Jackson Walker partner John Jackson was featured in Bloomberg Law discussing the ongoing split in opinion among courts over whether the California Invasion of Privacy Act applies to online tracking technologies in recently filed suits.
John commented, “It’s true we’ve gotten some decisions that are favorable for the defense side, but there’s also a number of courts that have ruled in the other direction. It’s still such a minefield, and it makes it difficult for companies that are targeted to make decisions about whether to fight the claims.”
Because of the lack of judicial consensus, there is pressure for defendants without deep pockets to reach a settlement. With courts reaching differing conclusions on whether or not CIPA applies to the analytical software being used, these issues will likely require legislative action or appellate court rulings.
For further insights, read the Bloomberg Law article, “Privacy Suits Under California Wiretap Law Stand on Shaky Ground.”
Meet John
John M. Jackson has represented clients in patent litigation and complex commercial litigation matters in federal and state courts throughout the country, and in the International Trade Commission (ITC). He has represented clients in patent infringement lawsuits involving software, internet applications, consumer electronics, oil drilling technology, mechanical devices, chemical compositions, and business methods. In addition to his intellectual property practice, John co-chairs the Firm’s Cybersecurity Litigation Group and counsels clients concerning data privacy issues. He has earned certification as a Certified Information Privacy Professional (CIPP/US) and a Certified Information Privacy Manager through the International Association of Privacy Professionals.