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?
California Ballot Initiative Aims to Make Consumer Data Private by Default
In a significant move to enhance consumer privacy and promote transparency in digital practices, the New York State Attorney General recently published two critical guides: “Website Privacy Controls: A Guide for Business” and...more
This week, the New York Attorney General issued two privacy guides—one for businesses and one for consumers—outlining online tracking and privacy controls for websites and browsers....more
On July 15, 2024, the Office of the New York State Attorney General (OAG) published website privacy control guidance focused on cookies and other tracking technologies. The guidance identifies common deficiencies and...more
Future LLC, a magazine and website publisher and owner of the TechRadar.com website, faces allegations that it collected website visitors’ IP addresses without consent in violation of the California Invasion of Privacy Act...more
Keypoint: Two California state court decisions have addressed motions to dismiss claims under the novel “pen registry” and “tap and trace” theories, but reached different outcomes after finding different policy considerations...more
Class-action lawyers are adapting their legal tactics, moving away from suing companies under California's wiretap law and instead focusing on a new legal claim: the pen register theory....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
This post is part of a series of articles we are doing on 2023 data protection litigation trends. 2023 saw a rise in class action litigation related to internet tracking technology employed by companies to enhance user...more
This breakout series will discuss the latest U.S. privacy compliance programs, and how trends such as sale opt-out and cookie banners are part of the “data revolution”. The series will also cover the intersection of...more
Numerous new website technologies and tools allow companies to more effectively interact with their customers. These include chatbots, session recording software, tracking pixels (snippets of code that can be used to identify...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
What You Need To Know In A Minute Or Less - The rise in session replay litigation has paved the way for a new wave of website privacy lawsuits: pixel tool litigation. Plaintiffs have increasingly challenged the use of this...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
What You Need To Know In A Minute Or Less - Throughout this series, we have discussed the recent surge of session replay lawsuits—particularly in Pennsylvania, California, and Florida—and the potential for these cases to...more
Health privacy has been a Federal Trade Commission (FTC) priority for decades, and indeed, one of its very first privacy cases, in the early 2000s, involved the inadvertent sharing of user health data. Fast-forward a few...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
Class Action Lawsuits Stemming From Use of Session Replay Software Are on the Rise - In an effort to enhance customer experience, many businesses and institutions have their public-facing websites collect information with the...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
Following a recent decision, the Third Circuit Court of Appeals breathed new life into Pennsylvania consumer claims that the practice of tracking a customer’s movements on a company’s website violates Pennsylvania’s...more
According to a recent unpublished Ninth Circuit ruling, failure to obtain consent prior to using recording technologies is not sufficient for purposes of the California Invasion of Privacy Act (CIPA). This ruling is notable...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
Hong Kong proposes to widen the current definition of “personal data” to cover not just “identified” persons but also “identifiable” persons. The amendment is expected to cover the use of online tracking technologies such as...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
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
This week’s Online Travel Update features updates to a number of stories that we covered previously – online vaccination records, Apple’s privacy policy and the many challenges associated with regulating online platforms’...more