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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

Kelley Drye & Warren LLP

CPPA Drives Home Enforcement Priorities in CCPA Settlement with Honda

On March 12, 2025, the California Privacy Protection Agency (CPPA) announced a settlement with American Honda Motor Co., resolving allegations that the company violated the California Consumer Privacy Act (CCPA) and requiring...more

Womble Bond Dickinson

[Event] Privacy Litigation: The Past, The Present, And The Future - March 25th, Irvine, CA

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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

Dechert LLP

Dechert Cyber Bits - Issue 71

Dechert LLP on

English High Court Rules that "Relatively High" Consent to Cookies and Profiling is Required Where Individual is Vulnerable - In a dispute between an individual claimant who was a recovering gambling addict and two...more

Robinson+Cole Data Privacy + Security Insider

Is Your Business Trapped? The Rise of “Trap and Trace” Litigation

Almost every business has a website; every website should have a privacy policy, terms of use, and, in some cases, a consumer privacy rights notice—if certain state consumer privacy rights laws apply to your business, such as...more

Fisher Phillips

Tide May Be Turning in Businesses’ Favor After Key California Court Decisions in Website Tracking Cases

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Two recent court decisions have provided businesses with long-awaited clarity on the reach of the California Invasion of Privacy Act (CIPA) – and could begin to redefine digital privacy litigation for the better. Two separate...more

McDermott Will & Emery

Data Privacy and Cybersecurity in 2025: Website Tracking

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Following our recent client alert, learn more about enforcement targeting website tracking technologies and the impact on organizations in 2025. Elliot Golding and David Saunders share further insights from working with...more

WilmerHale

New Congress Expected to Zoom to Private Sector Investigations

WilmerHale on

Perhaps no use case better exemplifies the rapidly evolving privacy law landscape in the US than the legal framework surrounding companies’ use of cookies, pixels, and other web trackers. The 119th Congress brings new...more

BakerHostetler

DSIR Deeper Dive - The Worst Cookie Recipe

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Countless hours are being spent categorizing cookies and other tracking technologies to work with consent management platforms, part of a purpose-built industry aiming to help companies deal with the increasingly complex and...more

Wyrick Robbins Yates & Ponton LLP

Naughty and Nice: Recent Website Tracking Technology Cases Present Mixed Bag for Website Operators

Many people are thinking of holiday cookies at this time of year, but your favorite privacy lawyers are still thinking more about the non-delicious kind: those enabling common features on websites and online services. That’s...more

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