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Kristin Bryan

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Mass arbitrations—where a plaintiffs’ firm brings dozens, hundreds, or thousands of identical claims against a business—is a mechanism increasingly relied upon by the plaintiffs’ bar in the past few years.  This is because mass arbitrations enable a plaintiffs’ firm to create settlement pressure by leveraging unavoidable arbitration fees borne by a business regardless of the merits of the claims filed.  Further powered by litigation funding, plaintiffs’ firms have used the mass arbitration device to bring vexatious claims and escape review of the merits or any downside risk.Continue Reading 2025 Mass Arbitration Year in Review

A Domino’s customer may proceed in her putative class action for violations of the California Invasion of Privacy Act (CIPA) against ConverseNow for its provision of an AI virtual assistant that processes restaurant telephone orders. In Taylor v. ConverseNow Technologies, Inc., Case No. 25-cv-00990-SI, 2025 WL 2308483 (N.D. Cal. Aug. 11, 2025), the Court…

This fall, a federal court in California granted summary judgment in favor of a website operator for alleged violations of the California Invasion of Privacy Act (CIPA). In its decision, the Court emphasized that it was “virtually impossible” to apply CIPA to internet communications and urged the California legislature to “step up” and “speak clearly” about how internet activity should be treated under the statute in light of a deluge of claims that have been filed recently against website operators.Continue Reading California Federal Court Urges California Legislature to Clean Up “Total Mess” of State Wiretap Act, Dismisses Claim for Website Tracking

Over the past year, there has been an explosion of lawsuits targeting website analytics and tracking tools. One recent decision brought businesses another victory in challenging lawsuits alleging violations of the California Invasion of Privacy Act’s (CIPA)’s prohibition against use of “pen registers” and “trap and trace devices.” Cal. Penal Code § 638.51. In a recent ruling, a federal judge in the Central District of California dismissed one such lawsuit, holding that the claim could not be asserted in federal court.Continue Reading Federal Court Dismisses “Trap and Trace” Lawsuit for Plaintiff’s Lack of Injury

In early October, a federal court in the Northern District of Illinois refused to dismiss a privacy litigation brought against a healthcare website operator for claims under the Electronic Communications Privacy Act (ECPA). The court held that the plaintiff plausibly alleged that Defendant violated the Health Insurance Portability and Accountability Act (HIPAA) by revealing to a third party that she clicked on the login button to the healthcare provider’s patient portal, and, as a result, disclosed her individually identifiable healthcare information—even though no third-party data collection tools were installed on the patient portal itself. Hartley v. Univ. of Chi. Med. Ctr., Case No. 22-cv-5891, 2025 WL 2802317 (N.D. Ill. Oct. 1, 2025).  However, at the same time, the court dismissed certain claims arising out of Plaintiff’s use of a “find-a-physician feature,” rejecting the full scope of Plaintiff’s theories. On the balance, this decision unfortunately broadens the scope of potential liability under the ECPA and will likely result in ECPA suits being brought against website operators in the healthcare sector.Continue Reading Federal Court Holds That Button-Click Data From Public Website Can Disclose Patient Status in Violation of the ECPA

Earlier this fall, the United States Court of Appeals for the Second Circuit undermined a strategy often used by the plaintiff’s bar in privacy claims: the threat of mass arbitration fees.  In a decision reversing the district court, the Second Circuit held that the petitioners cannot use the Federal Arbitration Act (FAA) to compel arbitration…

In case you missed it, below are recent posts from Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information.

Join SPB’s Alan Friel and Lydia de la Torre at the California Lawyers Association Privacy Law Section’s 2025 Annual Privacy…

In case you missed it, below are recent posts from Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information.

Transferring U.S. Data Overseas? Consider Whether the DOJ’s Bulk Data Regulations or PADFA May Apply to Your Organization

CPPA Extends…