Law360 interviewed Manatt's Donna Wilson, a partner in the firm's Litigation division, for an article on the increase in class actions due to lingering uncertainties about what data-gathering activities are off-limits.
Law360 reports that a pair of court rulings in California and Massachusetts in recent years has caused an explosion in class actions over retailers' collection of ZIP codes and other personal data during sales transactions, and lawyers say the uncertainties will continue to fuel the suits.
"It's almost like a game of whack-a-mole, because the guidance retailers are getting is mixed, and until the state Supreme Court weighs in and tells you what the state of the law on a particular issue is, retailers are being forced to proceed at potentially great risk," Wilson said.
Read the article here.