Patrick Austin

New Ruling on Punitive Damages and Attorney Fees in California Invasion of Privacy Act (CIPA) Case As Thompson Hine has previously reported, the recent surge of privacy claims under the California Invasion of Privacy Act (CIPA) related to using website cookies, pixels, and web beacons continues to impact a several sectors. It has been especially harmful to small businesses. On July 15, Judge Rolf Treu ruled on a preliminary motion in a CIPA lawsuit and concluded that the plaintiff could potentially recover punitive damages and attorney fees. Although this case does not address the merits of whether website tracking technologies are considered pen registers or trap and trace devices under CIPA, plaintiffs may rely on it to demand larger awards and settlements in their CIPA actions. Businesses that deploy these types of online tracking technologies should immediately reassess the legal terms governing the use of their websites and whether they contain favorable dispute resolution provisions, such as remedies available for claims arising from a consumer’s use of the website. View full update here ➡ https://bit.ly/3WjOO3x Steven Stransky I Jennifer Adler #DataPrivacy #PrivacyLaw #ThompsonHine #California

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Governor John Carney signed the Delaware Personal Data Privacy Act (the "Act") into law on September 11, 2023. The Act will become effective on January 1, 2025, making Delaware one of only thirteen states with its own consumer privacy laws. While generally aligning with the regulatory schemes of other states, the Act contains several distinguishing features that require unique risk management procedures. This article summarizes the Act's key components, including its applicability, the rights granted to consumers, and the obligations imposed on data handlers. https://lnkd.in/eXRAwugE

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🚨Client Alert: The Maryland Online Data Privacy Act (#MODPA) makes Maryland the seventeenth state to enact a comprehensive #dataprivacylaw, which includes unique provisions and exemptions and grants enforcement authority to Maryland's Division of Consumer Protection, effective October 1, 2025. Chris Dodson, Daniel B. Kilburn, and Aline Peres Martins have all the details. (Read more via link in comments.) #marylandlaw #cozenoconnor #dataprivacy #technologylaw‍‍‍‍‍‍‍

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#NEW: A Retrospective by FPF’s Policy Counsel for U.S. Legislation Jordan Francis and Senior Counsel for U.S. Legislation Bailey Sanchez focuses on six major enforcement trends that have recently addressed key questions or policy issues in the privacy landscape. These top trends include: 1️⃣ The California Privacy Protection Agency’s (#CPPA) second enforcement action details what can be considered a ‘sale’ under privacy laws, such as the participation in a marketing co-op. 2️⃣ In complaints filed against GoodRx, BetterHelp, Premom, and other companies using health services outside of #HIPAA rules, The FTC revitalized its Health Breach Notification Rule, arguing that data used for advertising and other unauthorized disclosures of health data can constitute a breach. 3️⃣ Also related to HIPAA, the FTC’s approach to what constitutes personal health information can be based on context and situation. For example, with BetterHelp, the FTC argued that email addresses entered into the website by individuals were health information, given the context. 4️⃣ The FTC will now use its Section 5 authority, which will further protect the privacy of teenagers beyond the Children's Online Privacy Protection Rule (COPPA) as Congress continues to consider amending #COPPA federally. 5️⃣ The Illinois Supreme Court addressed the question of when and how privacy claims accrue under the Illinois Biometric Information Privacy Act. A separate claim for statutory damages accrues each time a private entity scans an individual’s information without prior informed consent, opening the door for other jurisdictions to make similar rulings. 6️⃣ The FTC's ongoing lawsuit against Kochava provides insight into how courts and regulators are grappling with the privacy harms raised by collecting and disclosing sensitive location data, especially in light of the Dobbs ruling. Take a deeper dive into the analysis of these trends in the full Retrospective ⬇️ https://lnkd.in/e_AhhFnh

