David N. Cinotti and Brendan M. Walsh Featured in Q&A with Mealey’s, “Pashman Stein Walder Hayden Attorneys Discuss the Future of Litigation Over the Video Privacy Protection Act”

Pashman Stein Walder Hayden P.C. attorneys Brendan M. Walsh, co-chair of the firm’s Litigation practice, and David N. Cinotti, partner in the firm’s Litigation practice, were recently interviewed by Mealey’s® Data Privacy Law Report in a Q&A titled, “Pashman Stein Walder Hayden Attorneys Discuss the Future of Litigation Over the Video Privacy Protection Act.” Cinotti and Walsh delivered a decisive victory for client Flipps Media (d/b/a/Triller TV), a leading provider of live and recorded sports and entertainment streaming, in a matter of first impression involving the use of internet advertising technology known as Meta (formerly Facebook) Pixel and Video Privacy Protection Act (V ® PPA). After the U.S. Appeals Court for the Second Circuit affirmed the dismissal of the putative class-action lawsuit against Flipps in a precedential decision, the U.S. Supreme Court denied plaintiff’s petition for certiorari.

In the Q&A, Cinotti and Walsh discuss the evolving landscape of litigation under the VPPA, particularly as courts deal with how the statute applies to modern digital platforms, streaming services, and online tracking technologies. Cinotti and Walsh explained:

There might be more VPPA suits in circuits that have not adopted the ordinary-person standard in the short term. But we think that litigation under the VPPA will diminish, not substantially increase, in the long run. The initial wave of VPPA cases, many of which were based on Pixel and similar technology, appears to have caught web-based streaming services and other businesses off-guard. But businesses can limit their exposure under the statute through a number of means.

To read the full interview in Mealey’s Data Privacy Law Report, click here.