A recent lawsuit signals the rapid convergence of issues relating to artificial intelligence, vendor‑managed platforms, and individual arbitration in the data breach ecosystem. In Woodard v. OpenAI, Inc. & Mixpanel, Inc., Case No. 3:25-cv-10301 in the Northern District of California, Plaintiffs alleged that Mixpanel uses artificial intelligence technologies developed by OpenAI to collect user data. […]
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Suite Victory: Marriott Finally Checks Out of Court
On June 3, 2025, the U.S. Court of Appeals for the Fourth Circuit issued a pivotal ruling in longstanding litigation against Marriott International, Inc., arising out of a 2018 data breach involving its Starwood Preferred Guest Program. In reversing the lower court’s grant of class certification, the Fourth Circuit determined that the customers’ contractual agreements […]
Massachusetts Top Court Torpedoes Website Analytics Wiretapping Class Action
On October 24, 2024, in a long-awaited decision in Vita v. New England Baptist Hospital, Massachusetts’ highest court snuffed out an attempt to use the state’s 1968 Wiretap Act to impose liability on a hospital system for its use of third-party analytics technologies on its website. The case had been closely watched by the business […]
Website Analytics (Session Replay) Litigation is Not Dead
On October 18, 2022, in Popa v. Harriet Carter Gifts Inc. et al., Case Number 21-2203, the Third Circuit denied rehearing on its ruling that allows a class action alleging wiretapping claims based on the use of session replay software to proceed. The Third Circuit’s ruling and subsequent denial of a request for rehearing is […]
Another Court Dismisses Data Breach Class Action Lawsuit for Lack of Standing
In what appears to be a growing trend, another federal district court has dismissed a data breach case for lack of standing. In Springmeyer et al. v. Marriott International, Inc., 2021 WL 809894 (D. Md.), Plaintiffs, former guests of Marriott hotels, sued Marriott in connection with a data breach affecting over 5 million guests. Marriott moved […]