The Third Circuit Court of Appeals recently issued an opinion affirming the dismissal of a class action complaint asserting both California Invasion of Privacy Act (CIPA) and California Medical Information Act (CMIA) claims,...more
11/25/2025
/ Appeals ,
California ,
CIPA ,
Class Action ,
CMIA ,
Data Privacy ,
Invasion of Privacy ,
Patient Privacy Rights ,
PHI ,
Privacy Laws ,
State Privacy Laws ,
Third-Party Service Provider ,
Web Tracking ,
Wiretap Act
In this episode of The Consumer Finance Podcast, Chris Willis is joined by colleagues Jason Manning, Angelo Stio, and Rob Jenkin to unpack the surge of litigations arising from the use of tracking technologies (e.g., cookies,...more
11/13/2025
/ Consent ,
Cookies ,
Data Privacy ,
ECPA ,
Electronic Communications ,
Litigation Strategies ,
Privacy Laws ,
Risk Mitigation ,
State Privacy Laws ,
Video Privacy Protection Act ,
Web Tracking ,
Wiretap Act
The N.D.Cal. shared its frustration with the language of CIPA, the conflicting rulings on how it has been applied, and the need for the legislature to fix it, as part of its recent decision granting summary judgment and...more
Plaintiffs’ attorneys have started sending a wave of letters asserting opt-out and access rights under California’s Shine the Light law....more
9/22/2025
/ California ,
Civil Monetary Penalty ,
Consumer Privacy Rights ,
Data Privacy ,
Data Protection ,
Disclosure Requirements ,
Marketing ,
Opt-Outs ,
Penalties ,
Personal Information ,
Policies and Procedures ,
Private Right of Action ,
Regulatory Reform ,
State Privacy Laws
The decision is the first to find a Daniel’s Law unconstitutional based on First Amendment grounds and could impact ongoing litigation against hundreds of companies challenging similar laws....more
8/25/2025
/ Appeals ,
Cause of Action Accrual ,
Class Action ,
Constitutional Challenges ,
Due Process ,
Federal Court Litigation ,
First Amendment ,
Fourteenth Amendment ,
Free Speech ,
Personal Information ,
Privacy Laws ,
Public Information ,
Public Officials ,
State Privacy Laws ,
Statutory Interpretation ,
Statutory Violations ,
Strict Scrutiny Standard
Despite the avalanche of lawsuits and enforcement actions related to tracking technology, companies can take at least some solace in a recent decision curtailing Video Privacy Protection Act (VPPA) lawsuits. On July 28, the...more
8/11/2025
/ California Privacy Protection Agency (CPPA) ,
Class Action ,
Consumer Privacy Rights ,
Facebook ,
Invasion of Privacy ,
Motion to Dismiss ,
Personally Identifiable Information ,
State Privacy Laws ,
Tracking Systems ,
Video Privacy Protection Act ,
VPPA ,
Web Tracking
On June 2, the New Jersey Division of Consumer Affairs announced the publication of new proposed regulations to implement the New Jersey Data Privacy Act (NJDPA), N.J. Stat. §§ 56:8-166.4 et seq., which went into effect on...more
6/11/2025
/ Artificial Intelligence ,
Consumer Privacy Rights ,
Customer-Loyalty Programs ,
Data Collection ,
Data Management ,
Data Privacy ,
Disclosure Requirements ,
New Jersey ,
Personal Data ,
Proposed Regulation ,
Regulatory Agenda
Maryland has joined the growing list of states to pass a law — the Judge Andrew F. Wilkinson Judicial Security Act — that allows current and former members of the Maryland judiciary to request certain of their personal...more
On May 13, Senator Joseph P. Cryan (D) introduced an amendment to New Jersey’s Daniel’s Law, which would broaden the law’s coverage. An identical amendment was introduced by Assemblywoman Annette Quijano (D) in the Assembly...more
In June of 2022, McDonald’s obtained a judgment on the pleadings, ending antitrust litigation challenging the legality of the no-hire restraints it previously included in its franchise agreements. More than a year later, the...more
10/4/2023
/ Antitrust Litigation ,
Antitrust Provisions ,
Class Action ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Fast-Food Industry ,
Former Employee ,
Franchise Agreements ,
Hiring & Firing ,
Judgment on the Pleadings ,
McDonalds ,
No-Hire/No-Solicitation Agreements ,
No-Poaching ,
Restrictive Covenants ,
Sherman Act ,
Statutory Violations
The Department of Justice (DOJ) Antitrust Division recently suffered another setback in its most recent effort to secure criminal convictions for labor-side violations of Section 1 of the Sherman Act. In perhaps the DOJ’s...more
On April 3, the Department of Justice's Antitrust Division (DOJ) filed a complaint against and settlement with Activision Blizzard, Inc. (Activision), alleging the company violated Section 1 of the Sherman Act....more
4/10/2023
/ Activision ,
Antitrust Division ,
Antitrust Provisions ,
Antitrust Violations ,
Contract Drafting ,
Department of Justice (DOJ) ,
Enforcement Actions ,
eSports ,
Final Judgment ,
Salary Caps ,
Sherman Act ,
Tax Liability ,
Video Games ,
Wage Withholding
The Department of Justice (DOJ) Antitrust Division recently suffered another setback in its most recent effort to secure criminal convictions for labor-side violations of Section 1 of the Sherman Act. Having finally secured a...more
The Federal Trade Commission (FTC) made another move to protect two of the Biden administration’s priority constituencies: small business and workers. This time, it targeted perceived unreasonable restraints in the franchise...more
The Biden administration’s Department of Justice (DOJ) Antitrust Division recently secured its first criminal conviction for a labor-side violation of Section 1 of the Sherman Act after VDA OC LLC (VDA) entered a guilty plea....more
In early September, the Eleventh Circuit reversed the district court’s judgment for defendants Burger King Corporation, Burger King Worldwide, Inc., and their ultimate parent Restaurant Brands International, Inc....more
9/26/2022
/ Antitrust Division ,
Antitrust Violations ,
Burger King ,
Competition ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Franchisee ,
Franchises ,
Franchisors ,
No-Poaching ,
Sherman Act
Antitrust in labor markets remains a “hot topic” for government, business, and labor. The antitrust enforcement agencies, consistent with the Biden administration’s “Executive Order on Promoting Competition in the American...more
The Biden administration's Department of Justice, Antitrust Division (DOJ) continues a practice largely begun under the Trump administration of intervening in private litigation and requesting permission to file statements of...more
On November 10, the United Kingdom (U.K.) Supreme Court issued a decision in Lloyd v. Google LLC, UKSC2019/0213 (Supreme Court of the United Kingdom), recognizing that the loss of control of personal data by consumers alone...more