The ‘Long Arm’ of CIPA and Its Newfound Pen-Trap Claims
The U.S. Court of Appeals for the Ninth Circuit has issued a pivotal ruling that is likely to reshape privacy litigation for e-commerce platforms. In Briskin v. Shopify, Inc., the Court held that Shopify, despite being...more
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
Plaintiffs are persistently crafting creative legal theories to target tracking technologies. One new approach is to characterize tracking technologies as “pen registers” or “trap and trace devices” used in violation of...more