Early Returns Podcast - Oliver Roberts: AI and the Law, and an Education
Driven by Data: Auto Finance Trends Uncovered - Moving the Metal: The Auto Finance Podcast
The Privacy Insider Podcast Episode 13: Preserving Privacy and Social Connection with Christine Rosen of the American Enterprise Institute
Innovations in Compliance: Data Collection & Cybersecurity with ModeOne’s Matt Rasmussen and Ryan Frye
Early Days of the Trump Administration: Impact on the CFPB — The Consumer Finance Podcast
CFPB's Inquiry Into Payments Privacy — Payments Pros – The Payments Law Podcast
Innovation in Second Requests: Data is Your Greatest Asset
Podcast: How Delaying Third Party Discovery Can End Up Costing You Dearly
No Password Required: Director and Cybersecurity Adviser at KPMG and Rain Culture Authority
Podcast - Bowling with Bumpers: Using a Privacy Framework to Set Your Company Up for a Strike
The Presumption of Innocence Podcast: Episode 48 - Digital Boundaries: Fourth Amendment Protections in a Connected World
eDiscovery Needs Digital Forensics for a Mobile World
A Sneak Peek into Data Mapping: What Implementation Really Looks Like
It's Time to Think About Data Mapping Differently
EEO-1 Filing After June 4: What to Do Now, and How to Prepare for Next Year - Employment Law This Week®
Navigating State Privacy Laws
[Webinar] You Are Here: First Steps in Data Mapping
An Ounce of Prevention: Keys to Understanding and Preventing AI and Cybersecurity Risks
Calculating eDiscovery Costs: Tips from Brett Burney
State AG Pulse | Content moderation vs. free expression
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
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
If you are “tester” who actively seeks out privacy violations and files lawsuits to ensure legal compliance (as many class action lawsuit plaintiffs are), you do NOT have Article III standing to sue, according to a recent...more
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
Readers of this blog are aware of the never-ending stream of lawsuits alleging that the use of third-party tracking technology to collect consumer data on company websites is tantamount to illegal wiretapping in violation of...more
In a highly anticipated decision on an issue facing courts across the country, the Massachusetts Supreme Judicial Court held in late October that Massachusetts hospitals’ use of online tracking technologies that collect and...more
Companies commonly use tracking technologies – such as Meta’s “Pixel” software or “Google Analytics” – on their websites for various reasons. In numerous class actions across the country, plaintiffs have claimed that the use...more
October has offered valuable insights for companies managing privacy obligations related to user tracking, with courts issuing opinions on various wiretap laws and the Video Privacy Protection Act (VPPA) in the context of...more
In a significant decision for website operators, the Massachusetts Supreme Judicial Court clarified that tracking users’ web activity does not constitute illegal wiretapping under the state’s Wiretap Act. The court found that...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
Those tracking CIPA litigation are familiar with the recent decision holding in favor of a company whose site had an online chat operated by a vendor. The court in that case held (1) that the company had not violated the...more
Website owners often struggle to design privacy policies that are not only comprehensive, but also comprehensible. The tension between these competing concerns was in sharp focus in a recent Ninth Circuit decision, Calhoun v....more
Data privacy-related lawsuits have skyrocketed in recent years. Federal courts saw over 900 data privacy dockets in 2020 – but witnessed a surge to 1,767 dockets in 2023. At the halfway point in 2024, federal court data...more
As an onslaught of recent class actions allege, companies may be liable for eavesdropping and wiretapping based on the use of common analytics software on their platforms. For instance, in California, plaintiffs have filed...more
If you do not know what a pixel is, you may have a problem and should read on. This article will explain the recent trend of “pixel litigation” and suggest some ways to help companies avoid liability and avoid becoming...more
California continues to grapple with a significant surge in lawsuits and arbitration demands aimed at businesses operating websites employing technology to monitor online activities. These cases hinge on the California...more
California businesses are experiencing a tsunami of demands and complaints alleging class action status that applies the well-established 1960’s California Invasion of Privacy Act (CIPA) to the internet’s new technology. CIPA...more
A new species of website privacy litigation has taken hold in 2024, based on arcane provisions of the California Invasion of Privacy Act (CIPA) that restrict law enforcement’s use of pen register or trap and trace devices...more
As readers of our blog know, the use of website user tracking software has been the subject of many recent consumer privacy lawsuits. The latest iteration of consumer privacy cases involves the use of “pen registers” that...more
In the latest example of privacy laws being stretched to fit new digital technologies, plaintiffs have begun to file a flurry of suits alleging that retailers are using pen register and trap-and-trace software to illegally...more
Despite your recent efforts to comply with privacy law requirements for website cookies, pixels, and analytics, your business may be at risk of getting sued for violations of “pen register” or “trap and trace” laws based on...more
Joe Alves filed a class-action complaint against BJ’s Wholesale Club, alleging that BJ’s uses computer code, called Session Replay Code (SRC), to secretly record consumer activity on BJ’s website. Alves claims that BJ’s...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
Collecting data from a California customer’s use of the chat feature on your website without first obtaining the customer’s permission may constitute a violation of Section 631(a) of the California Invasion of Privacy Act...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