The rapid adoption of AI notetaking and transcription tools has transformed how organizations (and individuals) capture, analyze, and share meeting and other content. But as these technologies expand, so too do the legal and...more
In this week’s Film Room, we provide updates regarding: court decisions on eligibility rule challenges, a data privacy lawsuit filed against SeatGeek...more
When we speak to clients about online privacy issues, they almost always mention the CCPA – California’s Consumer Privacy Act that regulates the collection and use of personal data. But unless they have already faced a...more
In the wake of an explosion in digital privacy litigation, courts and legislatures are redrawing some of the boundaries of what qualifies as unlawful data collection under decades-old statutes. Claims brought under...more
A recent California federal jury verdict against Meta Platforms Inc. has sent a clear message to businesses: tracking technologies can pose serious legal and reputational risks if not deployed responsibly. ...more
Join CDF's Privacy and AI Practice Group Partners, Dan Forman, Dalia Khatib and Linda Wang, on August 20, 2025 at 10:00 AM (Pacific) for a timely discussion on how emerging AI regulations and privacy laws are reshaping...more
Readers of this blog are well aware of the proliferation of lawsuits alleging that websites which utilize Meta Pixel tracking software violate the California Invasion of Privacy Act (“CIPA”). These lawsuits typically allege...more
On August 1, 2025, a California federal jury found that Meta violated the California Invasion of Privacy Act (CIPA) by collecting data from the Flo Health app without the consent of the individuals who downloaded the app and...more
Key point: The California legislature is currently considering several privacy-related bills that could impact the private sector....more
In late May, Judge James Donato of the U.S. District Court for the Northern District of California ruled on summary judgment motions filed by Meta and Flo Health Inc.—both defendants in the ongoing Frasco v. Flo Health, Inc....more
Website operators secured another win in the protracted battle over third-party website cookies last week when a California state court held that these common tech features were not “trap and trace” devices and therefore a...more
As an attorney focused on technology transactions and counseling, I approach new technologies with both curiosity and caution. Like many lawyers, I tend to be skeptical until I fully understand how something works....more
Although the California Invasion of Privacy Act (“CIPA”) lawsuit train shows no signs of slowing down, a California federal judge recently derailed a CIPA email tracking lawsuit when it dismissed claims mirroring those...more
Like a zombie apocalypse, hordes of California Invasion of Privacy Act (“CIPA”) claims have chased corporate defendants to court where they were held off for a time, until, clawing at the courthouse doors, CIPA claims broke...more
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
In an increasingly data-driven digital landscape, businesses are constantly seeking tools to better understand and optimize user experiences. One such tool is session replay—a powerful technology that allows organizations to...more
Welcome to the Summer of Privacy! As we hit the middle of 2025, California is once again the focus of our attention, as both its legislators and regulators are attempting to square privacy protections with developing...more
Introduction - The intersection of digital customer service tools and privacy law continues to generate high-stakes litigation, especially in California, where the California Invasion of Privacy Act (“CIPA”) has become a...more