The Privacy Insider Podcast Episode 11: Signal and Noise: The New Administration, Privacy, and Our Digital Rights with Cindy Cohn of Electronic Frontier Foundation
Empowering Children in the Online Era with Katie Schumacher
Clinton Gary of CREDO Consulting on Collaborative Growth: A Guide for CMOs and Managing Partners - Passle's CMO Series Podcast EP152
Ad Law Tool Kit Show – Episode 10 – Website Accessibility
ADA Website Accessibility: Insights and Updates — The Consumer Finance Podcast
Privacy Litigation Trends: Meta Pixels, Cookie Opt-Out, and Sale of Data
Data Revolution: How U.S. Privacy Laws Change the Way Data Should be Managed by Retail and Tech Industries
Web-based Tracking Technology and AI: HIPAA Compliance Issues for Health Care Practices
Mikkel Keller Stubkjær of Novicell UK on Composable Architecture and Why it Benefits Your Firm - Passle's CMO Series Podcast
There's still time to register for the CMO Series Webinar: Composable Architecture and Why it Benefits Your Firm
2023 DSIR Deeper Dive: Pixel & Other Website Technologies
The Briefing: Zillow Loses Second Round of Copyright Fight
Podcast Episode 187: Will AI Kill SEO?
CMO Series EP100 - Celebrating 100 episodes and exploring the future of professional services marketing
Podcast Episode 183: Initiating Change
Behind the Scenes of a Legal Rebrand with Erica Roman of Cole Schotz - Passle's CMO Series Podcast
Podcast Episode 180: Building & Leveraging Your Brand Through Social Media
Podcast Episode 177: How to Ignite or Recharge Your Business Development Efforts
AI: Impact and Use in the Financial Services Industry – Crossover Episode with Regulatory Oversight Podcast - The Consumer Finance Podcast
DE Under 3: Job Search Website Operator Agrees to Settle Numerous EEOC National Origin Discrimination Charges
A recent decision from the Northern District of California may signal an important shift in the trend of how courts interpret “consent” under the Video Privacy Protection Act (VPPA). In Lakes v. Ubisoft, Inc., No....more
The Ninth Circuit sitting en banc has greatly expanded the reach of personal jurisdiction by holding that e-commerce companies can be sued in any state where their platforms interact with users, even without differential...more
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
The Second Circuit Court of Appeals upheld the dismissal of a proposed class action against Flipps Media (now Triller TV), ruling that the company did not violate the federal Video Privacy Protection Act (VPPA) by sharing...more
On April 3, 2025, the Sixth Circuit Court of Appeals affirmed the dismissal of a plaintiff’s Video Privacy Protection Act (“VPPA”) lawsuit brought against Paramount Global (“Defendant”). In Salazar v. Paramount Global, Mr....more
In Briskin v. Shopify, Inc., No. 22-15815, 2025 U.S. App. LEXIS 9410 (9th Cir. Apr. 21, 2025), the United States Court of Appeals for the Ninth Circuit, sitting en banc, held that the Canada-based company Shopify, Inc....more
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
Well-drafted and enforceable terms of use are an essential risk management tool for any business, particularly e-commerce sellers and online service providers. Despite their importance, however, terms of use are often...more
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
In Briskin v. Shopify, Inc., the Ninth Circuit Court of Appeals, sitting en banc, reversed a district court’s dismissal of a proposed data privacy class action for lack of personal jurisdiction. In applying traditional...more
In two recent rulings, judges in the U.S. Northern District of California have allowed proposed class actions under the California Consumer Privacy Act (CCPA) to proceed without an allegation of a data breach, departing from...more
In late March, an online retailer successfully asserted consent as a complete defense to a putative Pennsylvania Wiretapping and Electronic Surveillance Control Act of 1978 (WESCA) class action lawsuit, resulting in the...more
If you are “tester” who actively seeks out privacy violations and files lawsuits to ensure legal compliance (as many class action lawsuit plaintiffs are), you do NOT have Article III standing to sue, according to a recent...more
The California Invasion of Privacy Act continues to be a focal point for privacy litigation, particularly concerning website tracking practices. A recent case, Gabrielli v. Insider Inc. sheds new light on whether collecting...more
Welcome to the twentieth installment in our monthly data privacy litigation report. We prepare these reports to provide updates on how courts in the United States have handled emerging data privacy trends. After our expansive...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
In recent months, a wave of lawsuits has swept across the nation, targeting websites for allegedly violating state wiretapping laws through their use of tracking software. Despite none of these statutes explicitly addressing...more
On October 24, 2024, in a long-awaited decision in Vita v. New England Baptist Hospital, Massachusetts’ highest court snuffed out an attempt to use the state’s 1968 Wiretap Act to impose liability on a hospital system for its...more
Over the past year, lawsuits under the California Invasion of Privacy Act (“CIPA”) have gained significant momentum, and there’s no sign of them slowing down. Both state and federal courts in California are seeing a rise in...more
Businesses continue to be subjected to a steady stream of consumer class action lawsuits alleging improper collection or disclosure of information from their websites. A variety of laws and legal claims are used to support...more
Businesses operating public facing websites that employ data analytics software to track users’ website interactions must be aware of a novel use of the California Information Privacy Act (“CIPA”) that has taken the...more
As an onslaught of recent class actions allege, companies may be liable for eavesdropping and wiretapping based on the use of common analytics software on their platforms. For instance, in California, plaintiffs have filed...more
A new species of website privacy litigation has taken hold in 2024, based on arcane provisions of the California Invasion of Privacy Act (CIPA) that restrict law enforcement’s use of pen register or trap and trace devices...more
Joe Alves filed a class-action complaint against BJ’s Wholesale Club, alleging that BJ’s uses computer code, called Session Replay Code (SRC), to secretly record consumer activity on BJ’s website. Alves claims that BJ’s...more
Some common digital marketing techniques used by PEOs have become the recent target of data security litigation – and you should consider taking mitigating measures if your PEO deploys these strategies to put yourself in a...more