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Entertainment Law Update Episode 160 – August/September 2023
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Eleventh Circuit Grants en banc Review to Resolve Controversial TCPA Standing Ruling
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Fifth Circuit Affirms District Court’s Striking of Class Allegations
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Webinar Recording – Assessing the Surge in Wiretap Litigation
Fashion Counsel: Privacy in the Retail Fashion Industry
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#WorkforceWednesday: SCOTUS Rules on PAGA, Fifth Circuit Rules on COVID-19 Under WARN, Illinois Expands Bereavement Leave - Employment Law This Week®
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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
As an onslaught of recent class actions allege, companies may be liable for eavesdropping and wiretapping based on the use of common analytics software on their platforms. For instance, in California, plaintiffs have filed...more
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
For the past two years, hundreds of class action lawsuits alleging violations of the California Invasion of Privacy Act (CIPA) have plagued California retailers and consumer-facing service providers. These lawsuits claim,...more
The Authors previously published the below client alert on June 8, 2023, analyzing privacy litigation under the California Invasion of Privacy Act (CIPA) and other wiretap statutes in Pennsylvania and Maryland. We provide...more
Joe Alves filed a class-action complaint against BJ’s Wholesale Club, alleging that BJ’s uses computer code, called Session Replay Code (SRC), to secretly record consumer activity on BJ’s website. Alves claims that BJ’s...more
Over the last 18 months, a new privacy litigation battlefront has emerged: Website operators across a range of industries find themselves inundated with class action suits or requests for arbitration based on alleged...more
The pace of internet consumer privacy class action litigation is skyrocketing. Remarkably, no specific legislative change in the law triggered the increase in litigation. Instead, the driver of this litigation explosion — in...more
Some common digital marketing techniques used by PEOs have become the recent target of data security litigation – and you should consider taking mitigating measures if your PEO deploys these strategies to put yourself in a...more
Class action privacy litigation’s icy grip tightened around financial services providers in late 2022, and the forecast shows no signs of melting. The plaintiffs’ creeping application of old law to new technologies is...more
If your company has a website and does not disclose the use of session replay software or that the chats on its website are being transcribed, please read this important alert. ...more
Website session replay technology continues to fuel class action litigation alleging violations of anti-wiretap laws in all-party consent states. In 2021, we issued an alert highlighting that session replay lawsuits were...more
Collecting data from a California customer’s use of the chat feature on your website without first obtaining the customer’s permission may constitute a violation of Section 631(a) of the California Invasion of Privacy Act...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
Imagine you’re the CEO of a Midwest-based company operating an e-commerce website. You just attended the monthly sales and marketing presentation, and are pleased with the customer satisfaction and sales revenue numbers since...more
Recently, US companies are experiencing a surging wave of consumer class action lawsuits alleging businesses and their software providers are violating state anti-wiretapping statutes and invading consumers’ privacy rights...more
Attention Lead Generators. The Ninth Circuit Court of Appeals recently held that use of certain technologies on a websites in order to track and record web session data before obtaining affirmative consent may be a...more
Recently we have seen a slew of class action filings under the California Invasion of Privacy Act (CIPA). CIPA is an older privacy law, associated with eavesdropping and wire fraud, not to be confused with the California...more
In a proposed class action lawsuit filed in the U.S. District Court for the Northern District of California, Google is facing a potential $5 billion class action for alleged privacy law violations. The complaint alleges that...more