In an amazing article penned by Law360’s preeminent privacy reporter Allison Grande out this week, the publication looked into a crystal ball to predict the biggest privacy litigation trends of 2023–and the top quote went to some guy named Eric J. Troutman of the Troutman Firm.
2023 is going to be the biggest year yet in terms of privacy litigation, and there’s going to be more of these cases than ever before…
So sayeth, the Czar.
The Czar’s thoughts kicked off the broader Analysis by Allison, who turned to resources from other big name law firms alongside Troutman Firm to provide a really robust discussion of the biggest 2023 trends to expect.
On the TCPA front, the focus is on state laws but the huge Wakefield ruling by the Ninth Circuit Court of Appeals has cast significant doubt on whether the TCPA’s aggregated damage provision are constitutional. Will be very interesting to see how that battle plays out in 2023–as commentators agreed.
The consensus for biggest trend of 2023, however, is the explosive growth of CIPA and other web-session recording cases. Allison’s article discusses this phenomenon–spurred on by the Javier decision–and everyone seems to agree this genie isn’t headed back into the bottle anytime soon.
You can read the piece here: https://www.law360.com/articles/1556661/privacy-litigation-to-watch-in-2023