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In a recent Today's General Counsel webinar, KLDiscovery's Eric Robinson discussed AI's impact on eDiscovery, including the importance of human-in-the-loop review. Sign up to see the full recording for key insights on this topic: https://lnkd.in/ezDCqjjz #AI #eDiscovery #FutureOfLaw

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Unveiling the Mysteries of eDiscovery: Your Ultimate Guide by Eric Dirks Welcome to iCONECT’s definitive guide on eDiscovery, where we demystify this crucial aspect of modern legal practice. Whether you’re a seasoned attorney, a curious novice, or a business owner navigating legal waters, understanding eDiscovery is paramount. Let’s dive in! https://bit.ly/3QruVVY #eDiscovery #electronicdiscovery #legaltechnology #litigationsupport #datamanagement #compliance #regulatorycompliance #documentreview #legalsoftware #legalhold #datapreservation #datacollection #documentprocessing #reviewplatform #legalindustry #litigationreadiness

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The introduction of the American Privacy Rights Act seeks to establish a uniform national standard for consumer privacy, with the goal of remedying the fragmented landscape of state laws. Gary Kibel was quoted in the Legal Dive article "Solution to Patchwork of State Data-Privacy Laws Shows Promise," sharing his thoughts on the incredible burden that current privacy laws are imposing on businesses. Read the full article. https://lnkd.in/e-9ZMeud #PrivacyLaws #StateLaws #DataPrivacy

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*Attorney Advertising: Prior results do not guarantee future outcomes Although #cybersecurity lawsuits involve legal issues familiar to many seasoned business litigators, successful advocacy requires an interdisciplinary approach. U.S. District Judge Kari A. Dooley’s recent decision on defendants’ motion to dismiss in 𝐽𝑜𝑛𝑒𝑠 𝑣. 𝑆𝑡𝑢𝑟𝑚, No. 3:22-cv-1233 (KAD) (D. Conn. Mar. 27, 2024), highlights the challenges and complexities of cyber litigation. 𝐽𝑜𝑛𝑒𝑠 involves a putative class action arising from a criminal data incident involving e-commerce sites that allegedly resulted in the compromise of personal identifying information (PII). Like many cybersecurity lawsuits, the case alleges criminal activity and involves forensic investigation, constitutional issues of Article III standing, privacy concerns, and traditional common law notions of negligence, unjust enrichment, and breach of contract. Judge Dooley determined the plaintiffs adequately alleged Article III standing to sue but ultimately failed to sufficiently demonstrate causes of action for negligence or unjust enrichment. Christine Bacon, Esq. is an experienced business litigator handling complex issues for sophisticated clients in federal and state court. She has a master's degree in interdisciplinary studies. The Beckage Firm: Tech, Data Security & Privacy Law Firm's attorneys have decades of experience not only in complex business litigation, but also in criminal law, Article III standing issues, and class actions. Combined with the firms’ in-house technologists, our team delivers holistic approaches essential for today’s cyber litigation. #TheBeckageFirm #CyberLaw #CyberLitigation #BusinessLitigation

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The American Privacy Rights Act promises a "positive path" toward creating a single national data privacy framework. Cathy Mulrow-Peattie reviews the significance of this bipartisan legislative proposal in Law360: https://lnkd.in/g9jwHHHu #DataPrivacy #ConsumerPrivacy #PrivacyLaw #DataProtection

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The American Privacy Rights Act (APRA) reflects many principles seen in the American Data Privacy and Protection Act, the wave of omnibus state consumer privacy laws, and Federal Trade Commission activity. Our lawyers highlight key provisions of the APRA in this Update. https://bit.ly/4b4GD0z Authors: Janis Kestenbaum, Meredith Halama, Adrienne Ehrhardt, and Stephanie Duchesneau #PrivacyLaw #PrivacyRights #DataPrivacy #AmericanPrivacyRightsAct

