One of the main risks for a company in the event of a data breach is the threat of litigation. Data breach litigation continued to proliferate in 2024, as it has in prior years....more
4/9/2025
/ Appellate Courts ,
Article III ,
Attorney-Client Privilege ,
Common Law Claims ,
Corporate Counsel ,
Damages ,
Data Breach ,
Injury-in-Fact ,
Negligence ,
Standing ,
TransUnion LLC v Ramirez
The Telephone Consumer Protection Act is a major source of consumer privacy litigation against companies that engage in telemarketing. This past year, there was little change in the status quo of what constitutes an...more
4/4/2025
/ Advertising ,
Auto-Dialed Calls ,
Class Action ,
Consumer Privacy Rights ,
Facebook Inc v Duguid ,
Faxes ,
FCC ,
McLaughlin Chiropractic Associates Inc v McKesson Corporation ,
Robocalling ,
SCOTUS ,
TCPA ,
Telemarketing ,
Unsolicited Advertisements ,
Unsolicited Faxes
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
3/7/2025
/ Artificial Intelligence ,
CIPA ,
Consumer Privacy Rights ,
Consumer Protection Laws ,
Corporate Counsel ,
Data Privacy ,
Federal Trade Commission (FTC) ,
Machine Learning ,
Pending Litigation ,
Privacy Laws ,
State Attorneys General ,
State Privacy Laws ,
Unfair or Deceptive Trade Practices ,
Wiretapping
In 2024, plaintiffs across the United States filed various class action cases related to web tracking technology employed by companies to enhance user experience on their websites and to improve the efficacy of their...more
2/26/2025
/ Advertising ,
Bots ,
California Consumer Privacy Act (CCPA) ,
CIPA ,
Class Action ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Legal History ,
Privacy Laws ,
State Privacy Laws ,
Web Tracking ,
Wiretap Act
Illinois’s Biometric Information Privacy Act (BIPA) continues to drive a wave of privacy-related litigation across the United States, though a 2024 amendment to the act—the first since BIPA’s enactment in 2008—may slow the...more
2/20/2025
/ Amended Legislation ,
Biometric Information ,
Biometric Information Privacy Act ,
Class Action ,
Damages ,
Data Privacy ,
Data Protection ,
Exemptions ,
Litigation Strategies ,
PHI ,
Privacy Laws ,
Statutory Damages
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
2/13/2025
/ Class Action ,
Consumer Privacy Rights ,
Data Collection ,
Data Privacy ,
Disclosure Requirements ,
Personally Identifiable Information ,
Privacy Laws ,
Privacy Policy ,
Third-Party Risk ,
Third-Party Service Provider ,
Tracking Systems ,
Video Privacy Protection Act ,
Web Tracking ,
Websites
While the California Consumer Privacy Act (CCPA) is most known for its extensive privacy compliance obligations, the law also provides for a limited private right of action for certain security-related breaches....more
On October 24, 2024, the Supreme Judicial Court of Massachusetts issued its highly anticipated decision in Vita v. New England Baptist Hospital, rejecting a plaintiff’s attempt to pin Wiretap Act liability on two hospitals...more
Earlier this year, Brenda Fitzgerald, the director of the U.S. Centers for Disease Control, was forced to resign because, shortly after taking the position, she had purchased stock in tobacco and pharmaceutical companies —...more
On March 6, 2017, President Trump signed a substantially narrowed version of the January 27, 2017 Executive Order titled “Protecting the Nation from Foreign Terrorist Entry into the United States.” The revised Order,...more