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Anne-Marie Dao is an associate in the Intellectual Property Practice Group in the firm's San Diego (Del Mar) office.

X Corp., the company formerly known as Twitter, recently sued Bright Data over its site scraping activities. Bright Data is a data collection company and advertises—among other services—its “website scraping” solutions. Scraping is not new, nor are lawsuits attempting to stop the activity. We may, though, see a rise in these suits with the rise in companies using them in conjunction with generative AI tools.Continue Reading Scraping the Bottom of the Barrel: X Corp. Sues Bright Data Over Site Scraping

With the governor signing SF 262 into law last week, Iowa became the sixth US state with a comprehensive privacy law. The law goes into effect January 1, 2025. It applicability is similar to other states’ laws. It applies to companies that do business in Iowa and either: (1) control or process personal data of at least 100,000 Iowans; or (2) derive over 50% of gross revenue from the sale of personal data and control or process personal data of 25,000 or more Iowans. These thresholds are calculated annually.Continue Reading Iowa Becomes Sixth State with Comprehensive Privacy Law

February 2023 was a momentous month for Illinois’ Biometric Information Privacy Act (BIPA). Just two weeks after imposing a 5-year time limit for all BIPA claims, the Illinois Supreme Court resolved another pressing issue. In Cothron v. White Castle System, Inc., the Illinois Supreme Court considered whether a BIPA claim accrues every time a company scans or transmits a person’s biometric identifier (e.g., fingerprint) without consent. In a closely divided 4-3 ruling, the Court answered “yes.” Continue Reading Illinois High Court Rules “Per-Scan” Damages Can Be Awarded Under BIPA

Did your business receive a letter from the California Attorney General’s office about your loyalty program? You are not alone. The California AG celebrated Data Privacy Day last month by announcing that his office had conducted an “investigative sweep” of business operating loyalty programs in California. His office then sent out notices of non-compliance to several loyalty program operators.

Continue Reading California AG Takes Aim At Customer Loyalty Programs

The Office of the Australian Information Commissioner issued a determination earlier this fall about 7-Eleven’s use of “faceprints.” The OAIC found the convenience store improperly collected faceprint information without getting individuals’ consent in violation of the Privacy Act.
Continue Reading Australia Objects to 7-Eleven’s In-Store Use of Facial Recognition Technology