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...

Many businesses have opted to deploy website cookie banners in response to the barrage of litigation under the California Invasion of Privacy Act (“CIPA”). That same mitigation measure, however, is increasingly the target of a...

The surge of lawsuits under Section 638.51 of California’s Invasion of Privacy Act (CIPA)—which governs “pen registers” and “trap and trace devices”—has burdened online businesses over the past two years. Hundreds, if not thousands, of...

For years, TCPA compliance has largely meant following the statute as interpreted by FCC rules and regulations. That is no longer enough. Since the Supreme Court scrapped Chevron deference in Loper Bright and then held in McLaughlin that district courts...