News & Analysis as of

Summary Judgment Data Collection

Ervin Cohen & Jessup LLP

A Temporary Victory: What the New Anthropic and Meta Rulings Actually Reveal About a Fair Use Defense for Companies Accused of...

Until two weeks ago, no U.S. court had ruled on whether training generative AI models on copyrighted works could constitute a fair use, or if the simple act of training such models without a license would constitute copyright...more

Pierce Atwood LLP

Massachusetts Federal Court Grants Summary Judgment to Media Company in VPPA Suit

Pierce Atwood LLP on

In March 2025, we reported that the District of Massachusetts had denied class certification of the plaintiff’s Video Privacy Protection Act (VPPA) claims in Therrien v. Hearst Television Inc. for failure to meet the implied...more

Kilpatrick

Illinois Federal Court Dismisses BIPA Claim Against Hyundai Over Driver Monitoring Technology

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A federal court in Illinois has dismissed a class action suit filed under the Illinois Biometric Information Privacy Act (BIPA), finding that Hyundai did not “collect, capture, or otherwise obtain” biometric data by use of...more

Venable LLP

Court Holds That Anthropic’s Training of AI Using Legally Obtained Books Is Fair Use, but Storage of Pirated Books Is Not

Venable LLP on

On June 23, 2025, Judge Alsup in the Northern District of California issued an order in Bartz et al. v. Anthropic PBC, granting in part and denying in part Defendant Anthropic’s motion for summary judgment on the sole issue...more

Jackson Lewis P.C.

District Court Upholds Browsewrap Agreements in Pennsylvania Wiretap Class Action

Jackson Lewis P.C. on

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

Klein Moynihan Turco LLP

Major CIPA Wiretap Decision!

California Invasion of Privacy Act (“CIPA”) wiretapping claims against online businesses are topics with which our readers are well-versed. Inconsistent court decisions about whether wiretapping claims under CIPA apply to the...more

CDF Labor Law LLP

Navigating CIPA: Recent Court Decisions and Potential Legislative Reform

CDF Labor Law LLP on

Companies doing business in California continue to face a surge in privacy-related complaints and lawsuits under the California Invasion of Privacy Act (CIPA), a 1960s-era law designed to prevent unlawful telephone...more

Fisher Phillips

California Court Rejects Attempt to Expand Third-Party Eavesdropping Claims to Internet Communications: How Your Business Can...

Fisher Phillips on

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

BakerHostetler

Surprise Move: Judge Walks Back AI Copyright Ruling in Thomson Reuters v. ROSS

BakerHostetler on

Thomson Reuters v. ROSS, 1:20-cv-00613-SB, is the first district court case to address fair use and copyright infringement related to training AI models. Judge Bibas granted summary judgment of no fair use upon a balancing of...more

Klein Moynihan Turco LLP

Major CIPA Victory!

Klein Moynihan Turco LLP on

Readers of this blog are aware of the never-ending stream of lawsuits alleging that the use of third-party tracking technology to collect consumer data on company websites is tantamount to illegal wiretapping in violation of...more

Ballard Spahr LLP

Plaintiffs free to appeal CFPB 1071 Rule after some plaintiffs drop their CFPB unlawful funding claim

Ballard Spahr LLP on

On August 26, 2024, Chief Judge Randy Crane in the E.D. Texas granted summary judgment to the CFPB, denied summary judgment to the trade groups and upheld the CFPB’s 1071 Rule (small business loan data collection rule)....more

Ballard Spahr LLP

Kentucky Court Grants a Stay of Case Pending a Decision in the Texas Small Business Lending Lawsuit

Ballard Spahr LLP on

On August 7, 2024, the U.S. District Court for the Eastern District of Kentucky granted the CFPB’s motion to stay the small business lending rule litigation before the court until resolution of the similar case pending in the...more

Farella Braun + Martel LLP

Major Decision Affects Law of Scraping and Online Data Collection, Meta Platforms v. Bright Data

On January 23, 2024, the court in Meta Platforms Inc. v. Bright Data Ltd., Case No. 3:23-cv-00077-EMC (N.D. Cal.), issued a summary judgment ruling with potentially wide-ranging ramifications for the law of scraping and...more

Perkins Coie

$228M Verdict in First Illinois Biometric Information Privacy Act Trial

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After a five-day trial and only an hour of deliberation, the nation’s first trial under the Illinois Biometric Information Privacy Act (BIPA) ended with a bang. The jury found that the defendant, BNSF Railway Company,...more

Farrell Fritz, P.C.

Cheat Sheet For Effective Search Terms

Farrell Fritz, P.C. on

A prior post (Keyword Searching – What is it? And How Do I Do It (Well)?) offered some tips for crafting effective search terms for use in the e-discovery process. Although those tips still hold true, today’s blog offers ways...more

Pillsbury - Policyholder Pulse blog

The Duty to Defend a Privacy Claim Arises from Even Limited Publication of Biometric Identifiers

Do general liability policies provide coverage for limited disclosures of biometric data, such as fingerprints? The Illinois Supreme Court has concluded that they do. In a unanimous decision, the Illinois Supreme Court...more

Jones Day

D.C. Court Sets Deadline to Submit EEO-1 Employee Pay Data

Jones Day on

The Situation: The United States District Court for the District of Columbia has set September 30, 2019, as the deadline for certain employers to submit EEO-1 Component 2 pay data for 2017 and 2018. Between now and then, the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - October 2018

In this month's edition of our Privacy & Cybersecurity Update, we examine the European Data Protection Board's published opinions on data protection impact assessments, an Ohio court's ruling that bitcoin is covered insured...more

Proskauer - New Media & Technology

Facebook Granted Dismissal of Biometric Privacy Claims Brought by “Non-Users”

This week, the District Court for the Northern District of California dismissed the Gullen putative class action asserting Illinois biometric privacy claims brought by “non-users” based on evidence that the social media site...more

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