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Articles by Claire E. Scavone
Wiretapping litigation shows no signs of slowing in California and Florida
California Invasion of Privacy Act Plaintiffs typically allege one of two theories under CIPA based on a defendant’s use of website analytics tools. Under the so-called wiretapping theory, plaintiffs allege that website technologies, which broadly include software developer kits, pixels, cookies, web beacons, session replay technology, and analytics tools, illegally intercept communications in transit without consent.
Advertising to Minors in a Data-Driven World: What Companies Need to Know
(l-r) Melissa Fox, Luisa Domenichini, Claire Scavone, and Morgan McDonald, with Eversheds Sutherland. Courtesy photos Advertising to minors online has become a major concern for regulators, industry participants, parents, and advocacy groups. Teens today are digital natives, spending much of their lives on social media, streaming services, gaming platforms, and educational tools.
Proposed CIPA amendment may stem the tide of CIPA class actions | JD Supra
CIPA restricts recording or listening to private electronic communications. The law was originally enacted in 1967 to combat unconsented wiretapping. The law provides for a private right of action in the event a communication is intercepted or recorded without the consent of all parties or when a pen register or a trap and trace device is used without a court order.
Plaintiffs’ attorneys continue to test class action theories under New York City’s Biometrics Law | JD Supra
A putative class action complaint filed against the parent company of the New York Mets underscores the need for businesses in New York City to comply with an oft-overlooked law governing the collection and use of consumer biometric information. The complaint, filed in October 2024, alleges violations of a 2021 municipal law that imposes notice requirements, prohibits the sale of biometric information, and allows for recovery of statutory damages.
Sixth Circuit validates challenge to PFAS class - demands greater specificity in pleading standards for causation | JD Supra
On November 27, a landmark PFAS decision by the Sixth Circuit effectively dismissed a statewide class action for lack of standing. This potentially sets the stage for a new era of PFAS litigation, where historically general and conclusory allegations by PFAS plaintiffs must be substituted with particularized pleadings connecting each defendant to the detected PFAS compound in the plaintiff’s body.
Is PFAS litigation the new asbestos docket? PFAS users now face increasing government enforcement actions and private lawsuits | JD Supra
PFAS litigation is on the rise. The catalyst is the rapidly developing patchwork of proposed municipal, state, and federal regulations seeking to find and hold accountable PFAS users. State attorneys general are taking an increasingly active stance against PFAS. In parallel, the plaintiffs’ bar is advancing new types of PFAS suits, including state-wide class actions and greenwashing suits that target a wide variety of PFAS users.
Iowa enacts the sixth state-level comprehensive data privacy law | JD Supra
On March 29, 2023, the Iowa Governor signed into law a consumer data privacy law which enters into force on January 1, 2025.
Not more than one (PFAS) drop per 5 olympic pools! EPA sets stage for turbulent patchwork of local PFAS regulations | JD Supra
Introduction In March 2023, the Administration took another major step in its strategic roadmap to combat and hold PFAS users accountable for PFAS contamination by proposing new rules establishing the first-ever national drinking water standard for PFAS. This is on the heels of the EPA proposing a new rule designating certain PFAS as hazardous substances under CERCLA in September 2022. Both proposed rules are expected to take final form this year.
Not more than one (PFAS) drop per 5 olympic pools! EPA sets stage for turbulent patchwork of local PFAS regulations
Introduction In March 2023, the Administration took another major step in its strategic roadmap to combat and hold PFAS users accountable for PFAS contamination by proposing new rules establishing the first-ever national drinking water standard for PFAS. This is on the heels of the EPA proposing a new rule designating certain PFAS as hazardous substances under CERCLA in September 2022. Both proposed rules are expected to take final form this year.
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