Keypoint: A new Virginia law prohibits the collection, use, or sharing of reproductive or sexual health information without consent and provides Virginians with a private right of action for at least $500 per violation.
As...more
Keypoint: In this post: (1) California considers a “commercial exception” to wiretapping and pen registry laws; (2) a rise in federal wiretapping claims against websites; (3) more courts impose “knowledge or intent”...more
4/15/2025
/ California ,
CIPA ,
Class Action ,
Corporate Counsel ,
Data Privacy ,
ECPA ,
New Legislation ,
Popular ,
Privacy Laws ,
VPPA ,
Wiretapping
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
3/11/2025
/ California ,
CIPA ,
Class Action ,
Consumer Privacy Rights ,
Corporate Counsel ,
Data Privacy ,
Discovery ,
Personal Information ,
Personal Jurisdiction ,
Privacy Laws ,
Privacy Policy ,
Social Media ,
State Privacy Laws ,
Web Tracking
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
2/18/2025
/ California ,
California Consumer Privacy Act (CCPA) ,
CIPA ,
Class Action ,
Consent ,
Consumer Privacy Rights ,
Corporate Counsel ,
Data Collection ,
Data Privacy ,
Popular ,
Privacy Concerns ,
Privacy Laws ,
Third-Party ,
VPPA ,
Websites ,
Wiretapping
Albert Einstein is credited with saying “the measure of intelligence is the ability to change.” In September 2023, Judge Stephanos Bibas—sitting by designation in the District of Delaware—denied plaintiff Thomson Reuters’...more
2/14/2025
/ Artificial Intelligence ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Fair Use ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
IP License ,
Legal Technology ,
Machine Learning ,
Software ,
Summary Judgment ,
Technology Sector
On February 10, 2025, a class action lawsuit was filed against an online retailer under the Washington My Health My Data (MHMD) Act’s private right of action. The complaint also alleges violations of federal wiretapping and...more
2/12/2025
/ Class Action ,
Consent ,
Consumer Privacy Rights ,
Consumer Protection Laws ,
Data Collection ,
Data Privacy ,
Data Protection ,
Personal Data ,
Privacy Laws ,
Privacy Torts ,
State Privacy Laws ,
Unfair or Deceptive Trade Practices ,
Washington
Welcome to the nineteenth 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. We are covering...more
1/7/2025
/ Arbitration ,
Article III ,
CIPA ,
Data Privacy ,
Facebook ,
Google ,
IP Addresses ,
Personal Jurisdiction ,
Privacy Legislation ,
Privacy Policy ,
Social Media ,
Summary Judgment ,
Targeted Digital Advertising ,
Terms of Use ,
Third-Party Service Provider ,
URLs ,
VPPA ,
Websites ,
Wiretapping
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
Intensifying international crises, increasing regulatory burdens, and uncertain macroeconomic conditions have led to an era of caution for manufacturers, but hidden among those challenges are exciting opportunities for...more
10/25/2024
/ Artificial Intelligence ,
Bribery ,
Complex Corporate Transactions ,
Compliance ,
Copyright ,
Cyber Threats ,
Cybersecurity ,
Department of Justice (DOJ) ,
Employment Litigation ,
Environmental Protection Agency (EPA) ,
Fair Labor Standards Act (FLSA) ,
Fraud ,
Geopolitical Risks ,
Government Agencies ,
Healthcare ,
Intellectual Property Protection ,
International Trade ,
Kickbacks ,
Logistics ,
Manufacturers ,
Marketing ,
National Association of Manufacturers ,
OSHA ,
PFAS ,
Regulatory Requirements ,
State Agencies ,
Subject Matter Jurisdiction ,
Whistleblowers ,
Workplace Safety
Keypoint: California state courts weigh in on what does, and does not, qualify as a “pen registry” or “tap and trace” device while one California federal court raises whether a wiretapping claim can also allow for a CCPA...more
10/22/2024
/ California Consumer Privacy Act (CCPA) ,
CIPA ,
Corporate Counsel ,
Data Privacy ,
Data Protection ,
Personally Identifiable Information ,
State Privacy Laws ,
Third-Party ,
Vendors ,
Video Recordings ,
VPPA ,
Wiretapping
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
9/10/2024
/ CIPA ,
Consumer Privacy Rights ,
Corporate Counsel ,
Data Privacy ,
Data Protection ,
Electronic Communications ,
Facebook ,
Personally Identifiable Information ,
Privacy Laws ,
Third-Party ,
VPPA ,
Websites ,
Wiretapping
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
8/23/2024
/ CIPA ,
Consumer Privacy Rights ,
Data Privacy ,
Data Protection ,
Electronic Communications ,
