Data Privacy + Cybersecurity Insider
CYBERSECURITY
CISO’s: Take a Look at CSC’s CISO Outlook 2025 Report
Cybersecurity firm CSC recently issued its CISO Outlook 2025 Report, which predicts cybersecurity challenges CISOs will face in the next year. The report, from a survey of 300 CISOs and cybersecurity professionals globally, finds that CISOs “predict the cybersecurity challenges they face will intensify and the growth of artificial intelligence (AI) is increasing the potency of some domain-related threats.” Read more
ENFORCEMENT + LITIGATION
VPPA Class Action Plaintiffs May Not Waive Arbitration Goodbye
On June 13, 2025, a federal court in the Northern District of California held that a putative Video Privacy Protection Act (VPPA) class action lawsuit belonged in arbitration, thanks to the defendant company’s arbitration clause.
If you’ve been following our blog, you’ve seen the rise in VPPA class action litigation against companies that provide video streaming content and use tracking technologies, such as the Meta Pixel. In this case, too, plaintiffs claimed that media distributors DirectToU LLC and Alliance Entertainment LLC (collectively, the Defendants) shared consumers’ personal data with Meta through the use of the Meta Pixel on their websites. Read more
DATA PRIVACY
California’s SB 690: A Game-Changer for Website Privacy Lawsuits Pushes Forward
On June 3, 2025, the California Senate unanimously passed Senate Bill 690 (SB 690) in a 35-0 vote, a strong show of support for reining in a flood of lawsuits that have taken many companies by surprise over the last few years. The bill now heads to the California Assembly, where it will face further scrutiny. If ultimately signed into law, SB 690 could reshape how privacy law is enforced in the digital space, offering much-needed clarity (and relief) for businesses across the country. Read more
ARTIFICAL INTELLIGENCE
Lawyers Continue to Get in Hot Water For Citing AI Hallucinated Cases
We have previously outlined several cases where lawyers have been sanctioned by courts for citing fake cases generated by artificial intelligence (AI), also known as “hallucinations.”
Now, we don’t even have to keep track of the cases to report on them because we found a nifty new database that keeps track of all of them. Did you know that as of this writing, there have been 156 cases where lawyers cited fake cases generated by AI in court documents? Read more
INFORMATION GOVERNANCE
Why Dumping Sensitive Data on Network Shares is a Liability
Are you storing sensitive data on a shared network drive? If so, your organization could be at serious risk of a data breach or privacy lawsuit. Shared drives, like the common “S:\ drive,” are often used to store documents, spreadsheets, customer information, financial records, and even scanned IDs. But here’s the problem: these network shares are rarely encrypted, lack clear data governance policies, and are accessible to dozens—or even hundreds—of employees across different departments. Without proper oversight, unsecured network drives become a data security nightmare. Read more
DRONES
Trump’s Drone Duet: Executive Orders Cracking Down on Threats While Boosting U.S. Drone Leadership
On June 6, 2025, President Donald Trump signed two executive orders aimed at significantly reshaping the future of drone policy in the United States. One focuses on protecting national airspace from malicious drone threats, while the other seeks to supercharge the U.S. drone industry at home and abroad. Read more
Privacy Tip #447
We are seeing an increase in cybersquatting incidents. What is cybersquatting and how can it affect you?
According to Sentinel One, cybersquatting, or domain squatting, “involves the registration, selling, or use of an Internet domain name in bad faith to profit from the goodwill of a trademark that belongs to someone else.” Cybersquatting spoofs real brands to try to get consumers to click on a fraudulent domain to pay for goods or services that are counterfeit or never sent to the consumer after purchase, or obtaining advertising revenues through pay-per-click advertising, where the cybersquatter collects users’ information to make false purchases. Read more
RECENT EVENTS AND NEWS
Kathryn Rattigan Quoted in Privacy Daily Article on Trap and Trace Litigation
Data Privacy + Cybersecurity team partner Kathryn Rattigan was recently quoted in a Privacy Daily article titled “Retailer’s Combined Privacy Suit Highlights Recent Litigation Trends, Lawyer Says” published on June 2, 2025. The article covers the consolidation of over 2,400 individual arbitration claims into a single class-action complaint against a clothing retailer for its use of pixel-tracking technologies and the rise of leveraging decades old laws for new technologies.
“These allegations mark yet another instance of the growing trend of the plaintiff’s bars’ push for ‘trap and trace’ claims because they can leverage existing wiretap laws to argue that common online tracking technologies like cookies, pixels, and website analytics tools essentially function as trap and trace devices,” said Kathryn. “Allowing them to file complaints against companies for collecting user data without proper consent, even though these technologies were originally designed for traditional phone lines, not the internet, opening up a large pool of potential plaintiffs and potentially significant damages.” Read the article (subscriber-based).
