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Mass. SJC Limits Website Tracking Technology Claims Under Wiretap Act

In a critical new decision, the Massachusetts Supreme Judicial Court has confirmed that the state’s anti-wiretapping statute does not extend to website tracking technologies. In Vita v. New England Baptist Hospital, the Court...more

Pen Register and Trap and Trace Claims: The Latest Wave of CIPA Litigation

A new species of website privacy litigation has taken hold in 2024, based on arcane provisions of the California Invasion of Privacy Act (CIPA) that restrict law enforcement’s use of pen register or trap and trace devices...more

Litigation Minute: 2023 Year in Review and 2024 Look Ahead

What You Need To Know In A Minute Or Less - In 2023, we published 16 editions of our Litigation Minute newsletter, featuring emerging topics posing increasing and significant risks to companies. In a minute or less, here are...more

Litigation Minute: Pixel Tools in the Health Care Arena (Pixel Tool Litigation Series: Part Four of Four)

What You Need to Know in a Minute or Less - The use of pixel technologies on websites and mobile apps in the health care field has garnered considerable attention from regulators and the plaintiffs’ class action bar....more

Litigation Minute: Pixel Tools and Personal Financial Information (Pixel Tool Litigation Series: Part Three of Four)

What You Need to Know in a Minute or Less - Media reports, as well as a recent report prepared by various US senators and representatives, have focused attention on the use of pixel tools on the websites of major tax filing...more

Litigation Minute: Pixel Tools and the Video Privacy Protection Act (Pixel Tool Litigation Series: Part Two)

What You Need to Know in a Minute or Less - Plaintiffs are making new use of an old statute, the Video Privacy Protection Act (VPPA), to challenge the use of pixel technology across a variety of websites that provide online...more

Litigation Minute: The Next Wave of Website Privacy Lawsuits (Pixel Tool Litigation Series: Part One)

What You Need To Know In A Minute Or Less - The rise in session replay litigation has paved the way for a new wave of website privacy lawsuits: pixel tool litigation. Plaintiffs have increasingly challenged the use of this...more

Litigation Minute: California Session Replay Litigation Update (Session Replay Series: Part Three of Four)

What You Need To Know In A Minute Or Less - Session replay generally refers to a common analytics tool that captures certain website activity data—such as mouse movements, clicks, and page visits—and then reconstructs this...more

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