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Privacy World
Recently, the United States Court of Appeals for the Seventh Circuit, in a unanimous decision, prevented plaintiffs from imposing massive liability on a company accused of violating the Illinois Biometric Information Privacy Act (“BIPA”) and held that Illinois’ 2024 amendment decreasing BIPA damages applies retroactively. BIPA Background and 2024 Amendment Enacted in 2008, BIPA regulates...
April 2026 | Blog
This week, the Supreme Court of the United States agreed to hear an appeal concerning the definition of “consumer” under the Video Privacy Protection Act (VPPA), 18 U.S.C. § 2710; long one of the most frequently litigated privacy laws. If the Court affirms the lower court’s decision, it will defeat yet another attempt by the...
February 2026 | Blog
For years, one of the most frequently litigated privacy laws has been the Video Privacy Protection Act (“VPPA”), 18 U.S.C. § 2710, a federal statute enacted in 1988 in response to the disclosure of then-Supreme Court nominee Robert Bork’s videotape rental history by a video store to a reporter, who published the list. Despite its...
December 2025 | Blog
One of the most significantly litigated areas of privacy law is biometric privacy. Tools that collect biometric information and biometric identifiers—including facial geometries, fingerprint scans, and voiceprints—are increasingly common for businesses across industries. Unfortunately, such tools in recent years have become focuses of the plaintiffs’ bar. 2025 saw continued developments in litigation under Illinois’ Biometric...
Last month, the United States Court of Appeals for the Third Circuit, in an unpublished decision, undercut the latest attempt of the plaintiffs’ bar to penalize the common business practice of using tracking pixels on websites. These pixels are pieces of code created by third-party advertisers and analytics companies that can collect information about website...
Mass arbitrations—where a plaintiffs’ firm brings dozens, hundreds, or thousands of identical claims against a business—is a mechanism increasingly relied upon by the plaintiffs’ bar in the past few years. This is because mass arbitrations enable a plaintiffs’ firm to create settlement pressure by leveraging unavoidable arbitration fees borne by a business regardless of the...
A Domino’s customer may proceed in her putative class action for violations of the California Invasion of Privacy Act (CIPA) against ConverseNow for its provision of an AI virtual assistant that processes restaurant telephone orders. In Taylor v. ConverseNow Technologies, Inc., Case No. 25-cv-00990-SI, 2025 WL 2308483 (N.D. Cal. Aug. 11, 2025), the Court held...
This fall, a federal court in California granted summary judgment in favor of a website operator for alleged violations of the California Invasion of Privacy Act (CIPA). In its decision, the Court emphasized that it was “virtually impossible” to apply CIPA to internet communications and urged the California legislature to “step up” and “speak clearly”...
Over the past year, there has been an explosion of lawsuits targeting website analytics and tracking tools. One recent decision brought businesses another victory in challenging lawsuits alleging violations of the California Invasion of Privacy Act’s (CIPA)’s prohibition against use of “pen registers” and “trap and trace devices.” Cal. Penal Code § 638.51. In a recent...
In early October, a federal court in the Northern District of Illinois refused to dismiss a privacy litigation brought against a healthcare website operator for claims under the Electronic Communications Privacy Act (ECPA). The court held that the plaintiff plausibly alleged that Defendant violated the Health Insurance Portability and Accountability Act (HIPAA) by revealing to...
Earlier this fall, the United States Court of Appeals for the Second Circuit undermined a strategy often used by the plaintiff’s bar in privacy claims: the threat of mass arbitration fees. In a decision reversing the district court, the Second Circuit held that the petitioners cannot use the Federal Arbitration Act (FAA) to compel arbitration...
Publication
August 2024 | Americas
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