No Password Required: Director and Cybersecurity Adviser at KPMG and Rain Culture Authority
No Password Required: Founder and Commissioner of the US Cyber Games, CEO of the Cyber Marketing Firm Katzcy, and Someone Who Values Perseverance Over Perfection
Biometric Litigation
Founder of Cyber Security Unity, Member of the Order of the British Empire, and Appreciator of '80s Soap Operas
Illinois Supreme Court Clarifies BIPA Violation Accruals, Opening the Door for “Annihilative” Damage
No Password Required: The Custom T-Shirt-Wearing CEO Who Not Only Appreciates Mega Man ... He Basically Is One
Hybrid Workforces and Compliance with Sheila Limmroth
Legislating Data Privacy Series: A Conversation with Massachusetts Representatives Dave Rogers and Andy Vargas
State Law Privacy Video Series | Privacy and Sensitive Information
Podcast: BIPA Trends in 2022
State Law Privacy Video Series | Applicability
Getting Personal—Wearable Devices, Data, and Compliance
Episode 8: Why brokers, not breaches, are America's greatest privacy threat (with Rob Shavell)
NGE On Demand: Personal Data Protection Travels: The New Standard Contractual Clause with John Koenigsknecht and David Wheeler
Inside Privacy Law: The Regulation of Personal Data
NGE On Demand: Cybersecurity Considerations for Emerging Companies with Michael Gray and David Wheeler
Oklahoma: Changing Data Privacy as We Know It?
The Convergence of AI and Data Privacy in eDiscovery: Using AI and Analytics to Identify Personal Information
Reducing Cybersecurity Burdens with a Customized Data Breach Workflow
Sitting with the C-Suite: Looking Ahead to Potential Compliance Issues Due to COVID-19
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
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
Over the past several years, class action litigants have flooded federal dockets with Video Privacy Protection Act (VPPA) cases against companies that embed Facebook’s Pixel tool on their websites. The plaintiffs have...more
The Second Circuit Court of Appeals upheld the dismissal of a proposed class action against Flipps Media (now Triller TV), ruling that the company did not violate the federal Video Privacy Protection Act (VPPA) by sharing...more
Courts across the country are becoming skeptical of data breach and web tracking claims that assert theoretical privacy violations without alleging any actual injury to the plaintiffs. Recent decisions underscore that courts...more
The Video Privacy Protection Act (“VPPA”), a federal statute enacted in 1988, is gaining new relevance in recent years as plaintiffs bring lawsuits with the goal of enforcing online privacy rights. 2024 saw a continuation of...more
Over the past decade, businesses and institutions with public-facing websites have increasingly turned to internet tracking technologies, such as cookies, pixels, and session replay tools, to optimize their websites and offer...more
Businesses continue to be subjected to a steady stream of consumer class action lawsuits alleging improper collection or disclosure of information from their websites. A variety of laws and legal claims are used to support...more
Anyone following trends in consumer class action litigation will know that consumer privacy was a primary focus of the plaintiff’s bar in 2023. And there are no signs this uptick in consumer privacy claims is slowing any time...more
In recent months, organizations have been dealing with an emerging wave of lawsuits from an unexpected source: the VPPA. The Video Privacy Protection Act (“VPPA”), originally intended to prevent “wrongful disclosures” of...more
Personal information from federal lawmakers and congressional staff members was available on the dark web following a breach of DC Health Link, the health insurance marketplace for Washington, D.C. In an internal memo sent to...more
The proliferation of privacy-related law suits filed against a wide range of companies related to website tracking/analytics will continue in 2023, joining robocall and biometric privacy disputes. Join Kelley Drye Privacy...more
The case of Popa v. Harriet Carter Gifts, Inc. “began with a quest for pet stairs.” Plaintiff Ashley Popa searched Harriet Carter Gifts’ website, added pet stairs to her cart, but never completed the purchase. During her...more
In the last two years, businesses have been catapulted into a dizzying new world, with privacy expectations and requirements that were unheard of just two years ago. ...more
The California Consumer Privacy Act (CCPA), which we discussed last year, goes into effect on January 1, 2020. Its record-keeping requirements become effective on July 1, 2019. If your small- or medium-size business is based...more
The CFPB, together with the DOJ, has filed a second amicus brief in Spokeo, Inc. v. Robins, the case pending before the U.S. Supreme Court in which the issue is whether a plaintiff who cannot show any actual harm from a...more
The Ashley Madison saga has captured the attention of the public and legal profession like few prior data security breaches. The reasons are obvious: A website devoted to promoting infidelity is called out for “fraud, deceit,...more
Internet commenters and legal analysts alike are buzzing about the Ashley Madison hack. The website -- which billed itself as a networking site for anyone who wanted to discretely arrange an extramarital affair -- has already...more
The United States District Court for the District of Columbia recently dismissed a putative class action alleging that AARP violated its website privacy policy by allowing Facebook and Adobe to collect personal information...more