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Articles by Phillip Wiese
Governor Newsom Signs SB 690, Closing One Door on CIPA Claims While Others Remain Open | JD Supra
The much-discussed California Invasion of Privacy Act (CIPA) amendment, SB 690, has been signed by Governor Gavin Newsom and will take effect January 1, 2027, relieving some pressure businesses face from the flood of litigation, arbitration, and demand letters relating to the use of analytics or marketing technology on their websites. Under the new law, private plaintiffs can no longer assert claims under the CIPA pen register and trap and trace provisions, Cal. Penal Code § 638.51.
Third Circuit Raises the Stakes for Session Replay Technology
The Third Circuit recently added to the growing body of wiretapping law addressing the use of session replay technology in In re BPS Direct, LLC; Cabela’s LLC Wiretapping Litig., 2026 WL 1280969 (May 11, 2026). Expanding on its prior decisions, the court held that in certain circumstances, data collected through session replay technology could give rise to a concrete injury sufficient for standing to pursue claims under wiretapping laws including the Electronic Communications Privacy Act (ECPA).
Wiretap Litigation Update | JD Supra
Plaintiffs have continued to file privacy litigation at a furious pace, asserting claims under the California Invasion of Privacy Act (CIPA), the federal Video Privacy Protection Act (VPPA), and, increasingly, the federal Electronic Communications Privacy Act (ECPA).
California Age-Appropriate Design Code Act
The Ninth Circuit recently issued a decision partially lifting a broad preliminary injunction staying enforcement of the California Age-Appropriate Design Code Act (“CAADCA”). As a result, portions of the law are now in effect and create ongoing obligations for businesses that provide online services, products, or features “likely to be accessed by children.” Those provisions are described below.
CalPrivacy to Begin CCPA Compliance Audits
CalPrivacy (formerly the California Privacy Protection Agency), announced recently that it intends to begin auditing businesses’ compliance with the California Consumer Privacy Act (CCPA). In February 2026, CalPrivacy formed its Audits Division to conduct compliance audits. The agency expects those audits to begin later this year and will focus on obtaining and analyzing privacy and technology records to ensure businesses are adhering to the CCPA’s requirements.
BIPA Damages Limitation Applies Retroactively
The Seventh Circuit recently confirmed that the 2024 amendment to the Illinois Biometric Information Privacy Act (“BIPA”) would apply retroactively, effectively limiting the available statutory damages under the statute.
California Privacy Enforcement: What’s New Since Our Mid-Year Privacy Report
Disney: “Account-wide” opt-outs across services and devices are expected and required. In February 2026, the California Attorney General announced a $2.75 million settlement with Disney entities tied to Disney’s streaming ecosystem.
A Look At New Calif. Cybersecurity, Risk Assessment Rules
By Hannah Levin, Phillip Wiese and Rimsha Syeda ( August 22, 2025, 4:41 PM EDT) -- The California Privacy Protection Agency Board unanimously voted on July 24 to finalize a package of regulations related to automated decision-making technology, or ADMT; cybersecurity audits; and risk assessments.... Law360 is on it, so you are, too. A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence.
CPPA Board Finalizes New Rules on ADMT, Cybersecurity Audits, and Risk Assessments
The California Privacy Protection Agency (CPPA) board unanimously voted on July 24, 2025 to finalize a package of regulations related to automated decision-making technology (ADMT), cybersecurity audits, and risk assessments. The long-awaited regulations establish additional requirements on certain businesses operating in California, and are now pending final review by the Office of Administrative Law.
2024 Year-End Recap of California Consumer Privacy Act Activity | JD Supra
First passed into law in 2018, the California Consumer Privacy Act (CCPA) received its first major update in 2020 by way of the California Privacy Rights Act (CPRA), through which the California Privacy Protection Agency (CPPA) was established. Now, in 2024, the CPPA and California Attorney General (AGO) have swung into action with advisory and enforcement activity. The CPPA began the year by launching a dedicated privacy website to educate consumers on the CCPA.
EU AI Act, US NIST Target Cyberattacks on AI Systems—Guidance and Reporting Obligations | JD Supra
The European Union published on July 12, 2024 the final text of its Artificial Intelligence (AI) Act, in force on August 1, 2024, which will implement material cybersecurity and incident reporting requirements, among other requirements, for companies in response to increasing cyberattacks on AI systems and models.
EU AI Act, US NIST Target Cyberattacks on AI Systems-Guidance and Reporting Obligations
The European Union published on July 12, 2024 the final text of its Artificial Intelligence (AI) Act, in force on August 1, 2024, which will implement material cybersecurity and incident reporting requirements, among other requirements, for companies in response to increasing cyberattacks on AI systems and models.
Global Privacy: Year in Review and a Look Forward, 2023-2024
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GLOBAL PRIVACY YEAR IN REVIEW AND A LOOK FORWARD 2023-2024 REPORT www.morganlewis.com 2024 Morgan Lewis | Morgan, Lewis & Bockius LLP, a Pennsylvania limited liability partnership 3 GLOBAL PRIVACY: YEAR IN REVIEW AND A LOOK FORWARD 20232024 TABLE OF CONTENTS 2023 Highlights .........................................................................................................................
By Ezra D. Church, Kristin Hadgis, Kathryn E. Deal, Terese Schireson, Emily Kimmelman Wheeling, Julian Williams, Gregory T. Parks, Vishnu Shankar, William Mallin, Elizabeth Herrington, W. Reece Hirsch, Carla Oakley, Phillip Wiese, Ali Gonsman, Kevin Benedicto, Sydney Swanson, Charles Dauthier, Axel Spies, Ksenia Andreeva, Amy Magnano, Todd Liao
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FTC Settlements Provide Updated Guidance on Collection or Use of Geolocation Data
The Federal Trade Commission (FTC) recently reached two settlements in actions against data brokers concerning their use of consumer location data and banning them from collecting, using, or selling consumer location data without consent.
Recent Crackdown on Junk Fees: Federal, State, and Private Actions
“Junk fees” refer to the broad swath of fees and charges, often mandatory, that are not included in the initial offered price of a good or service. Common examples include mandatory fees charged by hotels, restaurants, concert venues, and financial institutions. What Industries Are Impacted? Any industry that markets goods or services to U.S. consumers, including from overseas, is impacted by junk fees and thus potentially liable.
How Data Privacy Law Cases Are Evolving In UK, EU And US
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Federal, State Agencies Want to Dump Junk Fees: How to Manage Business Risk
Businesses should be aware that the Biden administration continues its attempt to curb junk fees, with additional actions proposed by the Federal Trade Commission and Consumer Financial Protection Bureau.
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