Litigation

On December 11, President Trump signed an Executive Order on “Ensuring a National Policy Framework for Artificial Intelligence” (“AI Preemption EO”), the culmination of months of efforts by Republican lawmakers to assert federal primacy over AI regulation.  The AI Preemption EO, which follows the release of a draft version in

Continue Reading President Trump Signs Executive Order to Block State AI Laws

Last week, the Third Circuit affirmed dismissal of a putative class action asserting that defendant Quest Diagnostics violated the California Invasion of Privacy Act (“CIPA”) and the Confidentiality of Medical Information Act (“CMIA”) by employing a website pixel to track and collect data about their website activity for advertising purposes.

Continue Reading Third Circuit Affirms Dismissal of CIPA and CMIA Claims

According to reports published on November 19, the White House has prepared a draft Executive Order to preempt state AI regulations in lieu of a uniform national legislative framework, marking a significant escalation in federal efforts to assert control over AI regulation.  The draft Executive Order, titled “Eliminating State

Continue Reading White House Drafts Executive Order to Preempt State AI Laws

If you are the general counsel of a Fortune 500 company, you might be excused if you express bewilderment in response to reports about the successes of U.S. “tort reform.” In the past 5-8 years, both the plaintiffs’ bar and governmental authorities seem to have added an extra digit to

Continue Reading Dealing with an Extra Digit: Latest Developments in Excess Liability Insurance Coverage and “Bermuda Form” Arbitrations for Catastrophic Exposures

In this increasingly growing digital landscape, companies are entrusted with vast amounts of sensitive personal information. From names and email addresses to browsing habits and location data, companies routinely collect users’ personal data all to enhance convenience and functionality, advertise products, personalize experiences for consumers, and improve services. Plaintiffs’ law

Continue Reading Insurance Considerations for Privacy Class Action Lawsuits in This Technology Driven World

In Nicole Pileggi v. Washington Newspaper Publishing Company LLC, the D.C. Circuit unanimously affirmed the district court’s dismissal of a complaint alleging that news magazine and website Washington Examiner disclosed consumers’ personal information through a third-party pixel in violation of the Video Privacy Protection Act (“VPPA”). Continue Reading D.C. Circuit Deepens Circuit Split on Interpretation of “Consumer” Under VPPA

Last month, the D.C. Circuit in In re: Sealed Case, 2025 WL 2013687 (D.C. Cir. July 18, 2025) invalidated a non-disclosure order (“NDO”) that applied to prospectively issued subpoenas, holding that it failed to meet the statutory requirements in 18 U.S.C. § 2705(b) of the Stored Communications Act.  Continue Reading Federal Court Invalidates Prospective Blanket NDO

Last month, a California federal court highlighted one of the “serious problems that the class action plaintiffs’ bar desperately needs to rectify”: “the failure to properly vet named plaintiffs.”  Lineberry v. Addshoppers, Inc., 23-cv-01996-VC, 2025 WL 1533136 (N.D. Cal. May 29, 2025).

The stark language came in an order

Continue Reading For Peet’s Sake!  Court Calls Out Class Action Plaintiffs’ Bar’s Failure to Properly Vet Named Plaintiffs in CIPA Suit

“Session replay” software is one of many website analytics tools targeted in wiretapping suits under the California Invasion of Privacy Act (“CIPA”).  Last month, a California federal court confirmed one of the many reasons why the use of this software does not violate CIPA section 631: A defendant cannot “read”

Continue Reading Court Grants Summary Judgment: Website Vendor Cannot Read “Session Replay” Data “In Transit” Under CIPA

Does a plaintiff’s use of a website constitute consent to a privacy policy linked in the website’s footer?  A Pennsylvania federal court answered yes in Popa v. Harriet Carter Gifts, Inc., 2025 WL 896938 (W.D. Pa. Mar. 24, 2025), granting summary judgment in favor of an online retailer (Harriet

Continue Reading Implied Consent to Privacy Policy in Webpage Footer Forecloses Website Wiretapping Claim