How to Rank in the Age of AI Search: On Record PR
The Privacy Insider Podcast Episode 11: Signal and Noise: The New Administration, Privacy, and Our Digital Rights with Cindy Cohn of Electronic Frontier Foundation
Empowering Children in the Online Era with Katie Schumacher
Clinton Gary of CREDO Consulting on Collaborative Growth: A Guide for CMOs and Managing Partners - Passle's CMO Series Podcast EP152
Ad Law Tool Kit Show – Episode 10 – Website Accessibility
ADA Website Accessibility: Insights and Updates — The Consumer Finance Podcast
Privacy Litigation Trends: Meta Pixels, Cookie Opt-Out, and Sale of Data
Data Revolution: How U.S. Privacy Laws Change the Way Data Should be Managed by Retail and Tech Industries
Web-based Tracking Technology and AI: HIPAA Compliance Issues for Health Care Practices
Mikkel Keller Stubkjær of Novicell UK on Composable Architecture and Why it Benefits Your Firm - Passle's CMO Series Podcast
There's still time to register for the CMO Series Webinar: Composable Architecture and Why it Benefits Your Firm
2023 DSIR Deeper Dive: Pixel & Other Website Technologies
The Briefing: Zillow Loses Second Round of Copyright Fight
Podcast Episode 187: Will AI Kill SEO?
CMO Series EP100 - Celebrating 100 episodes and exploring the future of professional services marketing
Podcast Episode 183: Initiating Change
Behind the Scenes of a Legal Rebrand with Erica Roman of Cole Schotz - Passle's CMO Series Podcast
Podcast Episode 180: Building & Leveraging Your Brand Through Social Media
Podcast Episode 177: How to Ignite or Recharge Your Business Development Efforts
AI: Impact and Use in the Financial Services Industry – Crossover Episode with Regulatory Oversight Podcast - The Consumer Finance Podcast
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
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
Readers of this blog are aware of the barrage of California Invasion of Privacy (“CIPA”) claims brought against online companies. Recently, an unfavorable decision from the Ninth Circuit Court of Appeals (“Ninth Circuit”)...more
In a recently published decision, the Second District Court of Appeal in Desolina Di Lauro v. City of Burbank, held that a plaintiff could not maintain a class action under the California Public Records Act (CPRA). The...more
In a significant development for companies targeted by (or vulnerable to) litigation over website data collection practices, the U.S. Court of Appeals for the Second Circuit affirmed the dismissal of a Video Privacy...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
Keypoint: In this post: (1) The Ninth Circuit holds essentially any website can be sued in California; (2) two courts limit pen registry claims; (3) courts split on whether privacy policies establish consent for wiretapping...more
A notable decision from the Ninth Circuit Court of Appeals has significant ramifications for companies defending against Telephone Consumer Protection Act (“TCPA”) claims. Below, we discuss the Court’s decision and its...more
On April 3, 2025, the Sixth Circuit Court of Appeals affirmed the dismissal of a plaintiff’s Video Privacy Protection Act (“VPPA”) lawsuit brought against Paramount Global (“Defendant”). In Salazar v. Paramount Global, Mr....more
In Briskin v. Shopify, Inc., No. 22-15815, 2025 U.S. App. LEXIS 9410 (9th Cir. Apr. 21, 2025), the United States Court of Appeals for the Ninth Circuit, sitting en banc, held that the Canada-based company Shopify, Inc....more
In Briskin v. Shopify, Inc., the Ninth Circuit Court of Appeals, sitting en banc, reversed a district court’s dismissal of a proposed data privacy class action for lack of personal jurisdiction. In applying traditional...more
Plaintiffs filed 2,452 website accessibility lawsuits in federal court in 2024 – a 13% decrease from 2023....more
Elliot McGucken v. Valnet, Inc., No. 24-1040 (U.S. filed Mar. 28, 2025) - Introduction - In the Magician’s Nephew, C.S. Lewis wrote that “[w]hat you see… depends a good deal on where you are standing….,” but is the...more
The question of who qualifies as a “consumer” under the Video Privacy Protection Act (VPPA) is no longer academic. In late March and early April 2025, two federal appellate courts issued starkly conflicting rulings in Gardner...more
Are web-only businesses subject to Title III? A Minnesota federal court joins the controversy and says yes....more
In June 2022, the United States Court of Appeals for the Second Circuit decided the matter of Calcano v. Swarvoski North America Ltd. In Calcano, Plaintiffs, who are visually impaired, filed an Americans with Disabilities Act...more
The Second Circuit’s decision in Salazar v. NBA, No. 23-1147 (2d Cir. Oct. 15, 2024) creates significant risk for companies that offer videos for viewing on their websites and significantly expands potential liability under...more
The Supreme Court’s Technology Department has done it again. Quietly adding even more features to the appellate courts’ electronic filings site, www.ncappellatecourts.org. The filing site has long allowed attorneys and the...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
On August 29, 2024, the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) withdrew its appeal of the US District Court for the Northern District of Texas’s June 20, 2024, decision in American...more
On August 19, 2024, the US Department of Health and Human Services Office for Civil Rights (OCR) filed a notice of appeal of the US District Court for the Northern District of Texas’s June 20, 2024, decision in American...more
In a wide-ranging opinion, the US Court of Appeals for the Federal Circuit affirmed the district court’s grant of summary judgment of invalidity for lack of patent eligible subject matter under 35 U.S.C. § 101 with respect to...more
On March 27, 2023, the Supreme Court granted a petition for a writ of certiorari by Acheson Hotels in Acheson Hotels, LLC v. Deborah Laufer, Case No. 21-1410. In its petition to appeal from an earlier First Circuit decision...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
Class actions have long been difficult to certify in fraud cases. But a recent district court decision in California takes a new approach that would make class certification in fraud cases the norm. That decision is now on...more