Matthew Lewitz and Brett Taylor were quoted in a Cybersecurity Law Report article discussing the key impacts of the mixed verdict in Rodriguez et al. v. Google LLC on the privacy litigation landscape. According to Matthew, the verdict and still-big damages likely will inspire more common law claims in California lawsuits. “Common law claims can have broader sweep or they’re easier to prove, whereas some statutory claims have technical requirements that don’t neatly apply to all potential defendants,” he added.

Brett commented on whether privacy juries may vary their conclusions about what meets the legal standard of a reasonable expectation of privacy, depending on the scale of data collected. “The mass of data involved is something to take into consideration for any claim going to a jury. The amount of data at issue in this jury trial plays into the soft factors that a jury may look at and weigh when making their decision,” said Brett.

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