We get Privacy for work — Episode 7: What Is a WISP and Why Your Organization Must Have One
How Startups Can Comply With Ever-Changing Privacy Laws
Getting Bang for Your Buck: Spend Your 2025 Privacy Budget Wisely
No Password Required: Director and Cybersecurity Adviser at KPMG and Rain Culture Authority
Navigating the Regulation Jungle: How to Be Compliant, Work Efficiently, and Stay Sane
The ‘Long Arm’ of CIPA and Its Newfound Pen-Trap Claims
Privacy Litigation Trends: Meta Pixels, Cookie Opt-Out, and Sale of Data
Fashion Counsel: Privacy in the Retail Fashion Industry
Healthcare Privacy Walkthroughs
CF on Cyber: An Update on the Florida Security of Communications Act (FSCA)
NGE On Demand: Privacy Considerations for Remote Work Productivity Monitoring with David Wheeler
I Wish I Knew What I Know Now: Conversations with AGG on FDA Issues - Data Privacy Issues Life Sciences Companies May Encounter
Education Data Privacy and Security Laws: Best Practices for School Districts
Compliance Perspectives: Permissible Disclosures under HIPAA, Especially in the Time of COVID-19
E14: The Three Pillars of GDPR
E13: GDPR Wedding Day & Beyond
BakerHostetler Partner Alan Friel Talks Big Data and Data Collection
IP|Trend: It’s Time to Get to Know the Federal Trade Commission
IP|Trend: Keeping Your Start-Up Compliant
Yul Kwon, Head of @Facebook's Privacy Program & CBS 'Survivor' Winner, Opens Up On @HsuUntied
Regulators and courts are expanding enforcement against digital health apps and online platforms that share sensitive health data without true consent, though these companies fall outside the scope of the Health Insurance...more
On July 30, 2025, a wine producer was sued in connection with a cyberattack that allegedly compromised the data of at least 26,000 customers. Among other things, the complaint alleges that the company failed to implement...more
A recent high-profile breach at a women-focused dating app underscores how quickly a privacy misstep can escalate into lawsuits and reputational harm. The incident offers a cautionary tale for any company handling sensitive...more
Although the California Invasion of Privacy Act (“CIPA”) lawsuit train shows no signs of slowing down, a California federal judge recently derailed a CIPA email tracking lawsuit when it dismissed claims mirroring those...more
A California bill aimed at curbing the explosion of lawsuits filed against businesses using common website tools like cookies, pixels, and session replay software has stalled out in the 2025 legislative session, meaning your...more
In the recent high-profile civil class action, Frasco v. Flo Health, a California federal court issued a significant ruling partially certifying a nationwide class and California subclass of individuals who used the Flo...more
Keypoint: In this post: (1) Standing may depend on how specific plaintiffs’ complaint is; (2) the 2d Circuit adopts the 3rd and 9th Circuit’s narrower interpretation of PII under the VPPA; (3) Promises in privacy policies not...more
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
A recent decision from the Northern District of California may signal an important shift in the trend of how courts interpret “consent” under the Video Privacy Protection Act (VPPA). In Lakes v. Ubisoft, Inc., No....more
Online retailer Harriet Carter Gifts recently obtained summary judgment from the district court in a class action under Pennsylvania wiretap law. At the heart of this case is the interpretation and application of the...more
Businesses need to remain vigilant regarding recent developments in consumer-based data privacy class actions. In recent weeks, the plaintiff class action bar has filed several lawsuits against The Trade Desk Inc. related to...more
Video game developer Ubisoft, Inc. came out on top earlier this month in the Northern District of California when a judge dismissed, with prejudice, a class action claiming that the company’s use of third-party website pixels...more
In late March, an online retailer successfully asserted consent as a complete defense to a putative Pennsylvania Wiretapping and Electronic Surveillance Control Act of 1978 (WESCA) class action lawsuit, resulting in the...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
Keypoint: In this post: (1) How a privacy policy can defeat a plaintiff’s “delayed discovery” argument; (2) Two CA state courts reject plaintiffs’ allegations concerning personal jurisdiction; (3) Three courts dismiss PR/TT...more
On February 10, 2025, the first class action complaint was filed pursuant to Washington’s MY Health MY Data Act (“MHMDA”), Wash. Rev. Code Ann. § 19.373.005 et seq. See Maxwell v. Amazon.com, Inc. et al., Case No. 2:25-cv-261...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
Car manufacturer General Motors (GM) is the subject of litigation in Georgia by two New Jersey Chevy Bolt drivers who allege that GM collected data about their driving habits and behavior and disclosed it to third parties,...more
Pixels, a piece of tracking software businesses use to assess the success of their advertising campaigns, are creating headaches for in-house counsel as decades-old laws are being revived by litigants. Unlike cookies, pixels...more
The Authors previously published the below client alert on June 8, 2023, analyzing privacy litigation under the California Invasion of Privacy Act (CIPA) and other wiretap statutes in Pennsylvania and Maryland. We provide...more
In October 2022, Advocate Aurora Health notified 3 million individuals of a data breach resulting from its use of tracking pixels on its website for tracking website visitor activity. Now, this month, Advocate Aurora Health...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
Website session replay technology continues to fuel class action litigation alleging violations of anti-wiretap laws in all-party consent states. In 2021, we issued an alert highlighting that session replay lawsuits were...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
The second half of 2022 saw a wave of class action litigation under state wiretapping laws against website operators that use widely deployed online technologies, such as chatboxes and session replay software....more