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Tucker Wessner an angel on Northwestern Lehigh football team's shoulder. The junior died on July 16 following complications from an accident three weeks earlier while doing a scouting project. His life served as inspiration all season long for the Tigers.Greetings CIPAWorld! I’m back, ready to drive you through the latest scoop on all things privacy and compliance. Have you ever wondered who might be listening when you use a website’s chat feature? A recent development in Rodriguez v. Ford Motor Co. , No. 3:23-cv-00598-RBM-JLB, 2024 U.S. Dist. LEXIS 218685 (S.D. Cal. Dec. 3, 2024) brings that question into sharp focus. Earlier this year, the Southern District of California dismissed claims in the First Amended Complaint, finding that allegations under the California Invasion of Privacy Act (“CIPA”) were too thin to proceed ( a point I highlighted in my previous blog regarding Google ). Fast forward to December: the Second Amended Complaint presented a stronger case, and the Court has now shifted gears—dismissing some claims but allowing key allegations of unauthorized eavesdropping and aiding and abetting under CIPA Section 631(a) to move forward. This decision forces Ford to respond by December 17, 2024 and underscores a critical issue I’ve emphasized repeatedly in my CIPA blog posts: how companies manage digital privacy and the role of third-party software providers. The case began when Plaintiff visited Ford’s website and had what she thought was a straightforward chat with a customer service representative. What she didn’t know—and what would later become the center of the matter—was that a third-party company called “LivePerson” was allegedly monitoring and recording these conversations without her knowledge. Before we dive in even more deeply, it’s important to note that this case isn’t just about chat features—it’s part of a broader reckoning over how digital platforms collect, process, and monetize user data. With consumers (myself included) increasingly concerned about privacy and lawmakers introducing stricter regulations, companies must align their practices with emerging legal norms. So, what’s at issue here? Yes, you guessed it. CIPA, specifically Section 631(a), a law, as we all know, that was initially designed to prevent telephone wiretapping, has now become a battleground in cases seen repeatedly. As noted in Heiting v. Taro Pharms. USA, Inc. , 709 F. Supp. 3d 1007, 2023 WL 9319049, at *2 (C.D. Cal. 2023), courts must navigate between two seminal cases that frame the recent jurisprudence on Section 631: Ribas v. Clark , 38 Cal. 3d 355, 212 Cal. Rptr. 143, 696 P.2d 637 (1985), and Rogers v. Ulrich , 52 Cal. App. 3d 894, 125 Cal. Rptr. 306 (1975). This key question has created a significant split among district courts in California. One line of cases, led by Graham v. Noom, Inc. , 533 F. Supp. 3d 823 (N.D. Cal. 2021) holds that software vendors are “extensions” of the websites that employ them, and thus not third parties under the statute. Conversely, the opposing view—exemplified by Javier v. Assurance IQ, LLC , 649 F. Supp. 3d 891 (N.D. Cal. 2023)—holds that software providers can be third parties within Section 631’s meaning, focusing on their capability to use the information rather than actual use. In siding with the Javier approach, LivePerson’s extensive capabilities mainly influenced the Rodriguez Court. Why is this so? Well, the Court found it significant that LivePerson monitors an average of 2.6 billion visitor sessions per month across its customers’ websites and combines this data with other behavioral information to build one of the world’s most extensive customer datasets. Just think about that for a moment. 2.6 BILLION VISITOR SESSIONS... PER MONTH . Wow. As emphasized in D’Angelo v. Penny OpCo, LLC , Case No. 23-cv-0981-BAS-DDL, 2023 U.S. Dist. LEXIS 191054, 2023 WL 7006793, at *7 (S.D. Cal. Oct. 24, 2023), the mere capability of using collected data for other purposes could trigger liability—regardless of whether that capability is ever exercised. In addition, the Court found compelling evidence that Ford was aware of these capabilities. Here, Plaintiff successfully alleged that Ford was made aware of LivePerson’s data use and the risk of prohibiting legislation and, therefore, knew LivePerson’s conduct constituted a breach of some duty. This knowledge formed the basis for allowing the aiding and abetting claims to proceed. The Court noted that companies cannot hide behind third-party vendors to evade liability. When outsourcing customer service technology, businesses must account for their partners’ data practices and the potential for improper use of consumer information. What is more, some courts have suggested that determining whether software acts more like a tape recorder or an eavesdropper requires factual investigation. As noted in Kauffman v. Papa John’s Int’l, Inc. , Case No. 22-cv-1492-L-MSB, 2024 U.S. Dist. LEXIS 7873, 2024 WL 171363, at *7 (S.D. Cal. Jan. 12, 2024), “Whether [the software provider] acts akin to a tape recorder or whether its actions are closer to ‘an eavesdropper standing outside the door’ is a question of fact which is better answered after discovery into the technical context of the case.” This uncertainty creates additional complexity for businesses operating in the Ninth Circuit, especially given the potential liability under state statutes like CIPA continues to grow. Compliance is key here. As always, Keep it legal, keep it smart, and stay ahead of the game. Talk soon!Shlomo Nehama Steps Down as Chairman of the Board of Ellomay Capital Ltd.
