I’ve spent a lot of time talking about the lifecycle of privacy claims. For the most part, they all follow the same path:      ...

Privacy litigation has always evolved. At first, plaintiffs focused on collection. The questions were relatively simple: What information...

Products using AI collided this year with wiretapping statutes. A new complaint shows how plaintiffs are also turning to biometric...

We write a lot about privacy class actions. We also write a lot about false advertising class actions. Increasingly, these theories have...

Mandatory arbitration agreements and class action waivers are ubiquitous in consumer-facing online terms of service. Since the Supreme...

On August 28, the California Legislature passed SB 690, which eliminates the private right of action under the pen...

Washington state has seen a surge of class action lawsuits under its Commercial Electronic Mail Act (CEMA), ch. 19.190 RCW, following the...

California continues to serve as a hotbed for reference-pricing and false discount litigation.  In a recent decision, Loza v. Hobby Lobby...

A recent decision out of the Southern District of New York provides a textbook analysis of how courts evaluate advertising claims under...

If you send marketing emails, you’re probably already aware of Washington’s Commercial Electronic Mail Act (“CEMA”). Since the Washington...

ADA Class Actions and the Rise of “Scent-Based” Accessibility Claims If the last six months are any indication, the plaintiffs’ bar has...

If you are reading this article, you know how it works.  Plaintiffs’ counsel develop a new theory of liability; They file a handful of...

When it comes to the third-party collection of data via JavaScript embedded in a website’s HTML code (what plaintiffs like to call...

I’ve spent the last 15 years of my life litigating class actions, which means for the last 15 years, no one has ever wanted to call me. ...

Recently, a federal judge in the Northern District of California denied major ad network InMobi's motion to dismiss a putative class...

Companies spend hours drafting their Terms of Use.  They debate whether to include mandatory, pre-dispute notification provisions;...