U.S. Supreme Court

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Website tracking litigation continues to generate high stakes compliance risk, but not all privacy statutes are moving through the courts at the same pace. A notable divergence is emerging between the Video Privacy Protection Act (VPPA) and the California Invasion of Privacy Act (CIPA). Where the first is rapidly heading toward definitive interpretation by the…

This week, the U.S. Supreme Court granted certiorari in Salazar v. Paramount Global, No. 25-459 (cert. granted Jan. 26, 2026), to resolve a circuit split over the scope of the federal Video Privacy Protection Act (VPPA). Enacted in 1988, the VPPA has helped fuel a wave of class actions in recent years, especially…

This post was authored by William Ollayos, Summer Associate. William is not admitted to practice law.

On June 27, 2025, the U.S. Supreme Court upheld a Texas law requiring pornography websites to verify users’ ages through government-issued ID. The 6–3 decision in Free Speech Coalition v. Paxton marks a significant shift in First Amendment jurisprudence…

Last Thursday, the United States Supreme Court heard arguments in Carpenter v. United States.  At issue was whether the FBI violated the Fourth Amendment when it obtained the cellphone location records of Timothy Carpenter.  The FBI used these records to establish Mr. Carpenter’s whereabouts during time periods in which certain armed robberies occurred.  The government argued that Mr. Carpenter did not have an expectation of privacy in these records and, thus, no warrant was required.  Mr. Carpenter argued that “carrying a smartphone, checking for new emails from one’s boss, updating the weather forecast, and downloading directions ought not license total surveillance of a person’s entire life.”
Continue Reading US Supreme Court Evaluates Privacy of Cell Phone Data

Today the U.S. Supreme Court decided Campbell-Ewald Co. v. Gomez, No. 14-857. The question presented was whether an unaccepted offer of full relief on the named plaintiff’s individual claim will render a putative class action moot. The answer is “no,” according to a 5-3 opinion by Justice Ginsburg (with a separate concurrence by Justice…

Back in early November of last year, Spokeo, Inc. (Spokeo) argued before the U.S. Supreme Court seeking to overturn a February 2014 ruling from the Ninth Circuit that revived the Fair Credit Reporting Act (FCRA) lawsuit filed against Spokeo by Thomas Robins.  Robins alleges that Spokeo violated the FCRA by falsely reporting his financial, marital…