Good decisions depend on good data. Football coaches study film to learn what an opponent calls on third-and-long so they can deploy the right defense. Businesses collect vast amounts of data to develop and market new products. No general counsel
Key point: (1) Two courts denied class certification because plaintiffs could not prove a tracker on the page actually captured their data; (2) three courts held that search terms can be CIPA “contents,” but only when the plaintiff alleges her
KEYPOINT: A recent putative class action filed in the U.S. District Court for the Northern District of California against OpenAI highlights the challenges artificial intelligence (AI) providers face in restricting minors’ access to their services, and underscores the importance of
California’s latest legislative session delivered a wave of privacy developments, with Governor Gavin Newsom signing a broad set of measures affecting consumer rights. But one proposal did not make it across the finish line: AB 1542, which would have
Key Points
Key point: Four takeaways from August decisions: (1) a federal magistrate judge concluded CIPA § 631 does not apply to internet communications but that § 632 does; (2) a cookie banner that merely pointed to a privacy policy did not establish
The Securities and Exchange Commission’s (SEC) 2024 amendments to Regulation S-P are now fully in effect, with both compliance deadlines now behind us. For broker-dealers, investment advisers, private fund managers, and other covered institutions that worked hard to prepare incident
Key point: Delaware’s HB 380, signed into law on September 2, 2026, significantly expands the scope of the Delaware Personal Data Privacy Act (DPDPA), narrows the GLBA exemption for financial institutions, introduces direct obligations on third parties, and strengthens protections
Key point: SB 690 passes the California legislatures and eliminates the private right of action for website-based pen register and trap-and-trace claims and reaches back two years, but it leaves CIPA §§ 631 and 632 and the federal Wiretap Act
Key Point: In a significant ruling for the AI industry, the Ninth Circuit vacated a preliminary injunction against Perplexity AI, holding that Amazon was unlikely to succeed on its Computer Fraud and Abuse Act (CFAA) and California Comprehensive Data Access
