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In Shah v. Capital One Financial Corporation, the Northern District of California handed down a ruling that may shape the trajectory of litigation involving tracking technologies, online privacy policies, and California’s...more
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
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
While data from mobile devices is more frequently responsive in civil litigation than ever before, “true crime” aficionados know it’s routinely useful in criminal investigations. We take our devices with us and use them...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
It is hard to believe that we are starting the 25th year of the 21st century. The rapid evolution that technology, privacy and data security have undergone these last 25 years is mindbending. Yet, as we enter 2025, it still...more
When you use your cellphone to search for businesses near you, you may opt into data collection about your location with an accuracy of within a few hundred feet. Often, unless you affirmatively opt out later, that data...more
With the increase in AI-related litigation and regulatory action, it is critical for companies to monitor the AI technology landscape and think proactively about how to minimize risk. To help companies navigate these...more
Perhaps no use case better exemplifies the rapidly evolving privacy law landscape in the US than the legal framework surrounding companies’ use of cookies, pixels, and other web trackers. The 119th Congress brings new...more
To paraphrase Animal Farm, all pixels are not created equal, but some pixels are more privacy invasive than others. Here are some recent points I made during a presentation to some of my firm’s litigators:...more
The Office of the Australian Information Commissioner recently issued practical guidance on how to deploy tracking technologies (pixels) in a privacy compliant manner under the Australian Privacy Law....more
The EDPB released guidance last month to help companies understand their obligations when using newer tracking tools. These include pixels, URL tracking, IP-tracking, and the like. First, some background: an EU law that...more
This series of blogs rounds up some of the key data protection regulatory trends we have seen during 2024, focused on the EU and UK. 2024 has seen behavioural advertising and cookies continue to dominate the agenda of data...more
Today, encountering a cookie banner is a common experience for most individuals who peruse the internet. These banners inform website users of the presence of cookies or other tracking technologies through language such as,...more
Recently filed class action complaints allege that companies that utilize embedded trackers within emails, or “spy pixels” as the plaintiffs are calling them, violate Arizona law because they collect a “communication service...more
The world of digital advertising is always changing. Google’s recent move to delay the end of third-party cookies gives us a bit more time, but the push for better user privacy and data protection is here to stay. In this...more
In a consequential decision for Health Insurance Portability and Accountability Act (HIPAA)-regulated entities, on June 20, 2024, the US District Court for the Northern District of Texas ruled in American Hospital Association...more
On June 20, 2024, a Texas federal court vacated the Office for Civil Rights’ (OCR's) controversial guidance concerning Use of Online Tracking Technologies by HIPAA Covered Entities and Business Associates, available here....more
A new genre of class action privacy litigation has landed in Arizona. Several class action lawsuits were recently filed alleging email tracking using “spy pixel” trackers, allegedly in violation of the Arizona Telephone...more
In the privacy world, pixels, cookies, and tracking technologies get all the attention these days. Plaintiffs and regulators alike have been working to persuade courts nationwide that the presence of third-party tracking...more
Pixels, cookies, and trackers continue to be front of mind for HIPAA regulated entities seeking clarity on their ability to advertise, market, and engage with existing and prospective patients. On March 18, 2024, the U.S....more
In the latest example of privacy laws being stretched to fit new digital technologies, plaintiffs have begun to file a flurry of suits alleging that retailers are using “pen register” and “trap and trace” software to...more
The CPPA, the California regulatory body charged with enforcing CCPA, recently released draft regulations for use of automated decisionmaking technology. The draft comes under the law’s requirements for the agency to issue...more
Report on Patient Privacy 23, no. 11 (November, 2023) The American Hospital Association (AHA) is urging federal lawmakers to intervene with the HHS Office for Civil Rights (OCR) so that hospitals and health systems can...more
On November 2, 2023, the American Hospital Association and Texas Hospital Association, in conjunction with the Texas Health Resources and United Regional Health Care System, filed suit against the Secretary of the Department...more