Life With GDPR: Cookie Compliance
Universal Consent: Building Beyond Cookie Consent
Data Dividend: What is Personal Data Worth?
Privacy Litigation Trends: Meta Pixels, Cookie Opt-Out, and Sale of Data
Data Revolution: How U.S. Privacy Laws Change the Way Data Should be Managed by Retail and Tech Industries
Fashion Counsel: Privacy in the Retail Fashion Industry
E8: Interview with Cookiebot CEO on Technical Solutions to GDPR Readiness
Wild, wild, west? Web tracking may be the new frontier in class action litigation. With thousands of lawsuits filed in California and increasingly in other states against organizations, including many who may not realize the...more
Cookies and pixels used to track user data on the internet are quickly becoming a source of ESI that litigators need to understand and consider how to handle in discovery. In In re Meta Pixel Healthcare Litigation, plaintiffs...more
On April 21, 2025, a Ninth Circuit en banc panel revived (by a 10-1 decision) a putative class action against Shopify, Inc. alleging violations of privacy and data rights via use of cookies. In reversing both the district...more
On March 3, 2025, the U.S. District Court for the Northern District of California issued a significant ruling that has the potential to broaden the risk of liability under the California Consumer Privacy Act (CCPA). ...more
A recent decision by the Ninth Circuit Court of Appeals in Briskin v. Shopify, Inc., No. 22-15815, could impact the scope of personal jurisdiction over e-commerce and other entities that utilize cookies to collect personal...more
Businesses need to remain vigilant regarding recent developments in consumer-based data privacy class actions. In recent weeks, the plaintiff class action bar has filed several lawsuits against The Trade Desk Inc. related to...more
Video game developer Ubisoft, Inc. came out on top earlier this month in the Northern District of California when a judge dismissed, with prejudice, a class action claiming that the company’s use of third-party website pixels...more
In late March, an online retailer successfully asserted consent as a complete defense to a putative Pennsylvania Wiretapping and Electronic Surveillance Control Act of 1978 (WESCA) class action lawsuit, resulting in the...more
Three recent federal court cases consider whether the use of third party trackers embedded in websites can be the basis of class action lawsuits alleging violations of statutes enacted before the internet existed. These...more
An insured who purchased insurance specifically for privacy injury liability was recently forced to sue its insurer after it denied coverage. The insured allegedly “installed web beacons and cookies on its platforms so that...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
How could an obscure privacy law from 1988 majorly disrupt online video streaming as we know it and make tech giants like Meta and Netflix targets of class action lawsuits?...more
Over the past year, lawsuits under the California Invasion of Privacy Act (“CIPA”) have gained significant momentum, and there’s no sign of them slowing down. Both state and federal courts in California are seeing a rise in...more
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
Some common digital marketing techniques used by PEOs have become the recent target of data security litigation – and you should consider taking mitigating measures if your PEO deploys these strategies to put yourself in a...more
Businesses with consumer-facing websites face a bit of a legal “Wild West” with regard to the collection of data at the moment. Most businesses collect some degree of consumer or site visitor data using cookies, web beacons,...more
Website technologies (such as cookies, session-replay software, and other tools) are fueling a rise in privacy class actions and drawing regulators’ scrutiny. Plaintiffs’ attorneys are pursuing these claims under a variety of...more
The case of Popa v. Harriet Carter Gifts, Inc. “began with a quest for pet stairs.” Plaintiff Ashley Popa searched Harriet Carter Gifts’ website, added pet stairs to her cart, but never completed the purchase. During her...more
Recently, US companies are experiencing a surging wave of consumer class action lawsuits alleging businesses and their software providers are violating state anti-wiretapping statutes and invading consumers’ privacy rights...more
Between consumer demand for more transparency and anticipated 2023 privacy laws, companies may be vulnerable to class action lawsuits. Anthony V. Lupo invites Privacy, Cybersecurity, and Data Protection Partner Eva J. Pulliam...more
Let’s review: •Health information is sensitive. • Sharing it with third parties for advertising is more sensitive. •Doing it behind a log-in where there is no expectation of such tracking? ...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
A class action lawsuit will proceed against Google over its collection of data from users browsing in "incognito mode," as District Judge Lucy Koh denied Google's motion to dismiss on March 12, 2021. In Brown v. Google, Judge...more
Plaintiffs' firms routinely attempt to assert old laws in new ways. One of the latest trends is the use of federal and state anti-wiretap laws as a vehicle to sue software developers and businesses for the use of ubiquitous...more
A new class action against Google in federal court in San Jose, Calif., claims that Google's collection of web browsing data from individuals who have enabled "private browsing mode" violates the Federal Wiretap Act, 18...more