The ‘Long Arm’ of CIPA and Its Newfound Pen-Trap Claims
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
Readers of this blog may recall a piece in which we discussed an unfavorable Ninth Circuit California Invasion of Privacy Act (“CIPA”) internet wiretapping decision. Interestingly, the Ninth Circuit recently weighed in again...more
The Ninth Circuit heard oral arguments on June 10, 2025, in three closely watched appeals—Gutierrez v. Converse Inc., Mikulsky v. Bloomingdale’s, LLC, and Thomas v. Papa John’s International, Inc.—that could shape the future...more
A national leader in privacy law, California was among the first states to include an express right to privacy in its constitution, create a data breach notification law, and codify robust consumer data protections. ...more
On June 3, 2025, the California Senate passed Senate Bill 690 ("SB 690") in a unanimous 35-0 vote, advancing a measure that would significantly limit lawsuits under the California Invasion of Privacy Act ("CIPA") against...more
On June 3, 2025, the California Senate unanimously passed Senate Bill 690 (SB 690), a bill that seeks to add a “commercial business purposes” exception to the California Invasion of Privacy Act (CIPA)....more
California Senate Bill 690 (SB 690), introduced by Senator Anna Caballero, is continuing to proceed through the California state legislative process. The proposed bill would amend the California Invasion of Privacy Act (CIPA)...more
There is never a boring moment in California privacy law, and these past weeks have been no exception. From major modifications to proposed California Consumer Protection Act (CCPA) rulemaking on automated decision-making...more
Businesses need to remain vigilant regarding recent developments in consumer-based data privacy class actions. In recent weeks, the plaintiff class action bar has filed several lawsuits against The Trade Desk Inc. related to...more
In 2024, plaintiffs across the United States filed various class action cases related to web tracking technology employed by companies to enhance user experience on their websites and to improve the efficacy of their...more
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
If you are looking for a high-level summary of California laws regulating artificial intelligence (AI), check out the two legal advisories issued by California Attorney General Rob Bonta. The first advisory is directed at...more
If your business operates online and uses common marketing tools, your business is at risk of being targeted for lawsuits under pre-internet wiretapping and video rental privacy laws. It is critical to address and mitigate...more
Companies should brace for another surge in California Invasion of Privacy Act (CIPA) claims after two federal court decisions may encourage plaintiffs to file even more claims relating to website analytics tools. No industry...more
FTC Publishes Advance Notice of Proposed Rulemaking on Commercial Surveillance and Data Security - Concerned that companies use secret surveillance practices to collect “vast troves” of consumer information, the Federal...more