SpaceX share sale values the Elon Musk company at nearly $350 billionMemphis fights off No. 2 UConn in OT in Maui Invitational thrillerMONTRÉAL , Nov. 25, 2024 /PRNewswire/ -- Workleap , a leading Canadian software company behind products that empower 20,000 companies in more than 100 countries to build better employee experiences, announces its fall platform release introducing new solutions and integrated features into an all-in-one simple-to-use platform. This release marks a new milestone in Workleap's ongoing commitment to transform the employee experience by empowering HR leaders to drive organizational performance and achieve business goals. Workleap's comprehensive platform helps HR lead organizations to thrive in the modern setting of hybrid, remote, and distributed work environments. The consolidated solution for understanding employee engagement, driving performance, and developing employees is the best add-on to your existing HRIS and HR technology, allowing companies to add simple experiences across the employee lifecycle. Bringing these functions together in one platform, Workleap enables HR professionals to create a more responsive, agile and employee-centric work environment. What's New Why It Matters " Hybrid work has completely reshaped the role of HR. It's no longer just about managing employees—it's about building the right frameworks, fostering authentic connections, and leveraging tools that drive meaningful outcomes," said Simon De Baene , Co-founder and CEO of Workleap. "At Workleap, our mission is clear: make work simpler. The Workleap platform brings together the tools HR teams and leaders need to focus on what matters most—creating workplaces where people feel supported, connected, and empowered to grow. By continuing to invest in our platform, we're accelerating innovation with solutions like Workleap Performance—designed to be simple, effective, and built to keep HR and leaders ahead as the future of work evolves." To learn more about Workleap's employee experience platform, visit workleap.com . About Workleap Workleap is the best add-on to your HRIS to build better employee experiences. The all-in-one Workleap platform empowers organizations to make work simpler by unifying onboarding, engagement, performance, and development —in one platform. Workleap is a Montréal, Canada-based company building the operating system for hybrid work—unifying the experience to streamline talent management and scale productivity tools across 20,000 companies in more than 100 countries. Media Contact Jaclyn Pullen PANBlast for Workleap workleap@panblastpr.com View original content to download multimedia: https://www.prnewswire.com/news-releases/workleap-fall-launch-empowering-hr-leaders-with-new-features-for-employee-growth-and-engagement-302315807.html SOURCE Workleap
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RIVERHEAD, N.Y. — The New York architect facing murder charges in a string of deaths known as the Gilgo Beach killings was charged on Tuesday in the death of a seventh woman. Rex Heuermann pleaded not guilty to killing Valerie Mack, whose remains were first found on Long Island in 2000. Mack, 24, had been working as an escort in Philadelphia and was last seen by her family that year in New Jersey. Some of Mack’s skeletal remains were initially discovered in Manorville, New York; authorities found more of her remains about 50 miles west, in Gilgo Beach, more than 10 years later. They were unidentified until genetic testing revealed her identity in 2020. Human hair found with Mack’s remains was sent for testing earlier this year and found to be a likely match with the genetic profile of Heuermann’s daughter, prosecutors said in court papers. His daughter is not accused of any wrongdoing and would have been 3 or 4 years old when Mack died. Heuermann, 61, is charged with killing six other women whose remains were found on Long Island. He has pleaded not guilty to all the charges. “The lives of these women matter,” Suffolk County District Attorney Ray Tierney said at a news conference with Mack’s parents and other victims’ relatives. “No one understands that more than the families.” Mack’s parents didn’t speak. Four other victims’ relatives gave the Macks roses and hugs and, through an attorney, expressed their sadness and solidarity. “They were, and they are, loved. And they are missed every day by those who knew them and who had a strong bond with them,” said Gloria Allred, who represents the families of Melissa Barthelemy, Maureen Brainard-Barnes, Jessica Taylor and Megan Waterman. Outside of court, Heuermann’s lawyer Michael Brown disputed evidence presented in Mack’s death, saying the DNA technology used to connect her and other victims to Heuermann has never been deemed reliable in a New York case. He also argued that Tierney’s office has yet to produce proof any victims’ DNA was found in Heuermann’s home, including the many weapons and tools seized during recent searches of the property. “There’s something a little weird about these allegations,” Brown said. “Something that doesn’t sit right.” The investigation into the Gilgo Beach killings dates back to 2010, when