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According to recent statistics from the Administrative Office of the U.S. Courts, the federal appeals courts that grant oral argument the most often are the D.C., Second, and Seventh circuits. These courts held oral argument in a higher percentage of appeals compared to other circuits from 2022 to 2023. Partner Katie Barrett Wiik discussed these trends with The National Law Journal, noting that logistically, it may be easier for some courts to schedule oral arguments than others. "For example, the D.C. Circuit covers a smaller area geographically than other circuits, so judges need not travel far to sit on panels. In contrast, judges in the Eighth Circuit are chambered in different federal courthouses across seven states and must travel to St. Louis, Missouri, or St. Paul, Minnesota, for a hearing." Katie said even if oral argument doesn’t change the vote outcome in a case, having in-person hearings improves institutional legitimacy and the legal reasoning behind decisions. It also helps build relationships among judges, staff and attorneys, she added. “[Oral argument] literally brings people together, and that’s essential, I would say, for the health of the institutions and for the relationship-building between and among the various stakeholders in the appellate courts,” she said. “That really can’t be replicated when everyone’s just approving things on the briefs or having remote meetings.” To read the full article, visit: https://lnkd.in/eX98Q6cv #OralArgument #Appeals #CircuitCourt

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Because we are humans solving legal problems for other humans, our framework is designed to keep our customer at the center while we solve their eDiscovery challenges and identify additional opportunities to provide them with exceptional experiences. 💡 Discover the Level Legal Difference. 🤝 #eDiscovery #LegalInnovation #MakingLegalHuman

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Looking to build a career in the eDiscovery industry? JND Legal Administration highlights the different roles and the paths to achieving them in an article summarized here by Today's Managing Partner: https://bit.ly/3L95ntC #eDiscovery #careerdevelopment #legaltechnology #legaltech

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Top legal news of the week: Lawyer disbarred for destroying his computer, altering metadata before ethics hearing A New Hampshire lawyer has been disbarred based on allegations that he destroyed his computer before an ethics hearing and altered metadata to make it appear that he had provided conflict letters to a client when borrowing $275,000 from her. To read the full article, visit: https://bit.ly/3y5ppSw #legalnews #aba #law #legal #lawyers #DefenseCounsel #MintzerSarowitz #MSZLM

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We're back this week with another state privacy laws update, after Minnesota's governor signed the Minnesota Consumer Data Privacy Act, becoming the 18th state to enact comprehensive consumer data privacy legislation. Find out more about the MCDPA in today's blog! #LawOfMotion #DataPrivacy

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Federal privacy law faces new hurdles ahead of markup: Business groups and civil rights activists have raised objections to the latest version of the legislation, due for committee consideration Thursday. The post Federal privacy law faces new hurdles ahead of markup appeared first on CyberScoop. #cyber #cybersecurity #cybersecurityjobs #Innovation #Technology #cloud #management #socanalyst

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🚀 The Masters Conference is Heading to New York on Wed, July 24th! 🚀 Join us for the The Masters Conference Legal Conference in New York, where industry leaders and experts will converge to share insights and knowledge that can transform your practice. 🔥 Topics of Discussion Include: • Innovative eDiscovery tools and methodologies for internal corporate investigations • Exploring the limitations of Large Language Models in legal industry standards and litigation practice • Transitioning from CAL-based training to language-based instruction This is your chance to learn from industry leaders, connect with peers, and stay ahead of the curve in the rapidly evolving legal landscape. 🚨Register today to secure your spot. Limited spaces are available and they’re going fast! 👉 https://bit.ly/4ch7SpK Hosted by Morgan, Lewis & Bockius LLP 101 Park Avenue New York, NY, 10017 #mastersconferencenewyork #thebigapple #legalevents #legalconferences #mastersconference #legalprofessionals #cybersecurity #databreach #incidentpreparedness #incidentrespose #digitalforensics #forensicscollection #forensics #ediscoveryhosting #hostingsolutions #litigationsupport #litigationsupportteam #staffingsupport #foreignlanguagereview #internationalreview #legaltech #ediscovery #ediscoverytech #rightdiscovery

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