For the past several years, most of the action in website-tracking litigation under the California Invasion of Privacy Act (“CIPA”) has occurred on motions to dismiss. Plaintiffs have alleged that pixels, cookies, session-replay tools, and...

For the past two years, plaintiffs’ lawyers have increasingly relied on an unlikely provision of the California Invasion of Privacy Act (“CIPA”) to target ordinary website technologies. Today, the Assembly and Senate passed an amended...

AI products need data to improve, and the easiest data to obtain is what’s already flowing through a product — things like customer calls, chat logs, or meeting transcripts. But collecting and training on that...

Generative AI is quickly changing the economics of litigation. Privacy litigation targeting websites and connected mobile apps has long involved common technologies: cookies, pixels, analytics scripts, session-replay tools, chat widgets, embedded search tools, and advertising...

Rather than waiting for AI-specific legislation, plaintiffs are trying to fit AI-related conduct into existing statutes, many containing statutory damages provisions. As a result, companies training, deploying, and monetizing AI systems are facing a heightened...

How did it come to this? Last year you got a new cookie consent management platform (CMP), and you worked with your web team to implement it. You even took a conservative approach and tried...