# What Recent Court Decisions Reveal About Website Privacy Liability

Page: https://stenobird.com/podcast/cles-you-actually-want-to-hear-7072333/what-recent-court-decisions-reveal-about-website-privacy-liability
Text version: https://stenobird.com/podcast/cles-you-actually-want-to-hear-7072333/what-recent-court-decisions-reveal-about-website-privacy-liability.md
Podcast: [CLEs You Actually Want to Hear](https://stenobird.com/podcast/cles-you-actually-want-to-hear-7072333)
Published: 2026-09-02T23:30:00+00:00
Episode link: https://rss.com/podcasts/cle-you-actually-want-to-hear/3000528
Audio file: https://content.rss.com/episodes/294811/3000528/cle-you-actually-want-to-hear/2026_07_17_22_48_52_20fb9c34-2ae2-4ba2-91f7-9c6758028b9c.mp3
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Duration seconds: 3562

## Resource

California's wave of cookie and pixel tracking litigation is reshaping the legal landscape for businesses and their counsel, and Usama Kahf, Fisher Phillips, will examine recent rulings decided in April and May 2025 to draw lessons from both defense wins and plaintiff victories. Courts have issued decisions under the California Invasion of Privacy Act and the federal Electronic Communications Privacy Act with outcomes turning heavily on consent architecture, data sensitivity, and whether tracking began before users had a chance to accept or decline. Topics include the Article III standing framework courts are applying to behavioral metadata, the distinction between clickwrap and browsewrap consent, the pen register theory that continues to survive dismissal, and why financial and health data cases carry materially higher risk than general consumer browsing claims. Attendees will leave with a concrete checklist for auditing tracking tools, upgrading consent mechanisms, and aligning privacy policies with actual website practices. Audio versions of Beverly Hills Bar Association programs are eligible for Self-Study CLE credit in California. Visit www.bhba.org/podcasts for more information.

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## Transcript

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