Recent coverage of data breach and cybersecurity litigation has focused on developments concerning Article III standing and inventive Plaintiff’s counsel seeking to rely on a cyberattack to bring quintessential consumer pricing class actions. However, there is a new development looming on the horizon that has received little attention so far: the threat posed by
The Federal Trade Commission (FTC) has made it clear: data privacy and cybersecurity are now a priority, and will be for years to come. In the wake of PrivacyCon 2021, the FTC’s sixth annual privacy, cybersecurity and consumer protection summit, held this summer, the FTC finally took official and sweeping action on privacy and
While session replay software litigation was the hottest development in data privacy litigation earlier this year, yet another court has rejected such a theory of liability—making it even more likely that this trend has already peaked. In this instance, the U.S. District Court for the Northern District of California ruled (for the second time)