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...

Some may have predicted that one day employees would apply for jobs with the click of a button. Others may have anticipated that employers would turn to automated tools to manage the resulting flood of...

On Monday, January 26, 2026, the Supreme Court agreed to hear a case that will likely resolve the current circuit split on whether email newsletter subscribers are considered “consumers” for purposes of the Video Privacy...

Last week, two federal court decisions narrowed the definition of personally identifiable information (“PII”) under the Video Privacy Protection Act, 18 U.S.C. § 2710 (“VPPA”), providing support for a more defendant-friendly interpretation of what data...