News & Analysis as of August 18, 2025

Corporate Counsel

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A repository for the most well-read content on JD Supra at any given time, along with occasional roundups of popular content by specific topic. Also stop by for monthly recaps of hot articles for the previous... more +

New Class Certification Decision in App-Tracking Case Provides Critical Guidance for Businesses Facing Privacy Claims

Fisher Phillips on 5/30/2025

A California federal court just certified a significant class action involving allegations that a health-tracking app improperly shared sensitive health information with third parties without user consent. The court’s May 22...more

Courts Reject Theoretical Privacy Violations Due to Lack of Standing

Faegre Drinker Biddle & Reath LLP on 4/22/2025

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

Tide May Be Turning in Businesses’ Favor After Key California Court Decisions in Website Tracking Cases

Fisher Phillips on 2/11/2025

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

Litigation Grows Around Website Technologies, With Focus on Sensitive Data

Wiley Rein LLP on 7/10/2024

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

Monetizing Your Digital Fingerprint: Ninth Circuit Revives Privacy Lawsuit Against Facebook Over User Tracking

Clark Hill PLC on 4/13/2020

A case pending against Facebook in California is heading back to the Federal District Court for further litigation on the merits. On April 9, 2020, the Ninth Circuit Court of Appeal ruled on plaintiffs’ claims against...more

Google Provides Restricted Data Processing Setting to Comply with CCPA

ArentFox Schiff on 12/30/2019

This plan does not take responsibility away from businesses, but provides a way for companies to ensure they are not “selling” data to Google. The definition of “selling” under the CCPA is quite broad and would entail...more

Litigation Alert: Eleventh Circuit Expands Standing to Bring Video Privacy Protection Act Actions But Also Limits Their Scope

Fenwick & West LLP on 5/3/2017

Last week, the U.S. Court of Appeals for the Eleventh Circuit held that allegations that personally identifiable information was disclosed without consent in violation of the Video Privacy Protection Act were sufficient to...more

Vizio and Google Data Privacy Class Actions Illustrate Risks of Data Collection – And Defensive Value of Robust Disclosures

McGuireWoods LLP on 12/1/2015

Two recent developments in data privacy litigation highlight the continuing challenges to companies that collect internet usage information without clearly disclosing the manner and method in which they are doing so to users....more

FTC Takes Action Against Retail Tracking Start-Up Nomi Technologies

Mintz on 4/30/2015

On Thursday, April 23, the FTC settled deception charges against start-up Nomi Technologies, Inc. related to Nomi’s in-store, sensor-based, tracking technology.1 This is the first FTC enforcement action against emerging...more

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