2024 was a pivotal year in the regulation of data practices, with increased scrutiny of artificial intelligence (AI), data brokers, and the ecosystem of commercial data, and the continued proliferation of comprehensive United...more
2/13/2025
/ Artificial Intelligence ,
Consumer Privacy Rights ,
Corporate Counsel ,
Cybersecurity ,
Data Brokers ,
Data Privacy ,
Data Protection ,
Federal Trade Commission (FTC) ,
Machine Learning ,
Privacy Laws ,
Regulatory Agenda ,
State Privacy Laws
Implementing and enforcing appropriate legal holds is essential to preventing the destruction of data related to current or anticipated litigation and avoiding inadvertent spoliation claims. Depending on the nature of the...more
Enforcement of the California Consumer Privacy Act (“CCPA”) continues to heat up with California Attorney General Rob Bonta’s office announcing its second public enforcement action, this time against delivery service provider...more
Litigation over tracking tools, such as cookies and pixels, has become commonplace over the past few years. In general, plaintiffs’ claims revolve around the collection and sharing of data through session replay and/or...more
Knowing how consumers behave while on a website can provide businesses with valuable information. Frequently businesses employ “session replay” tools to analyze what users do on their website. “Session replay” is software...more
The California Privacy Rights Act of 2020 (“CPRA”), which voters approved in November 2020, expanded consumers’ protections under the California Consumer Privacy Act of 2018 (“CCPA”). While the CPRA introduced new consumer...more
The California Privacy Rights Act (the “CPRA”), which substantially amended the California Consumer Privacy Act (the “CCPA”), took effect January 1, 2023. Beginning July 1, 2023, the newly formed California Privacy Protection...more
On October 27, 2022, the Consumer Financial Protection Bureau (“CFPB”) began the process needed to implement a much anticipated rule regarding section 1033 of the Dodd-Frank Act by releasing an outline providing initial...more
Flexing considerable enforcement muscle, California Attorney General Rob Bonta (“AG”) recently announced a $1.2 million settlement with beauty retailer Sephora, Inc. (“Sephora”) under the landmark California Consumer Privacy...more
Recently courts in New York and London granted orders in two unrelated cases – LCX AG v 1.274M U.S. Dollar Coin and D’Aloia v Binance Holdings & Others – authorizing the claimants to serve proceedings on anonymous defendants...more
The Illinois Biometric Information Privacy Act (“BIPA”) has steadily become one of the most important and influential privacy statutes in the United States. Indeed, the collection, use, and storage of the biometric...more
Despite the much-anticipated impact of TransUnion LLC v. Ramirez (“Ramirez”), the Supreme Court decision has not prevented data breach and privacy class actions from proceeding past the pleading stage in federal courts across...more
The Supreme Court’s June 2021 decision in TransUnion LLC v. Ramirez led many to believe that data breach plaintiffs were going to have a difficult time establishing standing. After all, the Court suggested that exposure to...more
New York’s recent steps to protect biometric privacy are well worth your attention. The “Biometric Identifier Information” Law (BIIL) was passed by the New York City Council and will be effective July 9, 2021 in New York...more
Instead of identifying traditionally “tangible” injuries, data breach plaintiffs typically point to the fact that they may be the victim of identity theft at some point in the future. Prior to late April 2021, the federal...more
Litigants have been looking forward to guidance regarding the limits of data breach claims since the California Consumer Privacy Act (“CCPA”) took effect on January 1, 2020. Now some of the questions are starting to be...more
Since the passage of the California Consumer Privacy Act and because of the continued interest in the Illinois Biometric Information Privacy Act, there has been a focus on the amount of money class members may expect to...more
The first class action alleging a violation under the California Consumer Privacy Act ("CCPA"), which was filed against Hanna Andersson, LLC has now been resolved for $400,000 subject to court approval. The settlement...more
The California Consumer Privacy Act (“CCPA”) gives individuals the right to seek statutory damages against a business in limited circumstances involving the CCPA’s reasonable security obligation. See Cal. Civ. Code §...more
The California Consumer Privacy Act (“CCPA”) gives individuals the right to seek statutory damages against a business in limited circumstances involving the CCPA’s reasonable security obligation. See Cal. Civ. Code §...more
On July 23, 2020, the U.S. District Court for the Northern District of California signaled that a $650 million settlement of claims against Facebook, Inc. for alleged violations of the Illinois Biometric Information Privacy...more
“Recent inventions and business methods call attention to the next step which must be taken for the protection of the person, and for securing to the individual . . . the right ‘to be let alone.’”
Samuel Warren and Louis...more
On April 20, 2020, the United States Court of Appeals for the Fourth Circuit became the first Circuit Court of Appeal in the United States to hold that a mortgage lender must have a “branch office” that conducts at least some...more