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Klein Moynihan Turco LLP

CIPA Arbitration Demands

Readers may recall prior pieces in which we discussed a pair of law firms responsible for bringing California Invasion of Privacy Act (“CIPA”) arbitration demands against online businesses. These CIPA arbitration demands...more

Jackson Lewis P.C.

District Court Upholds Browsewrap Agreements in Pennsylvania Wiretap Class Action

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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

Kelley Drye & Warren LLP

California Senate Public Safety Committee Advances Pro-Business Amendment to CIPA

On April 29, 2025, the Senate Public Safety Committee voted 6-0 to advance legislation that would exempt processing of personal information for a commercial business purpose from coverage by the California Invasion of Privacy...more

Skadden, Arps, Slate, Meagher & Flom LLP

District Court Rulings Could Signal Expansion of California Consumer Privacy Right of Action

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

Ice Miller

The Continuing Saga of Ad Tracking Litigation: What Businesses Need to Know

Ice Miller on

Recent months have seen a dramatic increase in demand letters and litigation targeting websites and mobile apps. These claims often allege privacy violations stemming from the use of various technologies such as chat bots,...more

Klein Moynihan Turco LLP

Pennsylvania Wiretap Claim Dismissed

An oft-discussed topic on this blog is the rise in lawsuits asserting illegal wiretapping claims against companies that use technology on their websites to track consumer interactions. Recently, a Pennsylvania federal judge...more

Mayer Brown

Children’s Online Privacy: Recent Actions by the States and the FTC

Mayer Brown on

AT A GLANCE - As the digital world becomes an integral part of children's lives, state legislatures are placing greater emphasis on regulating how companies handle children’s personal information. This Legal Update...more

Robinson+Cole Data Privacy + Security Insider

Is Your Business Trapped? The Rise of “Trap and Trace” Litigation

Almost every business has a website; every website should have a privacy policy, terms of use, and, in some cases, a consumer privacy rights notice—if certain state consumer privacy rights laws apply to your business, such as...more

McDermott Will & Emery

Data Privacy and Cybersecurity in 2025: Website Tracking

McDermott Will & Emery on

Following our recent client alert, learn more about enforcement targeting website tracking technologies and the impact on organizations in 2025. Elliot Golding and David Saunders share further insights from working with...more

Lathrop GPM

AI & Privacy Laws are Changing Fast - Are Your Websites, Mobile Apps and Contracts Keeping Up?

Lathrop GPM on

The new year serves as a reminder that – at least annually – businesses of all sizes should review their websites, applications and other data-related resources to ensure that they are up to date. Scheduling a regular cadence...more

McDermott Will & Emery

Data Privacy and Cybersecurity Developments We Are Watching in 2025

The act of predicting what will become the dominating storyline of data privacy and cybersecurity in 2025 is a hazardous enterprise, as one is almost surely to get something wrong. Without fail, every year, regulators and the...more

Bricker Graydon LLP

Oh My Gourd, Another Data Privacy Law?! 

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In 2018, there were two comprehensive state data privacy bills introduced across the United States and a whopping zero were in effect. Fast forward six years and there have been 41 new data privacy bills considered this year...more

BakerHostetler

ANA Children’s Advertising and Privacy Roundup

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The Association of National Advertisers (ANA) held its annual Masters of Advertising Law Conference November 11-13 in sunny Scottsdale, Arizona, and wow, children’s advertising and privacy was a hot-button topic at the...more

Sheppard Mullin Richter & Hampton LLP

Promising Decision in Wiretapping Case, Win for Businesses

Those tracking CIPA litigation are familiar with the recent decision holding in favor of a company whose site had an online chat operated by a vendor. The court in that case held (1) that the company had not violated the...more

Womble Bond Dickinson

The Cookies that May Bite Back

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Would you like some milk with those website cookies? We know the common privacy joke. However, website cookies and online tracking technologies (collectively, “cookies”) are increasingly no joking manner as they can create...more

Sheppard Mullin Richter & Hampton LLP

NY AG Releases Website Privacy Guides for Businesses and Consumers

New York Attorney General Letitia James recently released guidance for businesses and consumers about website tracking technologies. The consumer guide provided examples of common cookies, tracking technologies, and how...more

BakerHostetler

Northern District of Texas Flashes the ‘Blue Lights’ on OCR’s Pixel Guidance

BakerHostetler on

On June 20, 2024, the Northern District of Texas issued its final order in American Hospital Association, et al. v. Becerra, et al. (AHA), granting the plaintiffs’ (the American Hospital Association, two Texas health systems...more

Proskauer on Privacy

Court Rejects Claims that Website’s Live Chat Feature Violates California’s Prohibitions on Wiretapping and Eavesdropping

Proskauer on Privacy on

Central District of California dismisses lawsuit alleging that a third-party’s interception of communications over a website’s live chat feature violated California’s wiretapping and eavesdropping prohibitions. ...more

White & Case LLP

Recent Proliferation of Lawsuits Under New Jersey’s Daniel’s Law

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Plaintiffs' attorneys recently have filed a series of lawsuits in New Jersey, seeking damages based on alleged violations of Daniel's Law (N.J. Stat. § 56:8-166.1). The suits allege that various website operators have...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California’s Privacy Laws: Financial and Medical Data, Website Usage, Children’s Data, Data Brokers, and Customer Records

California has a long history of protecting privacy rights. Article I, Section 1, of the California Constitution expressly provides a right of privacy. Recently, the focus has been on compliance with the California Consumer...more

Benesch

New Strain of Web Tracking Suits Pose Risks For Retailers

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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 illegally...more

Benesch

Privacy Points 2024: Recap and What to Watch For in 2024

Benesch on

Last year proved to be a big year in data protection with U.S. state data protection laws popping up across the country, the FTC updating its guidance and regulations on everything from data breaches and biometric...more

Sheppard Mullin Richter & Hampton LLP

Bookmark This!: Colorado Launches Universal Opt Out Mechanism List

In anticipation of July 1, 2024, requirements to allow consumers the ability to use “universal opt out mechanisms” in certain circumstances, Colorado has posted its “universal opt out shortlist.” The list is indeed short....more

DarrowEverett LLP

As Wiretap Act Claims Abound, ‘Submarine’ Counterattack Launched

DarrowEverett LLP on

The proliferation of class action lawsuit and arbitration claim filings under the Federal Wiretap Act and various state wiretap statutes has recently grown beyond California, as other states are now beginning to see more...more

Sheppard Mullin Richter & Hampton LLP

The Rough Waters of Website Accessibility

Companies are continuing to find it hard to navigate the legal landscape of website accessibility. Plaintiff’s lawyers argue that “inaccessible” websites or mobile apps fail to comply with the Americans With Disabilities Act...more

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