A significant and rapidly developing split has emerged among federal district courts regarding whether claims under the Electronic Communications Privacy Act (ECPA) can advance based on the use of common website tracking...more
If HBO’s writer’s room is looking for its next prestige drama, then they should look no further than the Brooklyn family feud. Brooklyn Beckham, the first son of David and Victoria Beckham, took to his Instagram story to...more
Plaintiffs (Jane Roe and John Doe) sued defendants, a daughter and mother, pseudonymously as “Jenna Smith” and “Mother Smith.” Jenna and Mother Smith told other students that John had sexually assaulted Jenna and Jane...more
Key point: In this post: (1) “Broken banner” claims proceed past pleading stage; (2) Courts continue to reject arguments that pen registers are limited to telephones but hope remains; (3) Offering movie trailers on websites...more
The past year was a busy one for privacy litigation: Website tracking litigation gained momentum. Plaintiffs repurposed legacy wiretap and video privacy statutes to target pixels, chat bots, and other AI-enabled user tools....more
In RateMDs Inc. v. Bleuler, 2025 BCCA 329, the BC Court of Appeal overturned certification of a proposed privacy class action, finding that the plaintiff's novel claims that use of health professionals' names violated their...more
In the recent decision, of Lewis v. Kalbhen, 2025 IL App (1st) 242110, the Illinois Appellate Court, First District, reaffirmed and meaningfully expanded the scope of the absolute litigation privilege, providing important...more
In this post: (1) Selection of law in a choice-of-law forum can defeat privacy claims; (2) The Arizona Court of Appeals shuts down “spy pixel” litigation; (3) Multiple decisions provide guidelines as to when claims are likely...more
Salve Chipola, III v. Sean Flannery, (A-2-24) (088836) (August 7, 2025) - The New Jersey Supreme Court ruled that the one-year statute of limitations for defamation claims equally applies to false light claims. Due to the...more
I grew up in a different time. When I was 18 we didn't have computers (for the most part) or online dating sites such as eHarmony, Bumble, Match, Dating.com, and the whole slew of other niche dating sites....more
In this post: (1) California courts split on personal jurisdiction post-Briskin; (2) District courts dismiss VPPA claims against movie theaters & online platforms; (3) ND Cal courts find “crime-tort” exception met in...more
On 10 June 2025, the new statutory tort for serious invasions of privacy came into force as part of a suite of privacy reforms passed last year, substantially enhancing privacy protections and signalling a material shift in...more
In late 2024, the Australian Government enacted a series of reforms to the Privacy Act 1988 (Cth). The new statutory tort for serious invasion of privacy was introduced and passed under the Privacy and Other Legislation...more
On February 10, 2025, a class action lawsuit was filed against an online retailer under the Washington My Health My Data (MHMD) Act’s private right of action. The complaint also alleges violations of federal wiretapping and...more
How should multiple claimants seek compensation for alleged data misuse? It had originally been thought that the answer might be a representative action; an “opt-out” procedure enabling a single claimant to bring proceedings...more
On 12 September 2024, the long awaited statutory tort for serious invasions of privacy has been revealed in Schedule 1 to the Privacy and Other Legislation Amendment Bill 2024 (Cth) (the Privacy Bill). Please see our previous...more
The Supreme Court of Canada’s Denial of Leave to Appeal in the Intrusion Upon Seclusion Trilogy - On July 13, 2023, the Supreme Court of Canada denied leave to appeal from three Ontario Court of Appeal decisions declining...more
Using social media as a weapon to harm your spouse, whether intentionally or unintentionally, during the pendency of a divorce case can have serious negative consequences. Courts may consider social media activity as evidence...more
Introduction - To many people’s surprise, it remains the case in Australia that individuals do not have a specific right to obtain compensatory damages for serious invasions of privacy, such as the sharing of intimate images...more
In a trilogy of rulings released on November 25, 2022, the Ontario Court of Appeal (“Court”) has ruled that the tort of intrusion upon seclusion cannot extend to companies that collect and store personal information and fall...more
In ES v Shillington, 2021 ABQB 739 [Shillington], the Alberta Court of Queen's Bench recognized the tort of public disclosure of private facts for the first time in Alberta. This decision expands remedies available to...more
Yenovkian v. Gulian, 2019 ONSC 7279 is a recent family law decision that is significant beyond the family law context, including in the employment law context. In this decision, Justice Kristjanson of the Ontario Superior...more
Springsteen. Sinatra. Chuck Wepner (for at least one night in 1975 and then through the “Rocky” avatar). At least some of the people that rest stops on the New Jersey Turnpike are named after. These public figures...more
According to the highest court in the state, Georgia state government does not have an inherent obligation to protect citizens’ personal or sensitive data like social security numbers or status on the unemployment rolls. This...more
Rojas v. HSBC Card Services Inc., 228 Cal. Rptr. 3d 640 (2018)- Summary: Installing recording device and recording calls on company phones renders actions intentional under California Invasion of Privacy Act. ...more