News & Analysis as of

Wiretap Act Corporate Counsel

BCLP

Federal Court Rejects Motion to Dismiss Wiretap Claims Using HIPAA to Support Crime-Tort Exception Allegations

BCLP on

It has now become commonplace for Plaintiffs’ attorneys to bring claims alleging that routine marketing techniques, including the deployment of behavioral advertising cookies and pixels, constitute wiretaps in violation of...more

Manatt, Phelps & Phillips, LLP

Federal Wiretap Act: Illinois Court Rejects Claim Over Hospital Deploying Website Analytics Tools

Wiretapping claims have become the focus of the privacy plaintiff’s bar. These cases are everywhere, and the hospital industry in particular has been in the crosshairs of recent filings (with as many as a couple of dozen new...more

BCLP

Is your website violating California's Wiretap Act?

BCLP on

Retailers, financial services firms, and many other companies utilize third party session replay software to maintain a record of interactions with visitors to their websites for a variety of useful purposes, including to...more

Davis Wright Tremaine LLP

C Is for Cookie Lawsuit: Google Accused of Wiretap Act Violations for Collection of Web Browsing Data

A new class action against Google in federal court in San Jose, Calif., claims that Google's collection of web browsing data from individuals who have enabled "private browsing mode" violates the Federal Wiretap Act, 18...more

Mintz - Privacy & Cybersecurity Viewpoints

Alleged Privacy Law Violations Create Potential $5 Billion Issue For Google

In a proposed class action lawsuit filed in the U.S. District Court for the Northern District of California, Google is facing a potential $5 billion class action for alleged privacy law violations. The complaint alleges that...more

Proskauer - Labor Relations Update

NLRB GC Issues Guidance Memo Laying Out Changes to Evidence Collection in Unfair Labor Practice Investigations

NLRB General Counsel Peter Robb issued a Memorandum on June 17th setting forth new guidelines for how Regions conduct unfair labor practice investigations—specifically, how Regions secure the testimony of former supervisors...more

Kelley Drye & Warren LLP

Court Says Headphone App Not Eavesdropping, But May Be Deceptive

A federal judge allowed a class-action lawsuit alleging Bose collected and shared data about its headphone users to proceed last week on the basis of deceptive advertising. The decision underscores the risks that internet of...more

Alston & Bird

Supreme Court Denies Cert in Leading Case on Internet Tracking and Analytics

Alston & Bird on

The Supreme Court recently declined to review In re Google Inc. Cookie Placement Consumer Privacy Litigation—a consolidated class action alleging that Google and third-party advertisers evaded web browser privacy settings,...more

Mintz - Privacy & Cybersecurity Viewpoints

Alleged Wiretap Act and CIPA Violations Held to Satisfy Spokeo Test for Standing in Latest Gmail Privacy Class Action

In the wake of the Supreme Court’s decision in Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), lower courts have begun to address whether alleged violations of statutes intended to protect privacy suffice, in the absence of...more

Fenwick & West LLP

Litigation Alert: The Sixth Circuit Expands Potential Federal Wiretap Act Liability for Developers and Sellers of Cloud-Based...

Fenwick & West LLP on

Last week, the Sixth Circuit expanded potential liability for violations of the Federal Wiretap Act for manufacturers of devices that can be used for wiretapping, like monitoring software, in reversing the dismissal of a...more

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