The California Privacy Protection Agency (CPPA) Board, created by the California Privacy Rights Act (CPRA), has been busy of late. As we recently reported, the CCPA has hired renowned privacy technologist Ashka Soltani as its new Executive Director to lead the agency. Meanwhile, the agency’s committees have been hard at work. The Regulations Subcommittee has 

Yesterday, the California Privacy Protection Agency announced the appointment of Ashkan Soltani as Executive Director. Soltani is tasked with overseeing the Agency’s implementation of the California Privacy Act of 2018 (CCPA), as amended by theCalifornia Privacy Rights Act of 2020 (CPRA), as well as enforcement, rulemaking, and other agency operations. Soltani was a

Here at CPW, we have covered many decisions addressing the need for Article III standing when pleading a claim in federal court. A recent rare decision out of a district court in the Ninth Circuit dismissed a data event litigation for lack of standing—showing the efficacy of a particular type of motion practice known

CPW previously has covered multiple decisions that address Article III standing requirements for pleading a claim in federal court. A recent decision out of a federal court in Missouri is an example of a Court finding that Plaintiff properly alleged facts to constitute standing in a data event litigation. Specifically, the Court analyzed the question

In a recent litigation and appeal involving claims under the Fair Credit Reporting Act (“FCRA”), the Ninth Circuit affirmed the district court’s grant of summary judgment to the defendant, in a win for CRAs named in similar litigation.  Leoni v. Experian Info. Solutions, 2021 U.S. App. LEXIS 17687 (9th Cir. June 14. 2021).  

CPW has been covering data breach litigations for some time (as a reminder of recent rulings of significance, check out our prior posts here and here).  This includes In Re: Wawa, Inc. Data Security Litigation and key related cases back in November and January.  On Thursday, the U.S. District Court for the Eastern

California stands apart from other states in that a right to privacy is specifically included in the state constitution.  As a result, data privacy litigations are frequently filed in California courts that not only assert various violations of California statutory law, but also violation of residents’ constitutional right to privacy.  However, not all of these

For those who have not been following the Plaid class action unfold, we previously covered it HERE and HERE. Soon after the class actions were consolidated last year, Plaid filed a motion to dismiss Plaintiffs’ Consolidated Class Action Complaint in September, 2020. Oral arguments were held in February of this year, and the Court

CPW has been covering data breach litigations, including instances in which meritless claims are kicked by courts at the pleading stage.  A recent decision from an Ohio district court is yet another example of this trend.  Newman v. Total Quality Logistics, 2021 U.S. Dist. LEXIS 60651 (S.D. Ohio Mar. 30, 2021).  Read on

A recent decision from the Supreme Court of New York confirms that to survive dismissal, plaintiffs in data breach actions must establish injury-in-fact through a showing of actual or imminent harm.  In evaluating whether an alleged harm arising from a data breach is actual or imminent, New York courts apply a five-factor balancing test.  Under