police searching for a missing woman found 10 sets of human remains in the scrub along a barrier island parkway, prompting fears of a serial killer. Over the years, investigators used DNA analysis and other clues to identify the victims, many of whom were sex workers. Police also began reexamining other unsolved killings of women on Long Island. The case has dragged on through five police commissioners, more than 1,000 tips, and doubts about whether there was a serial killer at all. Heuermann, who lived with his wife and two children in Massapequa Park on Long Island and commuted to a Manhattan architecture office, was arrested on July 13, 2023. At that point, he was charged with murdering Barthelemy, Waterman and Amber Lynn Costello. Earlier this year, he was charged in the deaths of three other women — Brainard-Barnes, Taylor and Sandra Costilla. In a June court filing, prosecutors said they had recovered a file on a hard drive in Heuermann’s basement that he used to “methodically blueprint” his killings — including checklists with tasks for before, during and after, as well as lessons for “next time.” In court papers on Tuesday, prosecutors said the document, which was created the same year as Mack’s murder, includes details that align with her case. For example, it names “Mill Road” — a road near where Mack’s first remains were found — under the heading “DS,” which investigators believe stands for “dump site.” The document also lists “foam drain cleaner” under “Supplies.” Prosecutors say that on Oct. 3, 2000, Heuermann’s phone records appear to show him making two calls to a Long Island plumbing company, and he paid another company the following month to check his mainline drain. In recent searches of Heuermann’s home and office, authorities say they found old magazines and newspapers with articles about the Gilgo Beach killings and investigation that prosecutors believe he kept as “souvenirs” or “mementos.” Among them was a July 29, 2003, copy of the New York Post that included an article about the investigation into Mack and Taylor’s remains. Tierney said Tuesday that evidence points to Heuermann’s home as the scene of the killings — in most cases, when his family was out of town. Heuermann’s estranged wife, Asa Ellerup, said in a statement that she still does not believe her husband was capable of committing the crimes he’s accused of. The couple’s now grown children said in a separate statement they remain “steadfast in observing the legal process play itself out, no matter how long it takes or how difficult it is.” Authorities have still not charged anyone in the deaths of some other people whose remains were found on Long Island. Among them is an unidentified male victim who died in 2006 and likely presented outwardly as a female, and Karen Vergata, whose remains were discovered in 1996 but only identified through new DNA analysis in 2022.The AP Top 25 men’s college basketball poll is back every week throughout the season! Get the poll delivered straight to your inbox with AP Top 25 Poll Alerts. Sign up here . LAHAINA, Hawaii (AP) — Tyrese Hunter scored 17 of his 26 points after halftime to lead Memphis to a 99-97 overtime win against two-time defending national champion and second-ranked UConn on Monday in the first round of the Maui Invitational . Hunter shot 7 of 10 from 3-point range for the Tigers (5-0), who were 12 of 22 from beyond at the arc as a team. PJ Haggerty had 22 points and five assists, Colby Rogers had 19 points and Dain Dainja scored 14. Tarris Reed Jr. had 22 points and 11 rebounds off the bench for the Huskies (4-1). Alex Karaban had 19 points and six assists, and Jaylin Stewart scored 16. Memphis led by as many as 13 with about four minutes left in regulation, but UConn chipped away and eventually tied it on Solo Ball’s 3-pointer with 1.2 seconds remaining. Takeaways Memphis: The Tigers ranked second nationally in field goal percentage going into the game and shot it at a 54.7% clip. UConn: The Huskies saw their string of 17 consecutive wins dating back to February come to an end. Key moment The teams were tied at 92 with less than a minute remaining in overtime when UConn coach Dan Hurley was assessed a technical foul for his displeasure with an over-the-back call against Liam McNeeley. PJ Carter hit four straight free throws — two for the tech and the other pair for the personal foul — to give Memphis a 96-92 lead with 40.3 seconds to play. RELATED COVERAGE Johni Broome scores winning putback to lead No. 4 Auburn past No. 5 Iowa State, 83-81 No. 19 Arkansas beats Maryland Eastern Shore 109-35 with record-tying 1st half UConn loses its cool, then loses a game. And Dan Hurley had some thoughts afterward Key stat UConn had three players foul out. Memphis attempted 40 free throws and made 29 of them. Up next Memphis will play Michigan State on Tuesday in the second round of the invitational, and UConn will play Colorado in the consolation bracket. ___ Get poll alerts and updates on the AP Top 25 throughout the season. Sign up here . AP college basketball: https://apnews.com/hub/ap-top-25-college-basketball-poll and https://apnews.com/hub/college-basketball .
