IP & Media Law Updates

7/1/2025 5:17:12 PM

Second Circuit "Shuts the Door" on VPPA Tracking Pixel Claims

By Michael Salik Caren Decter

In the wake of an influx of lawsuits alleging violations of the Video Privacy Protection Act (“VPPA”), the Second Circuit has begun to...

5/9/2025 5:10:01 PM

Circuit Courts Provide Contrasting Perspectives on the Enforceability of Sign-In Wrap Agreements

By Regina Gerhardt

In the past three months, two federal appellate courts have issued multiple decisions concerning the enforceability of arbitration...

5/8/2025 9:13:25 PM

“Tester” Plaintiff Lacks Standing To Assert CIPA Claim

By Caren Decter

A California federal court recently held that a “tester” plaintiff lacks standing to file lawsuits for invasion of privacy under...

5/6/2025 11:53:11 PM

Second Circuit Narrows VPPA’s Scope in Solomon v. Flipps Media, Inc.

By Michael Salik Caren Decter

In recent years, there has been a wave of lawsuits alleging violations of the Video Privacy Protection Act (“VPPA”), targeting content...

2/27/2025 1:03:37 AM

S.D.N.Y. Deals A Blow To Website Tracking Litigation

By Caren Decter

The Southern District of New York is becoming a less favorable venue for serial plaintiffs asserting that website tracking technologies...

2/25/2025 9:48:37 PM

Recent California State Court Wins for Defendants in Website Tracking Cases

By Regina Gerhardt

In the past month, California judges have issued encouraging decisions for defendants in cases asserting that website tracking...

2/11/2025 11:55:47 PM

BREAKING: COURT RULES THAT DEVELOPER'S USE OF COPYRIGHTED MATERIAL TO TRAIN AI IS NOT FAIR USE

By Jeremy Goldman

This morning, the court in Thomson Reuters v. Ross Intelligence produced one of the first major rulings to address the application of...

2/3/2025 6:44:58 PM

Key Insights on Copyright and AI from the U.S. Copyright Office’s 2025 Report

By Zach Lewis

For years now, the intersection of artificial intelligence and copyright law has been the center of attention for artists, creators,...

1/29/2025 1:19:17 PM

Second Circuit Clarifies When Content Moderation Risks DMCA Safe Harbor

By Jeremy Goldman

The U.S. Court of Appeals for the Second Circuit recently published an important decision in Capitol Records, LLC v. Vimeo, LLC (Jan. 13,...

11/26/2024 9:47:24 AM

Ninth Circuit Finds Ticketmaster’s Mass Arbitration Provisions Unconscionable and Unenforceable

By Caren Decter Peter Devlin

Recently, the Ninth Circuit struck down Ticketmaster’s mass arbitration provisions—holding that they are unconscionable, and thus...

9/30/2024 7:45:58 PM

The Next Target of CIPA Litigation: Search Bars

By Caren Decter

Over the past two years, we have seen an influx of lawsuits asserting that the use of tracking technologies on websites violates the...

7/17/2024 10:11:25 PM

Are Users Bound By Updated Arbitration Agreements? The Southern District of New York Weighs In

By Caren Decter Peter Devlin

For years, companies have opted to include mandatory arbitration provisions and class action waivers in their website terms of service to...

5/13/2024 2:14:53 PM

BLOCKBUSTER RULING: Federal Court Holds That Copyright Act Preempts X's Web Scraping Claims

By Jeremy Goldman

In a blockbuster ruling that is bound to have far-reaching implications, including in the swarm of copyright infringement cases brought...

4/11/2024 9:54:10 PM

Pennsylvania Federal Court Dismisses Wiretap Litigation Over Session-Replay Software

By Caren Decter

There has been a wave of “wiretap” litigation involving session replay software—i.e., a tool that provides companies with anonymous,...

3/22/2024 10:31:07 PM

California Court Rejects Latest CIPA Shakedown Tactic Based On "Pen Register" and "Trap and Trace" Statute

By Jeremy Goldman

A California judge recently provided a ray of hope for website operators worldwide battling the latest surge of plaintiffs’ claims...

4/24/2023 1:08:19 PM

AI-Generated Music: The Biggest Impact on the Music Industry Since Napster?

By Khasim Lockhart

Introduction Last week, my younger cousin Armanny sent an Apple Music link to our cousins’ group chat. Sending music links has become...

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IP & Media Law Updates