With the proliferation of comprehensive U.S. state privacy laws in recent years, there’s been an understandable focus by privacy professionals on this growing patchwork. But privacy litigation is also on the rise and the plaintiff’s bar has explored some novel theories, particularly around the use of onlin tracking technologies.

Greenberg Traurig Shareholder Darren Abernethy advises clients in the ad tech, data privacy and cybersecurity space and is familiar with these recent litigation trends involving theories related to pen registers, chatbots, session replay, Meta pixels, software development kits and the Video Privacy Protection Act. Here’s what he had to say about these growing litigation trends.