News & Analysis as of

Data Collection Appeals

Snell & Wilmer

Ninth Circuit Substantially Expands Personal Jurisdiction Over E-Commerce Businesses in Briskin v. Shopify

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On April 21, 2025, the United States Court of Appeals for the Ninth Circuit, sitting en banc, issued a decision in Briskin v. Shopify, Inc. substantially broadening the exercise of personal jurisdiction over online businesses...more

BakerHostetler

DSIR Deeper Dive: A Big Year for VPPA Developments

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The past year has brought a number of federal appellate rulings under the Video Privacy Protection Act (VPPA), 18 U.S.C. § 2710, one of the statutes under which plaintiffs have been filing numerous claims in recent years...more

Coblentz Patch Duffy & Bass

Second Circuit Limits VPPA Claims Regarding Meta Pixel Data Collection in Solomon v. Flipps Media: A Win for Companies Using...

In a significant development for companies targeted by (or vulnerable to) litigation over website data collection practices, the U.S. Court of Appeals for the Second Circuit affirmed the dismissal of a Video Privacy...more

Loeb & Loeb LLP

Second Circuit Joins Judicial Trend: No VPPA Violation in Pixel-Sharing Case

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The Second Circuit Court of Appeals upheld the dismissal of a proposed class action against Flipps Media (now Triller TV), ruling that the company did not violate the federal Video Privacy Protection Act (VPPA) by sharing...more

Proskauer on Privacy

Ninth Circuit Reshapes Personal Jurisdiction Standards for E-Commerce Platforms in Briskin v. Shopify

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In a recent decision by the Ninth Circuit in Briskin, the court ruled that e-commerce platform Shopify purposefully directed its conduct toward California because of its nationwide operations, rejecting the need for...more

Sheppard Mullin Richter & Hampton LLP

Ninth Upends Internet Personal Jurisdiction Law–Briskin v. Shopify

In a landmark ruling, the Ninth Circuit expanded the application of specific personal jurisdiction principles to the realm of nationwide e-commerce. On April 21, 2025, an en banc panel issued a 10–1 decision ruling that...more

Klein Moynihan Turco LLP

Paramount Decision: Sixth Circuit Upholds Dismissal of VPPA Claims

On April 3, 2025, the Sixth Circuit Court of Appeals affirmed the dismissal of a plaintiff’s Video Privacy Protection Act (“VPPA”) lawsuit brought against Paramount Global (“Defendant”). In Salazar v. Paramount Global, Mr....more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit En Banc Reverses Panel Decision and Holds Non-Resident Corporation Providing Web-Based Payment Processing Platform...

In Briskin v. Shopify, Inc., No. 22-15815, 2025 U.S. App. LEXIS 9410 (9th Cir. Apr. 21, 2025), the United States Court of Appeals for the Ninth Circuit, sitting en banc, held that the Canada-based company Shopify, Inc....more

Vedder Price

Opening Door to Universal Jurisdiction in Internet Cases, En Banc Ninth Circuit Finds Specific Personal Jurisdiction Over Shopify

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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

Wiley Rein LLP

Ninth Circuit Privacy Ruling Could Be Used to Expand Potential Forums for E-Commerce Lawsuits

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On Monday, April 21, 2025, the U.S. Court of Appeals for the Ninth Circuit, sitting en banc, issued an opinion in Briskin v. Shopify, Inc., __ F.4th __ (9th Cir. Apr. 21, 2025), that plaintiffs will cite to attempt to expand...more

Alston & Bird

Ninth Circuit Addresses Personal Jurisdiction Based on E-Commerce Data Collection in En Banc Decision

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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

Clark Hill PLC

Ninth Circuit expands specific jurisdiction for e-commerce platforms

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In Briskin v. Shopify, Inc., the Ninth Circuit Court of Appeals, sitting en banc, reversed a district court’s dismissal of a proposed data privacy class action for lack of personal jurisdiction. In applying traditional...more

