On July 1, 2026, a California legislative committee advanced amendments to SB 690 that would eliminate private suits asserting website-based “pen register” claims under the California Invasion of Privacy Act (“CIPA”), leaving enforcement exclusively to the California Attorney General.  The amendments come amid a surge of lawsuits and demand letters challenging the use…

A plaintiff’s failure to satisfy basic pleading requirements can be a potent defense to class actions.  That was illustrated by a recent Pennsylvania federal court decision granting defendants’ motion to dismiss an amended complaint in a class action alleging that major food companies manufactured and marketed addictive ultra-processed foods (“UPFs”) that caused the plaintiff’s health…

Standing remains a powerful defense to putative class actions.  Recently, a New Jersey federal court relied on Article III standing to dismiss a lawsuit against Glenmark Pharmaceuticals Inc. alleging that it made false and misleading representations about the safety and efficacy of certain cholesterol drugs despite initiating a recall of those drugs. Chambers et al.…

Courts are increasingly addressing putative class actions aimed at curbing allegedly illegal government conduct.  An Oregon federal court recently certified a Rule 23(b)(2) class action in a challenge to alleged ICE warrantless arrest practices, holding that plaintiffs may proceed on behalf of people arrested, or at risk of arrest, without a warrant and without pre-arrest…

In Cisco Systems, Inc. v. Doe, the Supreme Court held that federal courts cannot create new causes of action under the Alien Tort Statute for violations of international law and that the Torture Victim Protection Act does not provide for aiding-and-abetting liability.…