The ‘Long Arm’ of CIPA and Its Newfound Pen-Trap Claims
Podcast: The Briefing by the IP Law Blog - Jerry West Thinks His Portrayal in HBO’s “Winning Time” is a Loser
The Briefing by the IP Law Blog: Jerry West Thinks His Portrayal in HBO’s “Winning Time” is a Loser
BakerHostetler Partner Paul Karlsgodt Discusses Privacy Class Actions
It has been amply documented how the California Plaintiffs’ Bar has exploited the California Invasion of Privacy Act (“CIPA”)–explicitly designed during the Cold War to address telephonic wiretapping and eavesdropping—to...more
I grew up in a different time. When I was 18 we didn't have computers (for the most part) or online dating sites such as eHarmony, Bumble, Match, Dating.com, and the whole slew of other niche dating sites....more
In December 2024, Jonathan Gabrielli filed several claims alleging that Motorola Mobility LLC (Motorola) misrepresented its data usage policy and shared his personal data with third parties, including Google, Amazon, and...more
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
Businesses just received some good news when a federal court dismissed a California Invasion of Privacy Act (CIPA) claim that aimed to expand the reach of the state’s wiretapping law to cover internet communications. The...more
In a big win for businesses, a California federal court just held that a “tester” plaintiff – someone who visits websites for purposes of initiating litigation – cannot bring a claim under the California Invasion of Privacy...more
If you are “tester” who actively seeks out privacy violations and files lawsuits to ensure legal compliance (as many class action lawsuit plaintiffs are), you do NOT have Article III standing to sue, according to a recent...more
Two recent court decisions have provided businesses with long-awaited clarity on the reach of the California Invasion of Privacy Act (CIPA) – and could begin to redefine digital privacy litigation for the better. Two separate...more
In what appears to be a first-of-its-kind decision, a California federal court just granted class certification in a wiretapping claim brought against a website operator that used third-party technology to track users’...more
Readers of this blog are aware of the never-ending stream of lawsuits alleging that the use of third-party tracking technology to collect consumer data on company websites is tantamount to illegal wiretapping in violation of...more
Massachusetts’ highest court recently issued an opinion that delves into the complex intersection of privacy law and modern technology. The case centers around whether the collection and transmission of users’ web browsing...more
In a highly anticipated decision on an issue facing courts across the country, the Massachusetts Supreme Judicial Court held in late October that Massachusetts hospitals’ use of online tracking technologies that collect and...more
Companies commonly use tracking technologies – such as Meta’s “Pixel” software or “Google Analytics” – on their websites for various reasons. In numerous class actions across the country, plaintiffs have claimed that the use...more
The California Invasion of Privacy Act (“CIPA”) and the Massachusetts Wiretap Act (“MWA”) are state statutes which prohibit the unlawful recording of communications. As our readers can guess, CIPA and MWA originally were...more
October has offered valuable insights for companies managing privacy obligations related to user tracking, with courts issuing opinions on various wiretap laws and the Video Privacy Protection Act (VPPA) in the context of...more
In a significant decision for website operators, the Massachusetts Supreme Judicial Court clarified that tracking users’ web activity does not constitute illegal wiretapping under the state’s Wiretap Act. The court found that...more
Over the past year, lawsuits under the California Invasion of Privacy Act (“CIPA”) have gained significant momentum, and there’s no sign of them slowing down. Both state and federal courts in California are seeing a rise in...more
The surge in consumer privacy claims alleging that the use of third-party tracking technology on websites violates the California Invasion of Privacy Act (“CIPA”) is a topic with which our readers are very familiar. Now, the...more
Those tracking CIPA litigation are familiar with the recent decision holding in favor of a company whose site had an online chat operated by a vendor. The court in that case held (1) that the company had not violated the...more
Website owners often struggle to design privacy policies that are not only comprehensive, but also comprehensible. The tension between these competing concerns was in sharp focus in a recent Ninth Circuit decision, Calhoun v....more
Frequent readers of this blog are aware of the surge in lawsuits alleging that companies illegally wiretap consumers when they utilize software which tracks consumers’ interactions on their websites. The majority of these...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
Organizations across the spectrum rely heavily on website tracking technologies to understand user behavior, enhance customer experience, and drive growth. The convenience and insights these technologies offer come with a...more
Like many organizations, Peloton is facing a legal challenge under the California Invasion of Privacy Act (CIPA) relating to the company’s alleged use of third-party technology on its website to intercept chat communications...more
Data privacy-related lawsuits have skyrocketed in recent years. Federal courts saw over 900 data privacy dockets in 2020 – but witnessed a surge to 1,767 dockets in 2023. At the halfway point in 2024, federal court data...more