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
On April 29, 2025, the Senate Public Safety Committee voted 6-0 to advance legislation that would exempt processing of personal information for a commercial business purpose from coverage by the California Invasion of Privacy...more
California Invasion of Privacy Act (“CIPA”) wiretapping claims against online businesses are topics with which our readers are well-versed. Inconsistent court decisions about whether wiretapping claims under CIPA apply to the...more
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 to initiate litigation—cannot bring a claim under the California Invasion of Privacy Act (CIPA)....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
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
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
Welcome to the twentieth installment in our monthly data privacy litigation report. We prepare these reports to provide updates on how courts in the United States have handled emerging data privacy trends. After our expansive...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
Some businesses might be surprised to learn that digital wiretapping litigation claims are one of today’s fastest-growing compliance risks, with over 1,560 lawsuits filed in 28 states since a groundbreaking 2022 decision...more
Readers of this blog may recall a recent favorable decision handed down by Massachusetts State’s highest court in which it found that Massachusetts Wiretap Act claims (“MWA”) do not extend to consumer interactions with...more
To date, 19 states have adopted comprehensive data privacy laws, but Massachusetts is not among them. Thus, Massachusetts residents whose web browsing activities result in an unexpected loss of privacy sometimes base their...more
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
In recent months, a wave of lawsuits has swept across the nation, targeting websites for allegedly violating state wiretapping laws through their use of tracking software. Despite none of these statutes explicitly addressing...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
In a critical new decision, the Massachusetts Supreme Judicial Court has confirmed that the state’s anti-wiretapping statute does not extend to website tracking technologies. In Vita v. New England Baptist Hospital, the Court...more
On October 24, 2024, the Supreme Judicial Court of Massachusetts issued its highly anticipated decision in Vita v. New England Baptist Hospital, rejecting a plaintiff’s attempt to pin Wiretap Act liability on two hospitals...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
On October 24, 2024, in a long-awaited decision in Vita v. New England Baptist Hospital, Massachusetts’ highest court snuffed out an attempt to use the state’s 1968 Wiretap Act to impose liability on a hospital system for its...more
Keypoint: Massachusetts’ highest court ruled the use of software that tracks users’ activity on its website does not violate the state’s Wiretap Act, which was intended to prevent the recording or interception of...more
In Vita v. New England Baptist Hosp., __ Mass __, __ N.E.3d __, 2024 WL 4558621 (Mass. Oct. 24, 2024), the court held that the Massachusetts wiretap statute does not criminalize interception of web browsing and sale of the...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
In a closely watched decision, the highest court in Massachusetts has rejected the theory that third-party website tracking technology violates G. L. c. 272, § 99, the Massachusetts Wiretap Act....more
Businesses that use website tracking software to monitor activity for marketing purposes must comply with a growing list of state laws – but does that include a nearly 60-year-old Massachusetts law requiring consent to record...more