The California Invasion of Privacy Act continues to be a focal point for privacy litigation, particularly concerning website tracking practices. A recent case, Gabrielli v. Insider Inc. sheds new light on whether collecting...more
Privacy litigation has taken California (and the country) by storm. In the past twenty-four months, the focus of privacy litigation has shifted from data breaches to data use, and the number of class actions filed grows by...more
Businesses operating in California that rely on location tracking – whether for fleet management, employee monitoring, logistics, or marketing – should pay close attention to a bill that would dramatically alter the legal...more
Welcome to the nineteenth installment in our monthly data privacy litigation report. We prepare these reports to provide updates on how courts in the United States have handled emerging data privacy trends. We are covering...more
The FTC Better Online Ticket Sales Act (“BOTS Act” or the “Act”)) prohibits the circumvention of a security measure, access control system, or other technological control measure used online by a ticket issuer. The Act also...more
Strike 3 Holdings is an adult pornography company located in California that has literally filed over 10,000 federal court copyright infringement cases across the United States for nearly a decade now. No company files more...more
The Second Circuit’s decision in Salazar v. NBA, No. 23-1147 (2d Cir. Oct. 15, 2024) creates significant risk for companies that offer videos for viewing on their websites and significantly expands potential liability under...more
We continue to learn more about the courts’ perspective on claims under the California Information Privacy Act (“CIPA”). Last month, in Moody v. C2 Educational Systems Inc., the U.S. District Court for the Central District of...more
The plaintiffs’ bar has added a new tool to its arsenal to target cookies, pixels, and similar online tracking tools and the businesses that use them: the California Song-Beverly Credit Card Act of 1971 (“Act”). This...more
To help organizations stay on top of the main developments in European digital compliance, Morrison Foerster’s European Digital Regulatory Compliance team reports on some of the main topical digital regulatory and compliance...more
A recent federal court decision is a victory for Health Insurance Portability and Accountability Act (HIPAA) covered entities using third-party tracking tools on unauthenticated webpages. These are websites available to the...more
An Internet Protocol (IP) address is a unique identifier assigned to a device that is connected to a computer network. In the internet ecosystem, the IP allows a network host to communicate with a network participant and...more
The California Song-Beverly Credit Card Act (the “Act”) – an act intended to protect the personal privacy of individuals during credit card transactions – may very well become the new trend in California privacy litigation. ...more
Readers of our blog are well aware of the rash of recent lawsuits alleging that a company’s use of tracking software on its website constitutes a “pen register,” as defined under the California Invasion of Privacy Act...more
On April 11, 2024, Monument, Inc. (“Monument”), settled claims brought by the Federal Trade Commission (“FTC”) alleging that it had committed certain health data privacy law violations. Monument provides online addiction...more
Last month the Polish government published a draft act on crypto-assets (the Draft Act) that aims to align the national legal framework with the EU regulation on crypto-assets. The Draft Act transposes the provisions of the...more
The Supreme Court of Canada recently delivered a landmark decision on the privacy rights of Internet users. In R v Bykovets, police investigating an alleged online fraud requested and obtained a suspect’s Internet Protocol...more
In a first-of-its-kind decision, R. v. Bykovets, 2024 SCC 6 (Bykovets), the Supreme Court of Canada has adopted a broad view of internet privacy—at least in the criminal and public authority context—finding that internet...more
Keypoint: Courts continue to issue conflicting decisions in wiretapping cases while one court has expanded who may be considered a “video tape service provider” under the VPPA. Welcome to the eleventh installment in our...more
A cookie is not just a cookie, according to the European Data Protection Board. It’s also similar technologies, and access and Internet of Things (IOT). Here are some key takeaways you need to know from the EDPB’s draft...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 Attorney General Alliance (AGA) held its Annual Meeting last week in California, which brought AGs and AG staff from 32 states and territories together with the legal and business communities to discuss a wide range of...more
Why You Should Upgrade to Google Analytics 4 Google Analytics 4 (G.A.4.) has made waves since its launch, and Google has been nudging people to upgrade for the past two years. Why? Google is essentially making it mandatory to...more
The Fourth Circuit’s decision yesterday in The Prudential Insurance Company of America v. Shenzhen Stone Network Information Ltd., No. 21-1823, F.4th (4th Cir. Jan. 24, 2023), provides important clarification on the...more
Today, the cell phone has become ubiquitous. It likely goes where you go — to the office, to the grocery store, to the gym. Your favorite restaurant. Your doctor’s appointment. Your house of worship. While it’s almost always...more