Wiretapping class actions based on websites’ use of common tracking technologies continue to rise. And because many courts have allowed these cases to survive motions to dismiss, businesses often feel pressure to settle early—even when they have strong defenses.
Much of that pressure comes from the threat of a class wide judgment reaching eight or
As we discussed in a recent webcast, there has been a surge in litigation focused on companies’ use of Meta Pixel, which is tracking code that enables the sharing of user online activity with Facebook. Recent litigation has alleged that use of Meta Pixel with online videos violates the Video Privacy Protection Act (VPPA).
As we turn the page on 2018, let’s reflect on some of the key privacy and cybersecurity issues that will continue to occupy our hearts and minds in 2019.
Owning the Mega-Breach
2018 was the year in which data breaches in mergers and acquisitions became the iceberg in full view. This fuller realization of cyber risk in transactions, though, actually has its origin in September 2016 – when Yahoo and Marriott were in the midst of deals that would involve some of the largest data breaches on record.
Continue Reading Some Thoughts on the Year in Privacy and Data Security Law
The U.S. Supreme Court heard oral arguments this morning in United States v. Microsoft, No. 17-2, which presents the question whether a United States court may issue a search warrant to a U.S.-based electronic communications service for email account data held on a server outside of the United States.
Here’s the transcript of this
2018 is shaping up to be a potentially momentous year for data privacy, with a number of pending cases whose impact could fundamentally alter the scope of future privacy lawsuits and criminal investigations. This post will take a look at some of these cases and their potential impact.
Carpenter v. United States
We’ll start with Carpenter, which is pending in the U.S. Supreme Court and focuses on whether the Fourth Amendment requires the government to secure a search warrant to obtain a criminal defendant’s cell phone records from his or her cellular service provider.
Continue Reading Data Privacy Cases to Watch in 2018