Why Privacy is Your Secret Weapon Against Third-Party Risk
Due Diligence in AI: 3 things you need to survive AI scrutiny
How can founders navigate the explosion of state AI regulations?
The Privacy Insider Podcast Ep. 7: David, Goliath, and Data Privacy Part II: Max Schrems
When AI Meets PI: Assessing and Governing AI from a Privacy Perspective
Back to School: 3 Essential Employee Trainings
A Sneak Peek into Data Mapping: What Implementation Really Looks Like
Safeguard your Business: Dinsmore's Craig Horbus on Combatting the Rising Threat of ACH Fraud
The Privacy Insider Podcast Episode 4: Don't Be Evil: In the Hot Seat of Data Privacy, Part 1
It's Time to Think About Data Mapping Differently
The American Privacy Right Act (APRA) explained
Navigating the Regulation Jungle: How to Be Compliant, Work Efficiently, and Stay Sane
Legal Alert | Wiretap Laws in the United States
Business Better Podcast Episode: Cyber Adviser – A Comparison of AI Regulatory Frameworks
Preventative Medicine: Health Care AI Privacy and Cybersecurity – Part 1 — The Good Bot Podcast
Cost of Noncompliance: More Than Just Fines
Will the U.S. Have a GDPR? With Rachael Ormiston of Osano
No Password Required: MITRE Engage Lead, Innovator in Cyber Deception, and Dance Community Builder
Navigating State Privacy Laws: A Conversation with Oregon & Texas Regulators about Privacy Enforcement
The Team Continues to Grow: A Conversation With Our Newest Colleague, Kaitlin Clemens — Unauthorized Access Podcast
Keypoint: California district courts continue to split over whether “knowledge” is required to plead liability under Section 631(a)’s fourth prong while two decisions show courts taking different approaches to VPPA claims at...more
A California federal court recently ruled that disclosure of certain data collected through website cookies that may qualify as health information could trigger a data breach under the California Consumer Privacy Act (CCPA) –...more
Data privacy-related lawsuits have skyrocketed in recent years. Federal courts saw over 900 data privacy dockets in 2020 – but witnessed a surge to 1,767 dockets in 2023. At the halfway point in 2024, federal court data...more
Keypoint: The Central District of California issued several wiretapping decisions in May while two decisions on the VPPA illustrate how claims fail or succeed at the pleading stage. Welcome to the fourteenth installment in...more
Keypoint: The Central District of California issues a major victory for website owners facing CIPA-arbitration demands, two decisions address whether a plaintiff consented as a defense to wiretapping claims, three courts in...more
Keypoint: Courts resolved six motions to dismiss wiretapping claims based on session replay technology in January, while two VPPA decisions highlight balance struck by courts. A new privacy litigation theory based on “pen...more
Despite your recent efforts to comply with privacy law requirements for website cookies, pixels, and analytics, your business may be at risk of getting sued for violations of “pen register” or “trap and trace” laws based on...more
On December 20, 2023, the Federal Trade Commission (FTC) published a Notice of Proposed Rulemaking (Proposed Rule) seeking to update the Children’s Online Privacy Protection Act (COPPA), which would place new restrictions on...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
In 1988, Congress enacted the Video Protection Privacy Act (“VPPA”) in response to the confirmation hearing of Judge Robert Bork, where his video rental history was disclosed during his Supreme Court confirmation hearing....more
Keypoint: In July 2023, plaintiffs have been busy opposing motions to dismiss in chat wiretapping, session replay, and VPPA cases while testing claims against a new technology....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
Wiretapping claims have become the focus of the privacy plaintiff’s bar. These cases are everywhere, and the hospital industry in particular has been in the crosshairs of recent filings (with as many as a couple of dozen new...more
When it comes to website privacy compliance, cookies have consistently presented the most fraught issues for U.S. businesses. This is especially true for those businesses that find themselves in a sometimes new or often...more
When the UK Government first introduced the Online Safety Bill (the "Bill") to Parliament, it lauded the Bill as creating "world-leading online safety laws" which "marked a milestone in the fight for a new digital age". The...more
On February 16, 2022, the Federal Trade Commission (FTC) filed a proposed settlement order in federal court in its case against WW International, Inc (formerly known as Weight Watchers International, Inc.) and its subsidiary...more
France’s data protection regulator (the CNIL) said this week it has fined Google and Facebook a combined €210 million for breaches of laws on cookies use and tracking of user online activity. These fines were not under the...more
Takeaway: As we reported in a recent article – New Class Action Trend: Website Session Replay Tools Alleged to Violate All-Party Consent Recording Requirements (April 5, 2021) – creative class action lawyers have filed a...more
The privacy organisation noyb will file more than 10,000 complaints for use of cookies contrary to its interpretation of compliance. On 31 May 2021, the nonprofit privacy organisation noyb (short for “none of your...more
The California Attorney General recently approved modified regulations under the California Consumer Privacy Act (CCPA). One part of the modified regulations bans “dark patterns” on a website. What are dark patterns?...more
Does your company use tracking or session replay software to understand how users interact with your website? If so, you may be the next target of a new wave of class actions sweeping across Florida and California. The...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
The Florida Senate and House of Representatives are considering two bills (SB 1670 and HB 963) that, if adopted, will amend Florida law to create the state’s first comprehensive privacy law (though they do not go nearly as...more
Florida lawmakers have proposed data privacy legislation that, if adopted, would impose significant new obligations on companies offering a website or online service to Florida residents, including allowing consumers to “opt...more
With the enactment of the European General Data Protection Regulation (“GDPR”) and the California Consumer Privacy Act ("CCPA”), companies have been forced to cope with a shifting privacy landscape that impacts the data that...more