Facebook ,
Personally Identifiable Information ,
Privacy Laws ,
SaaS ,
Third-Party ,
VPPA ,
Websites ,
Wiretapping
Keypoint: Courts reject personal jurisdiction arguments and suggest the Shopify decision will be overturned; Courts continue to show differing approaches to VPPA claims at the pleading stage with a large VPPA class action...more
7/16/2024
/ Audio Recording ,
CIPA ,
Class Action ,
Data Privacy ,
Data Protection ,
ECPA ,
Privacy Laws ,
Shopify ,
Third-Party ,
VPPA ,
Websites ,
Wiretapping
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
6/13/2024
/ CIPA ,
Consent ,
Consumer Privacy Rights ,
Corporate Counsel ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Department of Justice (DOJ) ,
Discovery Disputes ,
Facebook ,
Personal Jurisdiction ,
Privacy Laws ,
Private Right of Action ,
VPPA ,
Websites ,
Wiretapping
Keypoint: The Central District of California issues a major victory for website owners facing CIPA-arbitration demands, two decisions address whether a plaintiff consented as a defense to wiretapping claims, three courts in...more
5/7/2024
/ Audio Recording ,
Call Centers ,
CIPA ,
Corporate Counsel ,
Data Privacy ,
Facebook ,
Privacy Laws ,
Privacy Policy ,
Third-Party ,
Video Recordings ,
VPPA ,
Websites ,
Wiretapping
Keypoint: Two California state court decisions have addressed motions to dismiss claims under the novel “pen registry” and “tap and trace” theories, but reached different outcomes after finding different policy considerations...more
4/10/2024
/ Consumer Privacy Rights ,
Corporate Counsel ,
E-Commerce ,
Electronic Communications ,
Electronic Monitoring ,
Internet Retailers ,
Privacy Policy ,
Tracking Systems ,
Web Tracking ,
Websites ,
Wiretapping
Keypoint: Multiple decisions from the same judicial district come down differently on wiretapping claims while three courts in different states each reject VPPA-defendants’ arguments that the plaintiffs lacked Article III...more
On November 30, 2022, OpenAI captured the world’s attention when it introduced version 3.5 of its ChatGPT service. What began as cocktail hour conversations and funny experiments quickly made its way into boardrooms and...more
3/25/2024
/ Artificial Intelligence ,
Chief Information Officers (CIO) ,
COOs ,
Copyright ,
Goldman Sachs ,
Infringement ,
Intellectual Property Protection ,
Inventions ,
Inventors ,
Investment ,
Machine Learning ,
Trade Secrets ,
Trademarks
Keypoint: Courts continue to issue conflicting decisions in wiretapping cases while one court has expanded who may be considered a “video tape service provider” under the VPPA.
Welcome to the eleventh installment in our...more
3/6/2024
/ Chat Rooms ,
CIPA ,
Consent ,
Data Privacy ,
Electronic Communications ,
Invasion of Privacy ,
IP Addresses ,
Privacy Laws ,
Privacy Policy ,
Third-Party ,
VPPA ,
Wiretapping
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
2/6/2024
/ American Arbitration Association ,
Consumer Privacy Rights ,
Corporate Counsel ,
Data Privacy ,
Data-Sharing ,
Facebook ,
Frivolous Lawsuits ,
Privacy Laws ,
VPPA ,
Websites ,
Wiretapping
Welcome to the ninth installment in our monthly data privacy litigation report, which we are releasing just after the New Year. We prepare these reports to provide updates on how courts in the United States have handled...more
This is the eighth installment in our monthly data privacy litigation reports to provide updates on how courts in the United States have handled emerging data privacy trends. In this post, we look at privacy litigation...more
Keypoint: The past two months have seen many courts dismiss privacy claims as judges appear to be more critical of plaintiffs’ theories while other judges have allowed cases to proceed past the motion to dismiss stage....more
10/12/2023
/ Consent ,
Data Privacy ,
Eavesdropping ,
Personal Information ,
Personally Identifiable Information ,
Privacy Laws ,
State Privacy Laws ,
Third-Party Service Provider ,
Video Recordings ,
VPPA ,
Wiretapping
Keypoint: In July 2023, plaintiffs have been busy opposing motions to dismiss in chat wiretapping, session replay, and VPPA cases while testing claims against a new technology....more
Keypoint: June 2023 maintained a trend of mostly favorable outcomes for defendants as courts continue to grant motions to dismiss in session replay and VPPA cases.
This is the fifth installment in our monthly data privacy...more