We often hear of litigation trends described in dramatic terms: “the floodgates will open” or “a tidal wave of claims is coming.” Often the predictions end up being off the mark. But with respect to website privacy claims, companies being deluged in litigation claims and the metaphors are apt. A number of law firms in California and elsewhere are bringing large number of individual lawsuits, class actions, and mass arbitrations. Any company with a website that seeks to capitalize on gathering data on website activities is vulnerable. These cases present unique substantive and procedural challenges. In this episode, Deb Howitt, Austin Chambers, and Jessica Leano explain the merits of these claims, how courts and arbitrators are reacting to these trends, and what companies should do to be prepared for the tidal wave.
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