Key Discovery Points: Don’t Get Caught with Your Hand in the Production Cookie Jar
How Startups Can Comply With Ever-Changing Privacy Laws
The Privacy Insider Podcast Episode 15: TAKE IT DOWN: Online Abuse and Harassment with Carrie Goldberg of C.A. Goldberg, PLLC
Facial Recognition and Legal Boundaries: The Clearview AI Case Study — Regulatory Oversight Podcast
State AGs Unite: New Privacy Task Force Signals Shift in Regulatory Power Dynamics — Regulatory Oversight Podcast
The Privacy Insider Podcast Episode 14: The Pig Around the Corner: Privacy and Trade with Constantine Karbaliotis of nNovation LLP
State AG Pulse | Massive Google Settlement Shows AGs Serious About Privacy
State AGs Unite: New Privacy Task Force Signals Shift in Regulatory Power Dynamics — The Consumer Finance Podcast
Business Better Podcast Episode: Bridging Campuses: Legal Insights on Education Industry Consolidation – Privacy and Data Security
A Blueprint for Efficient SRRs: Mastering Your Subject Rights Workflow
Weathering the 2025 Whirlwind: How to Keep Calm & Carry On
The Privacy Insider Podcast Episode 10: 2025 Privacy Predictions: Hold My Beer, 2024
2025 Privacy Law Preview: Be Prepared
The American Privacy Right Act (APRA) explained
Will the U.S. Have a GDPR? With Rachael Ormiston of Osano
[Webinar] Midyear Data Privacy Check-in: Trends & Key Updates
Decoding Privacy Laws: Insights for Small to Mid-Sized Businesses — Regulatory Oversight Podcast
Navigating State Privacy Laws
[Webinar] AI and Data Privacy: Minimizing Risk and Maximizing Opportunity
Embracing Data Privacy to Drive Business Growth: On Record PR
If your company uses a third-party tool to power your website chat function or AI-assisted customer service, the 9th Circuit Court of Appeals just delivered a ruling you should know about. On July 9, the court affirmed...more
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
In a significant win for Royal Caribbean Cruises, a federal judge dismissed a lawsuit that alleged the cruise line’s website violated a California privacy law by using a TikTok tracking tool. The case, Kishnani v. Royal...more
Topics that we often discuss on this blog are the use of third-party tracking tools and the California Invasion of Privacy Act (“CIPA”). Less discussed of late, however, is the California Consumer Privacy Act (“CCPA”) which,...more
Yahoo’s ConnectID is a cookieless identity solution that allows advertisers and publishers to personalize, measure, and perform ad campaigns by leveraging first-party data and 1-to-1 consumer relationships. ConnectID uses...more
Readers of this blog know about the never-ending barrage of consumer privacy litigation commenced against online companies in connection with their collection of consumer data. Several of these cases have recently been filed...more
While readers of this blog are familiar with the proliferation of California Invasion of Privacy Act (“CIPA”) wiretapping claims, our readers may be less familiar with CIPA-related GET Request claims. Below, we explain what...more
Generative AI continued to be a hot topic for privacy-related litigation in 2024. In the US, companies using and deploying this technology saw themselves subject to lawsuits under various state and federal theories of...more
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
The first class action complaint was filed under Washington’s My Health My Data Act (“MHMDA”) on February 10, 2025, more than a year after the law’s passage. When the law passed in April 2023, MHMDA was novel for its broad...more
Welcome to the twentieth installment in our monthly data privacy litigation report. We prepare these reports to provide updates on how courts in the United States have handled emerging data privacy trends. After our expansive...more
It is hard to believe that we are starting the 25th year of the 21st century. The rapid evolution that technology, privacy and data security have undergone these last 25 years is mindbending. Yet, as we enter 2025, it still...more
Claims involving the alleged collection and use of consumer data continued to drive trends in privacy class actions and mass arbitrations in 2024. Biometrics Litigation - The Illinois Biometric Information Privacy Act...more
Some businesses might be surprised to learn that digital wiretapping litigation claims are one of today’s fastest-growing compliance risks, with over 1,560 lawsuits filed in 28 states since a groundbreaking 2022 decision...more
Readers of this blog may recall a recent favorable decision handed down by Massachusetts State’s highest court in which it found that Massachusetts Wiretap Act claims (“MWA”) do not extend to consumer interactions with...more
Perhaps no use case better exemplifies the rapidly evolving privacy law landscape in the US than the legal framework surrounding companies’ use of cookies, pixels, and other web trackers. Gone are the days where marketing...more
Keypoint: Massachusetts’ highest court ruled the use of software that tracks users’ activity on its website does not violate the state’s Wiretap Act, which was intended to prevent the recording or interception of...more
Businesses that use website tracking software to monitor activity for marketing purposes must comply with a growing list of state laws – but does that include a nearly 60-year-old Massachusetts law requiring consent to record...more
Keypoint: California district courts continue to split over whether “knowledge” is required to plead liability under Section 631(a)’s fourth prong while two decisions show courts taking different approaches to VPPA claims at...more
Keypoint: Courts have started to issue Pixel-based wiretapping decisions, the Seventh Circuit weighs in on when a manufacturer can be forced to pay arbitration fees, and three courts showed different approaches to dismissing...more
A Pennsylvania federal court recently granted a retailer’s motion to dismiss claims that its use of “spy pixels” in its commercial e-mail constitutes illegal wiretapping. In Hartley v. Urban Outfitters, Inc., No....more
In 2023, we discussed the uptick in data privacy and cybersecurity class action lawsuits; as expected, this trend has persisted throughout 2024 as plaintiffs continue to test new theories of liability and the boundaries of...more
Keypoint: The Central District of California issued several wiretapping decisions in May while two decisions on the VPPA illustrate how claims fail or succeed at the pleading stage. Welcome to the fourteenth installment in...more
Keypoint: Courts resolved six motions to dismiss wiretapping claims based on session replay technology in January, while two VPPA decisions highlight balance struck by courts. A new privacy litigation theory based on “pen...more
US News - Utah Will Soon Publish US’s Latest Comprehensive State Privacy Law - The Utah Consumer Privacy Act, also known as Senate Bill 227, recently cleared the Senate and the House. Though there are a few more steps...more