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The Philippines and the United States share an intertwined political history that continues to echo with uncanny parallels. Often perceived as an asymmetric reflection of American democratic ideals, the Philippines has evolved into a signal bearer, foreshadowing the political trajectory of its Western counterpart. There are five critical “signals” that offer insights into parallel challenges and opportunities that both democracies face in preserving their institutional integrity and democratic values. The first signal traces back to the early 1990s, following the Philippine Senate’s decision to terminate the US bases agreement, leading to the closure of American military installations in Clark and Subic. In a dismissive stance, the US disregarded crucial intelligence from Filipino authorities about a terrorist plot that would later materialize as the 9/11 attacks. This intelligence, uncovered accidentally during a fire in Malate, Manila, revealed plans to crash airplanes into major US landmarks. The Philippines became a testing ground for social media manipulation in the 2016 elections, leading to Rodrigo Duterte’s rise to power. The same tactics associated with Cambridge Analytica—propaganda, disinformation, and microtargeting—later surfaced in the 2016 US elections, resulting in Donald Trump’s victory. Both elections highlight how technology, when weaponized, can undermine democratic processes and distort public discourse. The parallels between Duterte and Trump—populist rhetoric, disdain for traditional political norms, and reliance on an “army of trolls”—illustrate the global nature of this challenge. The 2022 Philippine elections presented another cautionary tale. Leni Robredo’s decision to run late in the presidential race mobilized massive crowds but ultimately fell short against Ferdinand Marcos Jr. and Sara Duterte’s well-funded, populist campaign. Robredo’s failure to connect with economically struggling voters in Classes D and E mirrored challenges faced by Kamala Harris and other progressive US politicians, who have struggled to resonate beyond urban and educated constituencies. The lesson is clear: A successful campaign requires not just visible enthusiasm but also deep engagement with economically marginalized but silent communities. The fourth signal is a stark warning about authoritarianism. In 1972, Ferdinand Marcos Sr. declared martial law in the Philippines, leveraging the 1935 Constitution’s “commander in chief” provision to consolidate power. His regime manipulated the military and judiciary to rubber-stamp his dictatorship. Today, similar ambitions resonate in the US, where Trump signals his intention to leverage the Insurrection Act to centralize power, weaken institutional checks, and use the military to enforce radical policies. However, the Philippine experience offers a counter-narrative: Duterte’s failed attempt to involve the military in his war on drugs demonstrated that institutional loyalty to the Constitution can resist authoritarian overreach. The US military, steeped in a tradition of constitutional adherence, may hold the line against any similar drift toward despotism. Perhaps the most critical lesson from the Philippines is the role of active citizen opposition in defending democracy. The 1986 Edsa People Power Revolution, which toppled the Marcos dictatorship, was a spontaneous, overwhelming display of collective will. This moral fiber—a populace united in opposition to tyranny—is the ultimate safeguard against authoritarianism. For the US, the challenge is to foster this same level of civic engagement, ensuring that democratic norms are not eroded by complacency or polarization. The striking parallels between the Philippines and the US are not coincidental. As the only country whose Constitution and democratic framework mirror those of the US, the Philippines has often reflected the strengths and vulnerabilities of American democracy. From the 1935 to the 1987 Philippine Constitutions, the legal and institutional systems of the Philippines have been deeply influenced by the American model. Despite this shared legacy, the Philippine military has shown a remarkable recovery from the institutional corrosion inflicted during Marcos Sr.’s martial law years. Today, it stands as a constitutional and patriotic institution, committed to defending the West Philippine Sea and upholding democratic values. This transformation offers hope that the US military, grounded in its traditions of constitutional loyalty, can similarly resist any attempts to undermine democracy from within. The Philippines serves as both a mirror and a warning to the US. The echoes of history—from overlooked intelligence to manipulated elections, authoritarian drift, and the power of civic resistance—resonate across the Pacific. In this interconnected world, the lessons from one democracy are invaluable to another. The challenge for both nations is to remain vigilant, fostering institutions and civic cultures resilient enough to withstand the pressures of authoritarianism and disinformation. ————— [email protected] Subscribe to our daily newsletter By providing an email address. I agree to the Terms of Use and acknowledge that I have read the Privacy Policy .Memphis fights off No. 2 UConn in OT in Maui Invitational thriller