Insights & Articles | Legal Thought Leadership

Wiley Ruling Demands Functional Banners and Actual Facts

January 1, 2026

Privacy class actions under common law and California Penal Code § 638.51 theories surged in 2025, with a pivotal Northern District of California decision in December—Wiley, et al., v. Universal…

No Injury, No Breach – and No Case?

December 1, 2025

While plaintiffs continue to obtain significant settlements in major breaches, U.S. federal courts have continued to tighten Article III standing requirements in data breach class actions, dismissing claims based solely…

Data Breaches – Public Disclosure of Private Information

November 1, 2025

Since the first data breach lawsuits were initiated in 2005, Article III standing has remained a pivotal concern. In Holmes v. Elephant Insurance Company, the Court of Appeals for the Fourth…

Texas Mini-TCPA’s Tightening Regulatory Scheme

October 1, 2025

Businesses need to ensure compliance with the Texas Mini-TCPA’s registration requirement—for voice calls and text messages. In addition, the Texas Mini-TCPA increases the risk of litigation and potential damages for…

Flo Privacy Class Action – Critical Shift?

September 1, 2025

First enacted in the 1960’s to address unauthorized recording of conversations CIPA is now used by creative plaintiffs’ lawyers to attack web pixels and other tracking technologies. This was made…

Data Breaches-Actual Injury Required

August 1, 2025

The decision from the Middle District of North Carolina (Panighetti v. Intelligent Business Solutions, Inc.) is the latest in a recent trend finding that allegations of future or unspecified damages…