News & Analysis as of

Privacy Policy

White and Williams LLP

Bankruptcy Court Issues Sale Order Approving 23andMe Sale

Last month Restructuring Perspectives highlighted crucial issues at the intersection of privacy and distress presented by the Chapter 11 case of 23andMe. Specifically, “Data for Sale” discussed the recent appointment of a...more

K2 Integrity

Social Media Day: Educating Employees On The Risks Of Social Media

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Social media is used by both organizations and employees—as a marketing tool for business, for entertainment, or for interacting with friends and family....more

Constangy, Brooks, Smith & Prophete, LLP

California limits certification, revealing challenges for litigating privacy cases

In the recent high-profile civil class action, Frasco v. Flo Health, a California federal court issued a significant ruling partially certifying a nationwide class and California subclass of individuals who used the Flo...more

Jackson Lewis P.C.

CCPA Compliance Reminder: Annual Update Requirement for Online Privacy Policies

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For businesses subject to the California Consumer Privacy Act (CCPA), a compliance step often overlooked is the requirement to annually update the businesses online privacy policy. Under Cal. Civ. Code § 1798.130(a)(5),...more

Procopio, Cory, Hargreaves & Savitch LLP

How Startups Can Comply With Ever-Changing Privacy Laws

Startups face many challenges in complying with ever-changing state and federal privacy laws. Procopio Partner and Privacy Officer Elaine Harwell walks startup founders and executives on how to navigate privacy laws and build...more

Sheppard Mullin Richter & Hampton LLP

Big Sky State Makes Big Privacy Updates

Montana’s privacy law has received a refresh and updates will go into effect October 1, 2025 – exactly one year since the law took effect. The law was modified with SB 297, and changes include coverage, approach with minors,...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: May 2025

Husch Blackwell LLP on

Keypoint: In this post: (1) Standing may depend on how specific plaintiffs’ complaint is; (2) the 2d Circuit adopts the 3rd and 9th Circuit’s narrower interpretation of PII under the VPPA; (3) Promises in privacy policies not...more

Jackson Lewis P.C.

Privacy in the Big Sky State: Montana’s Consumer Privacy Law Gets Amended

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Montana recently amended its privacy law through Senate Bill 297, effective October 1, 2025, strengthening consumer protections and requiring businesses to revisit their privacy policies that apply to citizens of Montana....more

McDermott Will & Emery

Connecticut Can’t Help Itself, Amends Consumer Privacy Law Again

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On June 3, 2025, the Connecticut legislature passed a bill amending the Connecticut Data Privacy Act (CTDPA). The amendment introduces a variety of changes, including a broadening of the CTDPA’s applicability, changed...more

Rivkin Radler LLP

The SOS of Online Sales: Selling Online Safely

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Selling goods or services online can be a challenge, as there are various legal issues to consider. Here are my top 10 recommendations for protecting your rights when using the internet as a tool for sales or licenses: 1....more

Fisher Phillips

New Class Certification Decision in App-Tracking Case Provides Critical Guidance for Businesses Facing Privacy Claims

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A California federal court just certified a significant class action involving allegations that a health-tracking app improperly shared sensitive health information with third parties without user consent. The court’s May 22...more

Perkins Coie

Montana’s Consumer Data Privacy Law Update: SB 297’s Sweeping Changes at a Glance

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On May 8, 2025, Montana Governor Greg Gianforte signed Senate Bill 297 (SB 297) into law, significantly revising the existing Montana Consumer Data Privacy Act (MCDPA). These amendments generally mirror requirements in...more

Jackson Lewis P.C.

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

Jackson Lewis P.C. on

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

Benesch

Ubisoft Win Offers Defense Blueprint for VPPA Consent Challenges

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A recent decision from the Northern District of California may signal an important shift in the trend of how courts interpret “consent” under the Video Privacy Protection Act (VPPA). In Lakes v. Ubisoft, Inc., No....more

Jackson Lewis P.C.

District Court Upholds Browsewrap Agreements in Pennsylvania Wiretap Class Action

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Online retailer Harriet Carter Gifts recently obtained summary judgment from the district court in a class action under Pennsylvania wiretap law. At the heart of this case is the interpretation and application of the...more

Baker Botts L.L.P.

California Privacy Protection Agency Enters Stipulated Final Order Regarding DSAR Process

Baker Botts L.L.P. on

On May 1, 2025, the California Privacy Protection Agency (CPPA) issued a Stipulated Final Order against Todd Snyder, Inc., (Snyder) a national retailer of men’s clothing and accessories, for multiple violations of the...more

Neal, Gerber & Eisenberg LLP

Tips to Reduce Risk of Exposure to UID2 Class Actions

Businesses need to remain vigilant regarding recent developments in consumer-based data privacy class actions. In recent weeks, the plaintiff class action bar has filed several lawsuits against The Trade Desk Inc. related to...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

Levenfeld Pearlstein, LLC

Privacy Policy Basics

In today’s digital landscape, privacy policies have evolved from obscure legal documents into essential corporate governance tools. As data privacy regulations expand globally, organizations face increasing compliance...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

Health Care Compliance Association (HCCA)

[Event] Healthcare Privacy Compliance Academy - June 9th - 12th, Pittsburgh, PA

HCCA's Healthcare Privacy Compliance Academy is a three-and-a-half-day interactive education program with a focus on the vast body of privacy laws and regulations in place to help you protect PHI and other critical data. Our...more

Robinson+Cole Data Privacy + Security Insider

Video Game Developer’s Website Privacy Policy Disclosure and Cookie Banner Consent Defeat Wiretap Class Action

Video game developer Ubisoft, Inc. came out on top earlier this month in the Northern District of California when a judge dismissed, with prejudice, a class action claiming that the company’s use of third-party website pixels...more

Robinson+Cole Data Privacy + Security Insider

Judge Rules “Tester” Plaintiffs Cannot Bring Wiretap Claims under California Invasion of Privacy Act

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

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

Poyner Spruill LLP

The 23andMe Bankruptcy and Implications on Your Ancestry Data

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On March 23, 2025, 23andMe, along with its affiliates, filed for voluntary Chapter 11 bankruptcy. The company’s decision to file for bankruptcy follows in the wake of a 2023 data breach affecting close to 7 million customer...more

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