Seyfarth Shaw is a sponsor for the 2024 ANA Masters of Advertising Law Conference, the biggest advertising, marketing, and promotion law conference in the nation. The conference will take place November 11-13 at the Fairmont Scottsdale Princess in Scottsdale, Arizona. During the conference Seyfarth attorneys Joe Orzano and Kristine Argentine
Data Breach/Privacy
Is the Video Privacy Protection Act Losing its Allure?
This blog has been cross-posted on the Global Privacy Watch site.
Anyone following trends in consumer class action litigation will know that consumer privacy was a primary focus of the plaintiff’s bar in 2023. And there are no signs this uptick in consumer privacy claims is slowing any time soon. Although the claims center around…
Ninth Circuit Opinion Supports Personal Jurisdiction Defense for Interactive Websites
With so many companies being hauled into court in California based on claims that the functionalities on their website and use of service providers for marketing or analytics purposes violate consumer privacy rights, it is important to exhaust all possible defenses available to defendants. Late last year, the Ninth Circuit issued a ruling upholding a…
Federal Court Rejects Application of BIPA Statute of Limitations to Privacy Act Violations
Seyfarth Synopsis: The U.S. District Court for the Northern District of Illinois recently denied Plaintiff’s motion to reconsider a prior dismissal of his privacy action due to untimeliness. In a case titled Bonilla, et al. v. Ancestry.com Operations Inc., et al., No. 20-cv-7390 (N.D. Ill.), Plaintiff alleged that consumer DNA network Ancestry DNA violated the …
Seyfarth’s Advertising & Marketing Group to Present ANA Webinar
On Tuesday, June 13 at 1:00 p.m. Eastern, Seyfarth attorneys Kristine Argentine, John Tomaszewski, and Paul Yovanic will present at the Association of National Advertisers webinar, “Emerging Issues Surrounding Privacy Class Actions and Compliance in 2023.”
This presentation will cover the recent surge in consumer class actions, compliance considerations, and recent developments…
What to Expect from Biometric Info Privacy Litigation in Illinois
Seyfarth continues to be on the forefront of issues involving the Illinois Biometric Information Privacy Act (“BIPA”). On February 10, 2023, Seyfarth attorneys Paul Yovanic and Kristine Argentine published an in-depth analysis of the current trends in BIPA litigation and what to expect for 2023 on Bloomberg Law.
The article, examines the recent Illinois…
Year-End BIPA Review: Key Consumer-Side Defense Decisions From 2022
Last year was significant in Illinois Biometric Information Privacy Act (BIPA) litigation, primarily because of the many ‘firsts’ that resulted, including the first-ever BIPA trial that resulted in a staggering judgment of $228 million for 45,600 reckless/intentional violations of the statute. But aside from the jaw-dropping verdict and the Illinois Supreme Court’s decision in early…
BIPA ALERT: Illinois Supreme Court Decides That 5-Year Statue of Limitation Applies To All Claims Under The Illinois Biometric Information Privacy Act
Today, the Illinois Supreme Court issued its much-anticipated decision in Tims v. Black Horse Carriers, which determined whether the one-year or five-year statute of limitation applies to claims filed under the Illinois Biometric Privacy Act. In the landmark decision (found here), the Court veered from the Illinois Appellate Court’s splicing of limitations…
Privacy Law Trends to Watch: Wiretapping Class Actions Focused on Session Replay
Seyfarth Synopsis: In 2022, the Third Circuit Court of Appeals revived a class action lawsuit asserting violations of the Pennsylvania Wiretapping and Electronic Surveillance Control Act (“WESCA”). The lawsuit alleged that an online retailer and its marketing agency violated WESCA by tracking visitors’ activity on the website through the use of session replay code. Following…
Now Available! 2023 Commercial Litigation Outlook
Seyfarth’s Commercial Litigation practice group is pleased to provide the third annual installment the Commercial Litigation Outlook, where our nationally-recognized team provides insights about litigation issues and trends to expect in 2023.
The continuing global tumult and increasing chances for a recession will weigh heavily on the litigation outlook for 2023. We expect an uneven…