On December 24, 2024 and January 13, 2025, the Oregon Attorney General’s Office and the California Attorney General’s Office published advisories (collectively, “Advisories”) explaining how existing statutes may be used to regulate, investigate and enforce against artificial intelligence (“AI”). These Advisories serve to remind AI developers, suppliers and users of heightened regulatory scrutiny of AI, […]
Privacy Litigation
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 […]
California AG Announces $500,000 Settlement with Mobile Game App Company for Unlawful Collection and Sharing of Children’s Data
On June 18, 2024, California Attorney General (“AG”) Rob Bonta and Los Angeles City Attorney Hydee Feldstein Soto announced a settlement with a video game developer and publisher regarding allegations that the company violated the California Consumer Privacy Act (the “CCPA”), the federal Children’s Online Privacy Protection Act (“COPPA”) and California’s Unfair Competition Law (the […]
More Guidance from HHS on Online Tracking Technologies but Questions Remain
Health and Human Services (“HHS”) released updated guidance yesterday on the use of online tracking technologies (like cookies, pixels, software development kits (SDKs), etc.) by HIPAA Covered Entities (the “Updated Guidance”). The Updated Guidance amends and supersedes HHS’s original guidance on the use of digital tracking technologies published on December 1, 2022 (the “Prior Guidance”). […]
California Court of Appeals Paves the Way for Enforcement of California Privacy Rights Act Regulations
On February 9, 2024, the California state court of appeals mandated a trial court to vacate its order and judgment prohibiting the California Privacy Protection Agency (the “Agency”) from enforcing the California Privacy Rights Act regulations (the “CPRA Regulations”) until March 29, 2024. The Agency will be able to enforce the CPRA Regulations upon the […]