Universal Consent: Building Beyond Cookie Consent
Data Dividend: What is Personal Data Worth?
Privacy Litigation Trends: Meta Pixels, Cookie Opt-Out, and Sale of Data
Data Revolution: How U.S. Privacy Laws Change the Way Data Should be Managed by Retail and Tech Industries
Fashion Counsel: Privacy in the Retail Fashion Industry
E8: Interview with Cookiebot CEO on Technical Solutions to GDPR Readiness
Would you like some milk with those website cookies? We know the common privacy joke. However, website cookies and online tracking technologies (collectively, “cookies”) are increasingly no joking manner as they can create...more
The Federal Trade Commission (FTC) has been actively flexing its authority as a privacy regulator in recent months. The agency has been especially focused on identifying data practices it views to be “unfair”, thereby...more
On August 29, 2024, the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) withdrew its appeal of the US District Court for the Northern District of Texas’s June 20, 2024, decision in American...more
On July 15, 2024, the Office of the New York State Attorney General (OAG) announced new guidance regarding the use of cookies, tags, and other online user information tracking tools. Although New York does not yet have a...more
On August 19, 2024, the US Department of Health and Human Services Office for Civil Rights (OCR) filed a notice of appeal of the US District Court for the Northern District of Texas’s June 20, 2024, decision in American...more
Organizations across the spectrum rely heavily on website tracking technologies to understand user behavior, enhance customer experience, and drive growth. The convenience and insights these technologies offer come with a...more
In a significant move to enhance consumer privacy and promote transparency in digital practices, the New York State Attorney General recently published two critical guides: “Website Privacy Controls: A Guide for Business” and...more
These lawsuits make generalized allegations that business websites use software or tools to collect various types of device and browsing information from website visitors and that businesses then share such information with...more
New York Attorney General Letitia James recently released guidance for businesses and consumers about website tracking technologies. The consumer guide provided examples of common cookies, tracking technologies, and how...more
Recently, the Office of the New York State Attorney General (OAG) issued an advisory warning business that website tracking technology may violate New York consumer protection laws, including the state’s Uniform Deceptive...more
On July 30, 2024, the New York Attorney General Letitia James announced she had completed an investigation into the tracking technology practices of popular websites, and used this to create website privacy guides on online...more
On July 15, 2024, the Office of the New York State Attorney General (OAG) published website privacy control guidance focused on cookies and other tracking technologies. The guidance identifies common deficiencies and...more
In the latest iteration of privacy claims, California plaintiffs have begun filing lawsuits against online retailers using online tracking technologies to collect IP addresses under a new theory—plaintiffs allege such...more
Keypoint: Although New York lacks a consumer data privacy law, the New York Attorney General’s office has taken the position that New York’s consumer protection laws require entities to implement certain tracking technology...more
Last week, a federal district court in Texas issued a decision declaring unlawful and vacating a central component of a guidance document (the Bulletin) from the Department of Health and Human Services (HHS) Office for Civil...more
Have you recently visited a plaintiff lawyer’s website? If so, then you may be entitled to compensation under the most contrived California Invasion of Privacy Act (CIPA) theory yet. ...more
On March 18, 2024, the Office of Civil Rights (“OCR”) within the Department of Health and Human Services (“HHS”) updated prior guidance concerning the use of online tracking technologies, including cookies, by Covered...more
California businesses are experiencing a tsunami of demands and complaints alleging class action status that applies the well-established 1960’s California Invasion of Privacy Act (CIPA) to the internet’s new technology. CIPA...more
Class-action lawyers are adapting their legal tactics, moving away from suing companies under California's wiretap law and instead focusing on a new legal claim: the pen register theory....more
If you are participating in the digital advertising ecosystem, you likely are hearing a lot about pixels, tags, scripts and SDKs lately. But the terminology can be confusing, and terms are not always used consistently, making...more
This post is part of a series of articles we are doing on 2023 data protection litigation trends. 2023 saw a rise in class action litigation related to internet tracking technology employed by companies to enhance user...more
In the latest example of privacy laws being stretched to fit new digital technologies, plaintiffs have begun to file a flurry of suits alleging that retailers are using pen register and trap-and-trace software to illegally...more
In honor of Data Privacy Week, each day this week Miller Nash is releasing one of our top five recommendations for where businesses should focus their privacy compliance efforts in 2024. If you need assistance reviewing your...more
2023 saw a continued uptick in privacy litigation filings throughout the United States, with Plaintiffs counsel taking aim at cookies, session replay, video URLs, online “doxing” and the use of other online tracking...more
Wouldn’t life be easier if you could just drop whatever cookies you liked onto your website visitors’ browsers? After all, cookies are nothing more than strings of text—you could have your website use dozens of cookies and it...more