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Data Privacy Litigation Strategies

Troutman Pepper Locke

New Wave of Privacy Litigation: Plaintiffs Press Untested Theories Under 2005 Colorado Prevention of Telemarketing Fraud Act

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In what appears to be an emerging privacy litigation trend, plaintiffs’ attorneys have recently filed a series of putative class action lawsuits targeting data companies in possession of cellular telephone numbers. The...more

Klein Moynihan Turco LLP

Recent Daniel’s Law Lawsuit

Readers of this blog are not strangers to Daniel’s Law lawsuits filed by Atlas Data Privacy Corporation (“Atlas”). While waiting for the Third Circuit Court of Appeals to decide whether Daniel’s Law is constitutional, a New...more

Kilpatrick

Court Rejects Class Certification in Pixel Tracking Suit Against AddShoppers and Peet’s Coffee

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In a significant win for the defense, a California federal judge denied class certification in a California Invasion of Privacy Act (CIPA) suit alleging that AddShoppers and Peet’s Coffee unlawfully tracked website visitors...more

Nextpoint, Inc.

Key Discovery Points: Don’t Get Caught with Your Hand in the Production Cookie Jar

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In this Key Discovery Points video, Brett Burney of Nextpoint and Doug Austin of eDiscovery Today unpack a court’s bold move in the Meta Pixel healthcare case – ordering the production of third-party cookie data tied to...more

Kilpatrick

California federal court bemoans choice of unfit plaintiffs in denial of class certification motion

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When a court begins its order denying class certification by lamenting the “failure to properly vet named plaintiffs” and “seeming unwillingness to promptly address issues that arise during litigation with named plaintiffs”...more

Baker Botts L.L.P.

Healthcare Data Case Against Google May Proceed - Rules U.S. District Court

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On June 6, 2025, the United States District Court for the Northern District of California dismissed a number of claims being brought against Google related to its alleged improper collection of health-related data though...more

Sheppard Mullin Richter & Hampton LLP

Beyond Copyright: Reddit’s Lawsuit Against Anthropic

On June 4, 2025, Reddit, Inc. (“Reddit”) filed suit against Anthropic, PBC (“Anthropic”) in the Superior Court of California, alleging that Anthropic scraped and commercially exploited Reddit user data—including deleted...more

DarrowEverett LLP

Before You Hit ‘Record’: Legal Risks In Using AI Notetaking Tools

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You may have asked a team member or associate to jot down notes during a Zoom call, only to find that they struggled to capture every key point while also actively participating in the discussion. Or perhaps you aimed to...more

Fenwick & West LLP

What We’re Watching Ahead of BIO 2025: Trends Shaping the Future of Biotech

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As we head into BIO 2025 in Boston, our teams are closely watching trends in biotech and how those affect financings, business development, IP protection, risk, and litigation strategy. Here are eight key trends we’re...more

Association of Certified E-Discovery...

Tips for Paralegals and Litigation Support Professionals – May 2025

An iPhone Knows Your Significant Locations - Keep in mind that iPhones use a particular method to track the smartphone’s location known as ‘significant locations’. ...more

Baker Botts L.L.P.

Second Circuit Rules on Scope of VPPA Protection

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On May 1, 2025, the United States Court of Appeals for the Second Circuit issued its decision in Solomon v. Flipps Media, Inc., affirming the dismissal of a putative class action alleging violations of the Video Privacy...more

Jackson Lewis P.C.

Litigation Trend Alert: Breach of Contract and Warranty Claims Based on Privacy Policies

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A recent series of articles by the International Association of Privacy Professionals discusses a trend in privacy litigation focused on breach of contract and breach of warranty claims. Practical Takeaways- • Courts are...more

American Conference Institute (ACI)

[Event] High-Net-Worth Contentious Disputes - June 12th - 13th, New York, NY

As the landscape of HNW disputes remains increasingly complex — with cross-border disputes, challenges with tracing and valuating digital assets, contentious trusts, and privacy concerns playing larger roles — ACI's Inaugural...more

Offit Kurman

AI Ain’t Atticus: Why Machine Learning Can’t Master Legal Reasoning (Yet)

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An increasing number of litigators are relying on artificial intelligence to streamline their workflows and generate legal products, from research and memos to predictive insights. While the efficiency and capabilities of...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

Husch Blackwell LLP

U.S. Privacy Litigation Update: April 2025

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Keypoint: In this post: (1) The Ninth Circuit holds essentially any website can be sued in California; (2) two courts limit pen registry claims; (3) courts split on whether privacy policies establish consent for wiretapping...more

Kilpatrick

3 Key Takeaways | U.S. Data Protection Legal Update

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Kilpatrick’s Tony Glosson recently spoke at the German Accelerator New York City Cohort during the organization’s “Immersion Week.” He discussed recent developments in the ever-evolving legal landscape of U.S. data...more

Parker Poe Adams & Bernstein LLP

Court Expands Scope of Private Actions Under California Consumer Privacy Act to Include Pixel Tracking Practices

On March 3, 2025, the U.S. District Court for the Northern District of California issued a significant ruling that has the potential to broaden the risk of liability under the California Consumer Privacy Act (CCPA). ...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

Shook, Hardy & Bacon L.L.P.

A Blockbuster Week for the VPPA—New Releases from the Sixth and Seventh Circuits

Much like Blockbuster Video rental stores (of which you might be surprised to learn there is still one remaining), the Video Privacy Protection Act (VPPA) was quietly slipping into obsolescence with the advent of the Internet...more

Alston & Bird

Class Action & MDL Roundup 2024 Q4 – We Give You the Benefit of the Bargain

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Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the fourth quarter of 2024. In this edition, an overdue audiobook suit is shelved, an old case gets new reps and new...more

Array

This Week in eDiscovery: How to Scope an eDiscovery Project | Is AI Discoverable?

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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 March 9-16. Here’s what’s...more

Osano

Weathering the 2025 Whirlwind: How to Keep Calm & Carry On

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Normally, we do a mid-year check-in on privacy regulatory activity. But it’s like we’ve lived through six months of events in the last 8 weeks. A new administration making some big moves; some precedent-setting enforcement...more

Miller Canfield

Court Upholds Mass Class Action Opt-Out Permitting Individual Arbitrations

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No company would relish the prospect of defending against a class action lawsuit and thousands of related individual arbitrations at the same time. But following a recent federal court ruling, Google (and its parent company,...more

DLA Piper

Google Unable to Avoid Mass Opt-Out in Privacy Class Action

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Plaintiffs’ attorneys are continuing to aggressively pursue mass arbitrations in privacy litigation. The latest challenge came when Judge Beth Labson Freeman in the Northern District of California ruled last month that...more

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