Privacy Bounty Hunters, Part I: The Risks Are Real

As I’ve written previously, if you sell anything online, it’s not a question of if—it’s when privacy bounty hunters will comes calling, accusing your company of violating anti-wiretapping or privacy laws. “The better part of valor is discretion,” as Shakespeare said, and now is the time to act. You can take proactive steps to reduce your risk,...

Online Wiretapping Claims: A Surging Menace

A flood of lawsuits and arbitration demands continues to drown companies that have installed the Meta pixel on their websites. If you haven’t been on the receiving end of these online wiretapping claims, count yourself lucky. Either way, be forewarned that the risk of being subject to a wiretapping shakedown extends far beyond the Meta...

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David Bertoni to Moderate Panel on Ethics and Wiretapping Class Actions

On May 6, 2024, David W. Bertoni will moderate a panel on The Ethics of Wiretapping and Data Privacy Class Actions at the 2024 Class Action Money & Ethics Conference in New York. Bertoni and a panel of leading practitioners will explore the legal, ethical, and technological dimensions of wiretapping claims in the internet age....

David Bertoni Presents on Privacy Law at eTail Connect West 2023

On September 14, 2023, partner David Bertoni delivered a presentation on privacy law issues to the attendees of eTail West Connect 2023 in Los Angeles. Bertoni addressed the barrage of privacy issues facing eCommerce businesses, digital marketers, and other service providers. As set out in this handy checklist, these include: limiting the risk of class...

Brann & Isaacson Wins Summary Judgment for NaviStone in Pennsylvania

On June 17, 2021, U.S. District Judge William S. Stickman IV of the Western District of Pennsylvania granted a motion for summary judgment filed by David W. Bertoni, David Swetnam-Burland, and Eamonn Hart on behalf of their client, NaviStone, Inc., which had been accused of violating the Pennsylvania Wiretapping and Electronic Surveillance Control Act (or...

Brann & Isaacson Secures Dismissal of California Case Against NaviStone

Within hours of hearing oral argument from Eamonn Hart, U.S. District Judge Vince Chhabria of the Northern District of California entered an order dismissing a complaint against Brann & Isaacson client NaviStone, Inc., which alleged that NaviStone engaged in unlawful wiretapping under California law. Originally filed as a class action seeking millions of dollars in...

Federal Judge Orders Final End To Wiretapping Class Action Lawsuit

On December 4, 2018, U.S. District Judge Esther Salas of the District of New Jersey finalized the dismissal of a putative class action lawsuit filed by Michael Allen against NaviStone, Inc., represented by B&I partner David W. Bertoni, and Quicken Loans Inc. In an earlier order, Judge Salas had agreed with the arguments made by...

Brann & Isaacson Again Secures Dismissal Of Wiretapping Class Action Lawsuit

On November 9, 2018, U.S. District Judge Esther Salas of the District of New Jersey ordered the dismissal of a putative class action lawsuit filed by Michael Allen against NaviStone, Inc., represented by B&I partner David W. Bertoni, and Quicken Loans Inc. Allen’s complaint alleged that NaviStone provided Quicken Loans with a JavaScript code that...