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Husch Blackwell LLP

U.S. Privacy Litigation Update: April 2024

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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

Nutter McClennen & Fish LLP

BJ’s Wholesale Club Loses Bid to Dismiss Complaint Alleging Massachusetts State Law Claims for Wiretap Violations and Invasion of...

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

BCLP

VPPA Trends: Considerations for Limiting Exposure

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In recent months, organizations have been dealing with an emerging wave of lawsuits from an unexpected source: the VPPA. The Video Privacy Protection Act (“VPPA”), originally intended to prevent “wrongful disclosures” of...more

Hinch Newman LLP

Lead Generation Compliance Attorney on How Use of Technologies to Track Web Session Data May Violate Law

Hinch Newman LLP on

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

Troutman Pepper

Ninth Circuit Rejects Retroactive Consent for Recording Website Users

Troutman Pepper on

On May 31, the Ninth Circuit issued a memorandum disposition in Javier v. Assurance IQ, LLC, addressing two important questions in California: (1) whether a business can record user interactions on its website without their...more

Legal Internet Solutions Inc.

The Five Things to Think About For Your 2022 Marketing Budget

It’s budgeting season. My favorite time of year! (Not.) This time last year I was telling anyone who asked my opinion to think long term: Don’t cut marketing spending. Invest wisely. Yes, times are scary, but it is the...more

Morrison & Foerster LLP - Social Media

Facebook Rebrands As “Meta;” Disables Facial Recognition Capabilities

In late October, Facebook announced that it would change its name to Meta, signaling a shift of the social media giant’s focus toward the metaverse, a virtual space where social media, gaming, augmented reality, virtual...more

WilmerHale

Deepfake Legislation: A Nationwide Survey - State and Federal Lawmakers Consider Legislation to Regulate Manipulated Media

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Federal and state lawmakers across the nation are considering legislation to address what they see as the rising dangers of “deepfakes.” Deepfakes are false yet highly realistic artificial intelligence (AI)-created video,...more

McDermott Will & Emery

DMCA Safe Harbor Protection Includes Pre-1972 Recordings

Vacating a district court’s decision, the US Court of Appeals for the Second Circuit explained that the safe harbor provision of the Digital Millennium Copyright Act (DMCA) protects material posted on websites of online hosts...more

Franczek P.C.

California Court: School Districts Cannot Prevent Posting of Videos of Open Board Meetings

Franczek P.C. on

Our friends over at the EdLawConnectBlog in California published a blog about an interesting case from the Golden State that school leaders from across the country may find interesting. The case addressed whether school...more

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