A recent decision by the Ninth Circuit Court of Appeals in Briskin v. Shopify, Inc., No. 22-15815, could impact the scope of personal jurisdiction over e-commerce and other entities that utilize cookies to collect personal information from visitors to the entities’ websites, particularly in California. Although the impact of the case remains to be seen, […]
New York Attorney General Investigates Companies for Website Tags, Publishes Guidelines on Online Tracking Technologies
On July 30, 2024, the New York Attorney General Letitia James announced she had completed an investigation into the tracking technology practices of popular websites, and used this to create website privacy guides on online tracking for New York businesses and consumers. These consist of a “Business Guide” and a “Consumer Guide.” The Business Guide […]
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 […]