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METRC, Inc., the predominant provider of seed-to-sale tracking software used by state regulatory bodies overseeing legal cannabis markets across the U.S., faces serious allegations detailed in a recent lawsuit filed in...more
Effective companies use their websites to engage with visitors, understand their market, and drive sales — but the legal landscape has grown in complexity in recent years such that maintaining a strong website for your...more
In a big win for businesses, a California federal court just held that a “tester” plaintiff—someone who visits websites to initiate litigation—cannot bring a claim under the California Invasion of Privacy Act (CIPA)....more
Generative artificial intelligence (AI) is transforming how businesses operate, from content creation to decision-making and even legal and compliance analysis. The use of machines to perform core deliberative and inventive...more
In 2025, the retail and fashion industries are bracing for a transformative year, heavily influenced by the policies of the new Trump Administration. These policies promise rapid and significant changes, particularly in areas...more
While data from mobile devices is more frequently responsive in civil litigation than ever before, “true crime” aficionados know it’s routinely useful in criminal investigations. We take our devices with us and use them...more
The Video Privacy Protection Act (“VPPA”), a federal statute enacted in 1988, is gaining new relevance in recent years as plaintiffs bring lawsuits with the goal of enforcing online privacy rights. 2024 saw a continuation of...more
It is hard to believe that we are starting the 25th year of the 21st century. The rapid evolution that technology, privacy and data security have undergone these last 25 years is mindbending. Yet, as we enter 2025, it still...more
When you use your cellphone to search for businesses near you, you may opt into data collection about your location with an accuracy of within a few hundred feet. Often, unless you affirmatively opt out later, that data...more
With the increase in AI-related litigation and regulatory action, it is critical for companies to monitor the AI technology landscape and think proactively about how to minimize risk. To help companies navigate these...more
Perhaps no use case better exemplifies the rapidly evolving privacy law landscape in the US than the legal framework surrounding companies’ use of cookies, pixels, and other web trackers. The 119th Congress brings new...more
What does the EEOC have to do with smart watches, rings, glasses, helmets and other devices that track bodily movement and other data? These devices, known as “wearables,” can track location, brain activity, heart rate, and...more
On December 19, 2024, the Equal Employment Opportunity Commission (“EEOC”) published a new fact sheet titled “Wearables in the Workplace: Using Wearable Technologies Under Federal Employment Discrimination Laws.”...more
Plaintiffs are persistently crafting creative legal theories to target tracking technologies. One new approach is to characterize tracking technologies as “pen registers” or “trap and trace devices” used in violation of...more
Technology is transforming nearly every aspect of our lives, and the world of auto accident cases in Florida is no exception. From the moment an accident occurs to the courtroom battles that follow, modern technology plays a...more
Readers of this blog are aware of the never-ending stream of lawsuits alleging that the use of third-party tracking technology to collect consumer data on company websites is tantamount to illegal wiretapping in violation of...more
To paraphrase Animal Farm, all pixels are not created equal, but some pixels are more privacy invasive than others. Here are some recent points I made during a presentation to some of my firm’s litigators:...more
The Office of the Australian Information Commissioner recently issued practical guidance on how to deploy tracking technologies (pixels) in a privacy compliant manner under the Australian Privacy Law....more
On 30 October 2024, K2 Integrity hosted a webinar focused on the integration of AI in construction, outlining practical applications, implementation considerations, and future trends. The conversation included Bradley...more
Under the Trump administration, the real estate sector will likely face new circumstances defined by deregulation, leadership changes and tax reforms. While reduced compliance costs and regulatory burdens might pose...more
In a long-awaited decision affecting the scope of privacy protections in Massachusetts, on October 24, 2024, the Massachusetts Supreme Judicial Court (“SJC”) held that collecting and transmitting user browsing activities,...more
The EDPB released guidance last month to help companies understand their obligations when using newer tracking tools. These include pixels, URL tracking, IP-tracking, and the like. First, some background: an EU law that...more
Marketing evolves so quickly in the Internet age that sometimes businesses, and even marketers themselves, have trouble keeping up. While some take advantage of cutting edge concepts and technology, others hold firm to old...more
This series of blogs rounds up some of the key data protection regulatory trends we have seen during 2024, focused on the EU and UK. 2024 has seen behavioural advertising and cookies continue to dominate the agenda of data...more
On March 18, 2024, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) issued updated guidance regarding the use of online tracking technologies by entities and business associates subject to...more