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Data Privacy Litigation Strategies

Morgan Lewis

Key Themes and Actionable Insights from Recent eDiscovery Litigation – Q2 2025

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Recent developments in eDiscovery case law highlight significant trends, including the challenges of discovery protocols in artificial intelligence and antitrust litigation, evolving court approaches to attorney conduct and...more

Jackson Lewis P.C.

We get Privacy for work — Episode 8: The Surge in Data Breach Lawsuits: Trends and Tactics

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Class action lawsuits in response to data breaches have skyrocketed as plaintiffs look to take advantage of courts’ perceived leniency regarding standing. ...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: July 2025 Decisions

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In this post: (1) California courts split on personal jurisdiction post-Briskin; (2) District courts dismiss VPPA claims against movie theaters & online platforms; (3) ND Cal courts find “crime-tort” exception met in...more

Hogan Lovells

The Next Battlefront: the CCPA and evolution of website pixel litigation

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A trio of federal court decisions has emboldened the plaintiffs' bar with a new potential tool to wield in the ongoing wave of litigation targeting businesses for their use of routine website technologies: the California...more

Klein Moynihan Turco LLP

Daniel’s Law Lawsuits – Constitutionality Update

Our readers may recall our prior pieces in which we discussed a New Jersey State privacy law, colloquially known as Daniel’s Law. As our readers know, many of the defendants in these Daniel’s Law lawsuits challenged the...more

Mayer Brown

Hong Kong Privacy Commissioner for Personal Data Updated the Leaflet on Legal Assistance for Civil Claims under the Personal Data...

Mayer Brown on

The Office of the Privacy Commissioner for Personal Data (“PCPD”) released an updated version of the Information Leaflet on Legal Assistance for Civil Claims under the Personal Data (Privacy) Ordinance (“PDPO”) (the “2025...more

Morgan Lewis

Second Circuit 'Shuts the Door' on Meta Pixel VPPA Claims

Morgan Lewis on

The US Court of Appeals for the Second Circuit has repeatedly affirmed dismissals of putative class actions brought under the Video Privacy Protection Act (VPPA) based on the use of third-party tracking technologies. The...more

Hogan Lovells

District court pushes class certification over the Brink(er)

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On remand, the District Court held that individual questions predominated regarding whether individuals incurred reasonable expenses or spent time in mitigation of fraudulent charges or data posting, and denied class...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: June 2025 Decisions

Husch Blackwell LLP on

In this post: (1) Website tracking litigation risk remains as SB 690 is designated “two-year bill”; (2) Second Circuit reinforces narrower interpretation of PII to “shut the door for Pixel-based VPPA claims”; (3) Courts...more

Blank Rome LLP

Ninth Circuit Upholds Converse’s Win in CIPA Chat Case: What the Gutierrez v. Converse Decision Means for Online Businesses

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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

Redgrave LLP

Don’t Rush Past Relevance: Assessing the Discoverability of AI Prompts and Outputs

Redgrave LLP on

Much of the buzz about artificial intelligence (AI) in law has focused on its utility as a discovery tool rather than a potential source of discovery. While AI’s impact on discovery processes, such as reviewing and coding...more

Klein Moynihan Turco LLP

Ninth Circuit Judge Questions Continued Viability of Internet Wiretapping Claims

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

Snell & Wilmer

Northern District of California Underscores Futility of Certain CIPA “Trap and Trace” Class Actions

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The Northern District of California recently dismissed, with prejudice, a purported class action against Royal Caribbean Cruises Ltd. (Royal Caribbean), alleging a violation of the California Invasion of Privacy Act (CIPA)...more

Troutman Pepper Locke

New Wave of Privacy Litigation: Plaintiffs Press Untested Theories Under 2005 Colorado Prevention of Telemarketing Fraud Act

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In what appears to be an emerging privacy litigation trend, plaintiffs’ attorneys have recently filed a series of putative class action lawsuits targeting data companies in possession of cellular telephone numbers. The...more

Klein Moynihan Turco LLP

Recent Daniel’s Law Lawsuit

Readers of this blog are not strangers to Daniel’s Law lawsuits filed by Atlas Data Privacy Corporation (“Atlas”). While waiting for the Third Circuit Court of Appeals to decide whether Daniel’s Law is constitutional, a New...more

Kilpatrick

Court Rejects Class Certification in Pixel Tracking Suit Against AddShoppers and Peet’s Coffee

Kilpatrick on

In a significant win for the defense, a California federal judge denied class certification in a California Invasion of Privacy Act (CIPA) suit alleging that AddShoppers and Peet’s Coffee unlawfully tracked website visitors...more

Nextpoint, Inc.

Key Discovery Points: Don’t Get Caught with Your Hand in the Production Cookie Jar

Nextpoint, Inc. on

In this Key Discovery Points video, Brett Burney of Nextpoint and Doug Austin of eDiscovery Today unpack a court’s bold move in the Meta Pixel healthcare case – ordering the production of third-party cookie data tied to...more

Kilpatrick

California federal court bemoans choice of unfit plaintiffs in denial of class certification motion

Kilpatrick on

When a court begins its order denying class certification by lamenting the “failure to properly vet named plaintiffs” and “seeming unwillingness to promptly address issues that arise during litigation with named plaintiffs”...more

Baker Botts L.L.P.

Healthcare Data Case Against Google May Proceed - Rules U.S. District Court

Baker Botts L.L.P. on

On June 6, 2025, the United States District Court for the Northern District of California dismissed a number of claims being brought against Google related to its alleged improper collection of health-related data though...more

Sheppard Mullin Richter & Hampton LLP

Beyond Copyright: Reddit’s Lawsuit Against Anthropic

On June 4, 2025, Reddit, Inc. (“Reddit”) filed suit against Anthropic, PBC (“Anthropic”) in the Superior Court of California, alleging that Anthropic scraped and commercially exploited Reddit user data—including deleted...more

DarrowEverett LLP

Before You Hit ‘Record’: Legal Risks In Using AI Notetaking Tools

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You may have asked a team member or associate to jot down notes during a Zoom call, only to find that they struggled to capture every key point while also actively participating in the discussion. Or perhaps you aimed to...more

Fenwick & West LLP

What We’re Watching Ahead of BIO 2025: Trends Shaping the Future of Biotech

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As we head into BIO 2025 in Boston, our teams are closely watching trends in biotech and how those affect financings, business development, IP protection, risk, and litigation strategy. Here are eight key trends we’re...more

Association of Certified E-Discovery...

Tips for Paralegals and Litigation Support Professionals – May 2025

An iPhone Knows Your Significant Locations - Keep in mind that iPhones use a particular method to track the smartphone’s location known as ‘significant locations’. ...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

Jackson Lewis P.C.

Litigation Trend Alert: Breach of Contract and Warranty Claims Based on Privacy Policies

Jackson Lewis P.C. on

A recent series of articles by the International Association of Privacy Professionals discusses a trend in privacy litigation focused on breach of contract and breach of warranty claims. Practical Takeaways- • Courts are...more

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