Orrick, Herrington & Sutcliffe LLP

Fifth Circuit stays CFPB’s small business lending data rule amid changes

On February 7, the U.S. Court of Appeals for the Fifth Circuit indefinitely stayed a case challenging the CFPB’s small business lending data rule, based on a recent directive issued by the CFPB’s new leadership. The appellate...more

Husch Blackwell LLP

Fifth Circuit Stays 1071 Rule: A Victory, but Not for Everyone

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The Fifth Circuit Court of Appeals has granted a stay in the case challenging the Consumer Financial Protection Bureau’s (CFPB) Small Business Lending Rule, also known as Dodd-Frank Section 1071. This rule, stemming from the...more

Mitratech Holdings, Inc

Witch Hunt or Due Process? Properly Handling Harassment Claims

Mitratech Holdings, Inc on

In the wake of a significant rise in harassment reports (6,000 more anonymous hotline submissions were reported in 2023 than the previous year) businesses face a critical question: How can they handle a rising volume of...more

Pierce Atwood LLP

Federal Courts in the First Circuit Continue to Grapple with Privacy Class Action Claims

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In 2023, we discussed the uptick in data privacy and cybersecurity class action lawsuits; as expected, this trend has persisted throughout 2024 as plaintiffs continue to test new theories of liability and the boundaries of...more

Perkins Coie

“Biometric Identifiers Must Identify”: The Ninth Circuit Clarifies the Scope of BIPA

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The U.S. Court of Appeals for the Ninth Circuit issued an opinion in Zellmer v. Meta Platforms, Inc., on June 17, 2024, affirming dismissal of a putative class action filed under the Illinois Biometric Information Privacy...more

Seyfarth Shaw LLP

Privacy In Focus: BIPA’s Current Landscape and the Crucial Role of Statutory Exemptions

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Throughout much of 2023, businesses found themselves in a challenging position as they continued to grapple with defending against Illinois Biometric Information Privacy (BIPA) class action lawsuits. The year began on a...more

BCLP

Privacy Speaks: A clearer view?

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Clearview AI Inc's successful challenge to the ICO’s £7.5 million fine focused on the limits of the UK GDPR’s jurisdictional reach, succeeding on the grounds that Clearview’s processing activities were outside the scope of...more

Sheppard Mullin Richter & Hampton LLP

In a Case of First Impression, Ninth Circuit Addresses Personal Jurisdiction Issues Involving Non-Resident Corporation Providing a...

In Briskin v. Shopify, Inc., No. 22-15815, 2023 WL 8225346 (9th Cir. Nov. 28, 2023), the United States Court of Appeals for the Ninth Circuit held that the Canada-based company Shopify, Inc. (“Shopify”), which provides a...more

Mintz - Privacy & Cybersecurity Viewpoints

The FTC Sets Its Sights on Biometric Information

Does your business collect or use fingerprints?  Do your building access points use retina, finger, or palm scans?  Does your security office use facial recognition technology to identify repeated trespassers? Do your phone...more

White & Case LLP

Summary of FERC Meeting Agenda for April 2023

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Below are summaries of the agenda items for the Federal Energy Regulatory Commission's open meeting to be held on April 20, 2023, pursuant to the sunshine notice released on April 13, 2023....more

Laner Muchin, Ltd.

Illinois Supreme Court Rules a Five-Year Statute of Limitations Applies to BIPA Claims

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On February 2, 2023, the Illinois Supreme Court issued a long awaited ruling on Jorome Tims et al. v. Black Horse Carriers, Inc., No. 127801, a class action lawsuit alleging violation of the Illinois Biometric Information...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Illinois Supreme Court Rules Privacy Act Claims Have Five Year Statute of Limitations

On February 2, 2023, the Supreme Court of the State of Illinois ruled that all claims under Section 15 of the state’s Biometric Information Privacy Act (Privacy Act or BIPA) have a five year statute of limitations. The...more

Kohrman Jackson & Krantz LLP

Biometrics and AI in the Workplace: Boon or Bane?

Technology has brought efficiency into the workplace, but not without legal risk. Employers are increasingly tasking technology to assist with human resource functions, security, and workplace monitoring, all of which can...more

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