Photo of Owen Davis

Owen Davis

Owen assists employers across industry sectors – from small businesses to Fortune 500 corporations – to identify changing workplace law at a local, state and federal level. He offers legal guidance on employment agreements, restrictive covenants, personnel policies and other human resources issues. Owen also represents employers before state and federal courts as well as administrative agencies on matters related to discrimination, retaliation, harassment, and wage and hour violations.

Follow:Read more about Owen DavisOwen's Linkedin Profile
AI ethics and justice concept with judge gavel and digital circuit board, legal tech vector illustration

Key point: On August 11, 2026, the Colorado Attorney General’s Office released draft regulations and a notice of proposed rulemaking to implement the state’s new Automated Decision-Making Technology (ADMT) Act, extending obligations to midstream developers, proposing detailed standards for when AI “materially influences” a decision, what post-adverse-outcome disclosures must contain, and what “meaningful human review” requires. Businesses operating in Colorado should review the draft rules now and consider submitting comments before the October 26, 2026 hearing.

Privacy Litigation Image

In this post: (1) The 9th Circuit tightens what “harm” a plaintiff must suffer to have standing; (2) the D.C. Circuit adds to growing circuit split on defining “consumers”; (3) Three courts find plaintiffs consented via website terms; (4) Courts split on whether software that captures content and address information qualifies as “pen register”; and (5) Daniel’s Law receives first decision narrowing statute.

In this post: (1) California courts split on personal jurisdiction post-Briskin; (2) District courts dismiss VPPA claims against movie theaters & online platforms; (3) ND Cal courts find “crime-tort” exception met in non-healthcare cases; (4) Jury returns verdict against Flo Health in privacy case; and (5) Privacy Plaintiffs find new theory in Colorado law.

AI Illustration

Key point: “Winning the Race: America’s AI Action Plan,” the Trump Administration’s summary approach to federal artificial intelligence (AI) policy, and three new Executive Orders (EO) propose a wide-ranging federal strategy intended to solidify U.S. leadership in AI. For business leaders and public sector stakeholders, the Action Plan and EOs may be a double-edged sword: catalyzing AI innovation through deregulation, but in turn creating a complex, opaque compliance environment that demands careful navigation.

In this post: (1) Website tracking litigation risk remains as SB 690 is designated “two-year bill”; (2) Second Circuit reinforces narrower interpretation of PII to “shut the door for Pixel-based VPPA claims”; (3) Courts require individualized harm to establish standing; (4) Dismissals increase where plaintiffs fail to provide detailed allegations; and (5) Courts split on whether commercial intent can defeat application of “crime-tort exception” under federal ECPA.

Keypoint: In this post: (1) Standing may depend on how specific plaintiffs’ complaint is; (2) the 2nd Circuit adopts the 3rd and 9th Circuit’s narrower interpretation of PII under the VPPA; (3) Promises in privacy policies not to share user data can defeat consent defenses; (4) class action waivers in privacy agreements may face enforceability challenges in California; (5) courts closely scrutinize technical specifics in claims involving PHI.

This is our twenty-fourth installment in our data privacy litigation report covering decisions from the previous month. If you have any thoughts on what you’d like to see (either in content or form) from these posts, please don’t hesitate to reach out and let us know.

There are many courts currently handling data privacy cases across the nation. Although illustrative, this update is not intended to be exhaustive. If there is another area of data privacy litigation about which you would like to know more, please reach out. The contents provided below are time-sensitive and subject to change. If you are not already subscribed to our blog, consider doing so to stay updated. If you are interested in tracking developments between blog posts, consider following us on LinkedIn.

Finally, for an overview of current U.S. data privacy litigation trends and issues, click here.

Keypoint: In this post: (1) The Ninth Circuit holds essentially any website can be sued in California; (2) two courts limit pen registry claims; (3) courts split on whether privacy policies establish consent for wiretapping claims; (4) Arizona court rejects “spy pixel” theory; and (5) courts continue to expand what is “content” for wiretapping claims.

This is our twenty-third installment in our data privacy litigation report covering decisions from the previous month. If you have any thoughts on what you would like to see (either in content or form) from these posts, please don’t hesitate to reach out and let us know.

There are many courts currently handling data privacy cases across the nation. Although illustrative, this update is not intended to be exhaustive. If there is another area of data privacy litigation about which you would like to know more, please reach out. The contents provided below are time-sensitive and subject to change. If you are not already subscribed to our blog, consider doing so to stay updated. If you are interested in tracking developments between blog posts, consider following us on LinkedIn. Finally, for an overview of current U.S. data privacy litigation trends and issues, see Part 2 here.

Keypoint: In this post: (1) California considers a “commercial exception” to wiretapping and pen registry laws; (2) a rise in federal wiretapping claims against websites; (3) more courts impose “knowledge or intent” requirement for Section 631(a); and (4) the Ninth and Seventh Circuits limit and expand the VPPA’s application.

This is our twenty-second installment in our data privacy litigation report covering decisions from the previous month. If you have any thoughts on what you’d like to see (either in content or form) from these posts, please don’t hesitate to reach out and let us know.

Will you be at the IAPP Global Privacy Summit 2025 in Washington DC on April 23-24? If so reach out!

There are many courts currently handling data privacy cases across the nation. Although illustrative, this update is not intended to be exhaustive. If there is another area of data privacy litigation about which you would like to know more, please reach out. The contents provided below are time-sensitive and subject to change. If you are not already subscribed to our blog, consider doing so to stay updated. If you are interested in tracking developments between blog posts, consider following us on LinkedIn.

Keypoint: In this post: (1) How a privacy policy can defeat a plaintiff’s “delayed discovery” argument; (2) Two CA state courts reject plaintiffs’ allegations concerning personal jurisdiction; (3) Three courts dismiss PR/TT claims due to lack of harm; (4) Two courts diverge on certifying VPPA classes; and (5) First MHMD case filed in Washington.

This is our twenty-first installment in our monthly data privacy litigation report. As we forecast last month, we are tweaking the format of these posts to hopefully provide readers with the most helpful information in the easiest to digest manner. If you have any thoughts on what you’d like to see (either in content or form) from these posts, please don’t hesitate to reach out!

There are many courts currently handling data privacy cases across the nation. Although illustrative, this update is not intended to be exhaustive. If there is another area of data privacy litigation about which you would like to know more, please reach out. The contents provided below are time-sensitive and subject to change. If you are not already subscribed to our blog, consider doing so to stay updated. If you are interested in tracking developments between blog posts, consider following us on LinkedIn.

Keypoint: Five Takeaways from Privacy Litigation Decisions in January 2025

Welcome to the twentieth installment in our monthly data privacy litigation report. We prepare these reports to provide updates on how courts in the United States have handled emerging data privacy trends. After our expansive “holiday edition” post last month we are changing things up a bit with this month’s post. Instead of providing case summaries on multiple decisions we are providing five takeaways from cases in the past month. Our hope is this provides a more practical post for in-house counsel and business owners facing the quickly changing world of privacy litigation.

Do you find these posts helpful? Wish we would cover another privacy trend or provide more information? If so – we want to hear from you! Please reach out and let us know what you would like to see in future privacy litigation updates.

There are many courts currently handling data privacy cases across the nation. Although illustrative, this update is not intended to be exhaustive. If there is another area of data privacy litigation about which you would like to know more, please reach out. The contents provided below are time-sensitive and subject to change. If you are not already subscribed to our blog, consider doing so to stay updated. If you are interested in tracking developments between blog posts, consider following us on LinkedIn.