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Data Privacy › Appellate Courts › Class Action

Morrison & Foerster LLP

Recent Developments in VPPA Litigation: Where We Were, Where We Are, and Where We’re Going

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VHS rental stores may be long gone, but the Video Privacy Protection Act (VPPA)—a law born in that era—remains surprisingly relevant. Today, courts across the country are wrestling with how the VPPA applies to modern digital...more

Baker Botts L.L.P.

Second Circuit Rules on Scope of VPPA Protection

Baker Botts L.L.P. on

On May 1, 2025, the United States Court of Appeals for the Second Circuit issued its decision in Solomon v. Flipps Media, Inc., affirming the dismissal of a putative class action alleging violations of the Video Privacy...more

Bennett Jones LLP

Legal Uncertainty for Database Defendants? Appeal Courts Assess Privacy Causes of Action With Varying Outcomes

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The past year has introduced some uncertainty for institutional defendants facing privacy breach class actions in Canada. While Ontario’s Court of Appeal has been consistent in its approach to class actions against “database...more

Robinson+Cole Class Actions Insider

Data Breach Class Action Settlement Approval Affirmed by Ninth Circuit with Attorneys’ Fee Award Reversed and Remanded

Robinson+Cole Class Actions Insider on

Some data breach class actions settle quickly, with one of two settlement structures: (1) a “claims made” structure, in which the total amount paid to class members who submit valid claims is not capped, and attorneys’ fees...more

Orrick, Herrington & Sutcliffe LLP

4th Circuit remands privacy suit to state court

Orrick, Herrington & Sutcliffe LLP on

On February 21, the U.S. Court of Appeals for the Fourth Circuit held that a proposed class action over website login procedures belongs in state court. Plaintiff alleged that after a nonparty credit reporting agency...more

Orrick, Herrington & Sutcliffe LLP

Illinois Supreme Court says BIPA claims accrue with every transmission

Orrick, Herrington & Sutcliffe LLP on

On February 17, the Illinois Supreme Court issued a split decision holding that under the state’s Biometric Information Privacy Act (BIPA), claims accrue “with every scan or transmission of biometric identifiers or biometric...more

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