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Seyfarth Shaw LLP

CIPA’s Cookie Exception Bill (SB 690) Referred to Suspense File & Hearing

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On May 19, 2025, the California Senate Appropriations Committee, which handles budgetary and financial matters, held a hearing on California Senate Bill 690 (SB 690). The proposed bill would amend the California Invasion of...more

Benesch

U.S. State Privacy Regulators Create Consortium as Enforcement Trends Emerge

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Trends and areas of focus under U.S. state data protection laws emerge as U.S. states with data protection laws in place increase enforcement actions and coordination....more

EDRM - Electronic Discovery Reference Model

[Webinar] Important eDiscovery Case Law Decisions for May 2025 - May 28th, 1:00 pm - 2:00 pm ET

eDiscovery case law disputes are racing toward us! In our May 2025 monthly webinar of cases covered by the eDiscovery Today blog we will discuss disputes related to certification of production and discovery errors,...more

A&O Shearman

CNIL launches public consultation on draft recommendations relating to multi-terminal consent

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On April 24 2025, the French supervisory authority (CNIL) issued a draft recommendation to address challenges in collecting user consent for cookies and trackers across multiple devices (the Draft Recommendation). The new...more

Maynard Nexsen

CPPA Enforcement Action Against Retailer for Failing to Monitor Cookie Consent and Requiring Excessive Verification Information...

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On May 6, the California Privacy Protection Agency (CPPA) issued a decision requiring national clothing retailer Todd Snyder, Inc. to change its business practices and pay a $345,178 administrative fine....more

Array

This Week in eDiscovery: Motion for Tracking Cookies Crumbles

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Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of April 27-May 3. Here’s what’s...more

Baker Donelson

Recent CCPA Decision Portends Potential Expansion of Class Action Liability Exposure For Cookies, Pixels, and Tracking...

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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

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

Minerva26

How Do Cookies and the Meta Pixel Impact Discovery—and What Must Litigators Know to Handle Them?

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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

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

Fisher Phillips

California Court Rejects Attempt to Expand Third-Party Eavesdropping Claims to Internet Communications: How Your Business Can...

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Businesses just received some good news when a federal court dismissed a California Invasion of Privacy Act (CIPA) claim that aimed to expand the reach of the state’s wiretapping law to cover internet communications. The...more

Arnall Golden Gregory LLP

Legal Issues Lurking on Your Website

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

K&L Gates LLP

CPPA Announces Enforcement Action Against Automaker

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On 12 March 2025, the California Privacy Protection Agency (CPPA) settled with an automaker that allegedly violated various aspects of the California Consumer Privacy Act (CCPA). This first-of-its-kind settlement for the...more

Fisher Phillips

Businesses Get Big Privacy Win in Tester Plaintiffs’ Wiretapping Case: 3 Key Takeaways

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In a big win for businesses, a California federal court just held that a “tester” plaintiff – someone who visits websites for purposes of initiating litigation – cannot bring a claim under the California Invasion of Privacy...more

Fisher Phillips

From Search to Share: Court Holds Third-Party Interception of Search Bar Terms Can Support CIPA Claim

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As the privacy litigation landscape continues to take shape, search bars have quietly become a Trojan horse in online data collection, carrying new legal theories into the California Invasion of Privacy Act (CIPA) arena. The...more

Klein Moynihan Turco LLP

Use of Tracking Tools Requires Notice and Consent!

When browsing the internet, consumers are accustomed to being presented with advertisements for products for which they previously had searched. Through use of third-party tracking tools, companies are able to monitor visitor...more

Baker Donelson

Recent Wiretapping Class Action Dismissal Offers Compliance Lessons

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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

Fox Rothschild LLP

What is Sufficient Consent?

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The following is sufficient consent for the Video Privacy Protection Act and the California Invasion of Privacy Act, according to a recent decision in the U.S. District Court for the Northern District of California....more

Ice Miller

The Continuing Saga of Ad Tracking Litigation: What Businesses Need to Know

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Recent months have seen a dramatic increase in demand letters and litigation targeting websites and mobile apps. These claims often allege privacy violations stemming from the use of various technologies such as chat bots,...more

Fisher Phillips

California Probe Targets Location Data Industry: 5 Steps to Keep Your Business Off the CCPA Enforcement Radar

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A new California investigative sweep into the location data industry focuses on whether businesses have violated state law relating to the consumers’ right to limit how their personal information – including their geolocation...more

Klein Moynihan Turco LLP

Pennsylvania Wiretap Claim Dismissed

An oft-discussed topic on this blog is the rise in lawsuits asserting illegal wiretapping claims against companies that use technology on their websites to track consumer interactions. Recently, a Pennsylvania federal judge...more

WilmerHale

California’s Most Recent Privacy Developments: Location Data Investigative Sweep and a Continued Focus on Car Companies

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In a press release on March 10, 2025, California Attorney General (“California AG”) Rob Bonta announced an investigative sweep focusing on California Consumer Protection Act (“CCPA”) compliance within the location data...more

Sunstein LLP

Web Trackers May Violate Privacy Statutes That Predate the Internet

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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

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