Getting Bang for Your Buck: Spend Your 2025 Privacy Budget Wisely
No Password Required: Director and Cybersecurity Adviser at KPMG and Rain Culture Authority
Navigating the Regulation Jungle: How to Be Compliant, Work Efficiently, and Stay Sane
The ‘Long Arm’ of CIPA and Its Newfound Pen-Trap Claims
Privacy Litigation Trends: Meta Pixels, Cookie Opt-Out, and Sale of Data
Fashion Counsel: Privacy in the Retail Fashion Industry
Healthcare Privacy Walkthroughs
CF on Cyber: An Update on the Florida Security of Communications Act (FSCA)
NGE On Demand: Privacy Considerations for Remote Work Productivity Monitoring with David Wheeler
I Wish I Knew What I Know Now: Conversations with AGG on FDA Issues - Data Privacy Issues Life Sciences Companies May Encounter
Education Data Privacy and Security Laws: Best Practices for School Districts
Compliance Perspectives: Permissible Disclosures under HIPAA, Especially in the Time of COVID-19
E14: The Three Pillars of GDPR
E13: GDPR Wedding Day & Beyond
BakerHostetler Partner Alan Friel Talks Big Data and Data Collection
IP|Trend: It’s Time to Get to Know the Federal Trade Commission
IP|Trend: Keeping Your Start-Up Compliant
Yul Kwon, Head of @Facebook's Privacy Program & CBS 'Survivor' Winner, Opens Up On @HsuUntied
An Overview of the 2014 Class Action Survey
Can a website copy terms of use or a privacy policy from a similar website?
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
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
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
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
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
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
Keypoint: In this post: (1) How a privacy policy can defeat a plaintiff’s “delayed discovery” argument; (2) Two CA state courts reject plaintiffs’ allegations concerning personal jurisdiction; (3) Three courts dismiss PR/TT...more
On February 10, 2025, the first class action complaint was filed pursuant to Washington’s MY Health MY Data Act (“MHMDA”), Wash. Rev. Code Ann. § 19.373.005 et seq. See Maxwell v. Amazon.com, Inc. et al., Case No. 2:25-cv-261...more
The Video Privacy Protection Act (“VPPA”), a federal statute enacted in 1988, is gaining new relevance in recent years as plaintiffs bring lawsuits with the goal of enforcing online privacy rights. 2024 saw a continuation of...more
Car manufacturer General Motors (GM) is the subject of litigation in Georgia by two New Jersey Chevy Bolt drivers who allege that GM collected data about their driving habits and behavior and disclosed it to third parties,...more
Pixels, a piece of tracking software businesses use to assess the success of their advertising campaigns, are creating headaches for in-house counsel as decades-old laws are being revived by litigants. Unlike cookies, pixels...more
The Authors previously published the below client alert on June 8, 2023, analyzing privacy litigation under the California Invasion of Privacy Act (CIPA) and other wiretap statutes in Pennsylvania and Maryland. We provide...more
In October 2022, Advocate Aurora Health notified 3 million individuals of a data breach resulting from its use of tracking pixels on its website for tracking website visitor activity. Now, this month, Advocate Aurora Health...more
In recent months, organizations have been dealing with an emerging wave of lawsuits from an unexpected source: the VPPA. The Video Privacy Protection Act (“VPPA”), originally intended to prevent “wrongful disclosures” of...more
Website session replay technology continues to fuel class action litigation alleging violations of anti-wiretap laws in all-party consent states. In 2021, we issued an alert highlighting that session replay lawsuits were...more
The case of Popa v. Harriet Carter Gifts, Inc. “began with a quest for pet stairs.” Plaintiff Ashley Popa searched Harriet Carter Gifts’ website, added pet stairs to her cart, but never completed the purchase. During her...more
The second half of 2022 saw a wave of class action litigation under state wiretapping laws against website operators that use widely deployed online technologies, such as chatboxes and session replay software....more
Imagine you’re the CEO of a Midwest-based company operating an e-commerce website. You just attended the monthly sales and marketing presentation, and are pleased with the customer satisfaction and sales revenue numbers since...more
Between consumer demand for more transparency and anticipated 2023 privacy laws, companies may be vulnerable to class action lawsuits. Anthony V. Lupo invites Privacy, Cybersecurity, and Data Protection Partner Eva J. Pulliam...more
Attention Lead Generators. The Ninth Circuit Court of Appeals recently held that use of certain technologies on a websites in order to track and record web session data before obtaining affirmative consent may be a...more
WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - The collection and storage of sensitive data can not only invite the attention of government agencies, but also that of putative class action plaintiffs. Government inquiries,...more
How it began: A woman used her smartphone to browse once for accessories on her favorite retailer’s website. How it’s going: The retailer and an online consumer tracking software company find themselves in the long slog of...more
Since the beginning of 2021, more than two dozen class action cases have been filed in Florida state court under Florida's Security of Communications Act. The act has, in some form, been on the books for more than 50 years....more
A class action lawsuit will proceed against Google over its collection of data from users browsing in "incognito mode," as District Judge Lucy Koh denied Google's motion to dismiss on March 12, 2021. In Brown v. Google, Judge...more
When thinking about class action lawsuits, most people envision legal proceedings occurring in the United States. However, class and collective proceedings modeled after those in the U.S. are becoming increasingly popular...more