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The Balancing Act: Tracking Technology Trends and Risk Mitigation Techniques
U.S. companies face a massive wave of wiretapping law class action lawsuits and regulatory enforcement actions over online “tracking technologies.” Nearly every company with a website or app uses pixels, SDKs, cookies, session-replay technology, and chat/chatbot tools, putting them in the crosshairs. In California alone, plaintiffs have reportedly filed more than 1,800 lawsuits since 2022 under the state’s two-party consent wiretapping law (the California Invasion of Privacy Act (CIPA)). These laws carry statutory damages (e.g., up to $5,000 per violation under CIPA), which makes them an extremely attractive target for class action plaintiff attorneys. Plaintiffs’ attorneys have also issued thousands of demand letters, the settlement of which has helped build a war chest for funding further litigation.
While court rulings are mixed, these cases have legs — plaintiffs often survive dismissal and reach discovery, and some classes have been certified. In August 2025, a major social media company was found liable by a jury under CIPA and faces enormous statutory damages tied to tens of millions of alleged violations. In this environment, the number of attorneys bringing claims and the pace of filings is likely to increase rapidly.
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On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
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Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.