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Data Privacy › Litigation Strategies › Consumer Privacy Rights

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

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

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

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

Klein Moynihan Turco LLP

Ninth Circuit Judge Questions Continued Viability of Internet Wiretapping Claims

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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

Baker Botts L.L.P.

Second Circuit Rules on Scope of VPPA Protection

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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

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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

Shook, Hardy & Bacon L.L.P.

A Blockbuster Week for the VPPA—New Releases from the Sixth and Seventh Circuits

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Much like Blockbuster Video rental stores (of which you might be surprised to learn there is still one remaining), the Video Privacy Protection Act (VPPA) was quietly slipping into obsolescence with the advent of the Internet...more

DLA Piper

Google Unable to Avoid Mass Opt-Out in Privacy Class Action

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Plaintiffs’ attorneys are continuing to aggressively pursue mass arbitrations in privacy litigation. The latest challenge came when Judge Beth Labson Freeman in the Northern District of California ruled last month that...more

Robinson+Cole Data Privacy + Security Insider

Trap and Trace Litigation: Why is this a Trend for Plaintiffs’ Attorneys?

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Beware of demand letters from plaintiffs’ attorneys for allegations of illegal use of pen registers, trap and trace pixels, and search bar pixels—why? This “trap and trace” litigation is a growing trend for plaintiffs’...more

Clark Hill PLC

[Webinar] Privacy Litigation & Mass Arbitration Demands: How to Mitigate Risks for your Business in 2024 - January 30th, 10:00 am...

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2023 saw a continued uptick in privacy litigation filings throughout the United States, with Plaintiffs counsel taking aim at cookies, session replay, video URLs, online “doxing” and the use of other online tracking...more

Akin Gump Strauss Hauer & Feld LLP

[Podcast] 2021 CCPA Litigation Report – Overview and Findings

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In this episode, Natasha Kohne and Michelle Reed, who head Akin Gump’s cybersecurity, privacy and data protection practice, and counsel Lauren York discuss the firm’s new CCPA Litigation Annual Report – 2021 Trends and...more

Farella Braun + Martel LLP

[Webinar] The CCPA and Nonprofits: Privacy and IP Hot Topics - October 22nd, 3:30 pm - 5:30 pm PT

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The California Consumer Privacy Act (“CCPA”) went into effect on January 1, 2020, and while the CCPA does not expressly require compliance by nonprofits, nonprofits should be aware of some obligations when it comes to data...more

Troutman Pepper Locke

How Courts Are Treating Cellphone Privacy in Discovery

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Cellphones are an essential part of our daily lives, and our frequent usage has produced large amounts of personal data. It is unavoidable that some of this data — be it email, text message or even GPS location data — may be...more

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