The Video Privacy Protection Act became law decades ago, at a time when consumers physically visited and then rented movies on VHS tape or DVD at video rental stores. The impetus for the law was protecting the privacy of...more
In a move that could reshape privacy law nationwide, the U.S. Supreme Court announced on January 26, 2026, that it will take up a challenge to the Sixth Circuit’s recent decision affirming the dismissal of a case under the...more
Key point: In this post: (1) increase in ECPA litigation as courts extend “crime tort” exception beyond health care; (2) service provider wins again against wiretapping claim; (3) defendants lose standing arguments in federal...more
On January 26, the U.S. Supreme Court granted a petition for a writ of certiorari in a case that turns on how the term “consumer” is defined under the Video Privacy Protection Act (VPPA). The ultimate question for the...more
On January 26, the U.S. Supreme Court granted certiorari in Michael Salazar v. Paramount Global (d/b/a 247Sports), No. 25-459, to decide a threshold question under the federal Video Privacy Protection Act (VPPA): who...more
The US Supreme Court has granted certiorari in Salazar v. Paramount Global, No. 25-459, to decide a consequential question at the intersection of privacy litigation and digital media: who qualifies as a “consumer” under the...more
On January 26, 2026, the Supreme Court granted the petition in Salazar v. Paramount Global (Case No. 25-459) to address “[w]hether the phrase ‘goods or services from a video tape service provider,’ as used in the [Video...more
On January 26, 2026, the U.S. Supreme Court granted certiorari in Salazar v. Paramount Global to clarify the scope of the Video Privacy Protection Act (“VPPA”) and resolve a circuit split on the issue. See Salazar v....more
The Supreme Court has agreed to address a critical threshold question under the Video Protection Privacy Act (“VPPA”), a decades-old law governing how video-viewing information may be shared: who qualifies as a “consumer”...more
On January 26, 2026, the Supreme Court of the United States granted certiorari in one case: Salazar v. Paramount Global, No. 25-459: This case interprets the Video Privacy Protection Act (“VPPA”), a 1988 federal law that...more
This morning, the Supreme Court granted a petition asking it to determine whether the Video Privacy Protection Act (“VPPA”) applies to consumers who subscribe to non-audiovisual content, such as a digital newsletters, rather...more
Virtual power purchase agreements (VPPAs) are classified as swaps under the Commodity Exchange Act (CEA). All firms engaging in VPPAs are obligated to comply with certain CFTC regulations, including non-financial firms...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 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
Litigation targeting website tracking technologies—such as cookies, pixels, session replay, and analytics tools—remains a major risk for businesses in 2025 and beyond. Courts continue to shape the boundaries of liability,...more
A recent decision by the U.S. District Court for the Western District of Michigan has expanded the interpretation of who may qualify as a “video tape service provider” under the Video Privacy Protection Act (VPPA), 18 U.S.C....more
In this post: (1) Courts find cookie banners and sign-in banners place users on notice of privacy policy; (2) but policy must explicitly notify users of practice to establish consent; (3) Courts disagree whether disclosure of...more
Welcome to our newsletter with the latest legal news in sports from the Courtside Counsel. Our team of attorneys is actively monitoring the news for need-to-know legal developments and issues involving the sports industry....more
In this post: (1) The 9th Circuit tightens what “harm” a plaintiff must suffer to have standing; (2) the D.C. Circuit adds to growing circuit split on defining “consumers”; (3) Three courts find plaintiffs consented via...more
Introduction - In 2025, privacy and AI regulation have moved from the sidelines to the center of business risk and strategy. U.S. states are rapidly enacting a patchwork of privacy laws, with new AI laws emerging and...more
In the wake of an explosion in digital privacy litigation, courts and legislatures are redrawing some of the boundaries of what qualifies as unlawful data collection under decades-old statutes. Claims brought under...more
A tidal wave of increased class action activity is breaking in New England courts. Through the first six months of 2025, total class action filings in First Circuit federal and state courts across New England have already...more
Despite the avalanche of lawsuits and enforcement actions related to tracking technology, companies can take at least some solace in a recent decision curtailing Video Privacy Protection Act (VPPA) lawsuits. On July 28, the...more
Professional swimmers have reached a settlement ending their claims accusing the sport’s international governing body of organizing a group boycott against an upstart league, while the league’s antitrust claims against the...more