Connect with us

Technology

DiCello Levitt Announces Landmark Victory for Chrome Users in the Ninth Circuit With Ruling That May Have “Reverberations Across Privacy Litigation”

Published

2 years ago

on

NEW YORK, Aug. 22, 2024 /PRNewswire/ — In a landmark victory for Chrome users, a unanimous Ninth Circuit panel reinstated a nationwide data privacy class action that challenges Google’s intentional collection of Chrome users’ personal information, including sensitive web browsing information, without their consent.

In an August 20 opinion written by Judge Milan D. Smith Jr., the U.S. Court of Appeals for the Ninth Circuit reversed the Northern District of California’s summary judgment in favor of Google, finding that “the district court failed to apply the correct standard” by not considering whether a “reasonable user” would have consented to Google’s data collection practices.

This decision sends the case back to the district court for trial, pending plaintiff class certification, and requires a jury to determine how a reasonable Chrome user with ordinary computer skills would have understood Google’s disclosures and promises.

The lawsuit was first filed by attorneys at DiCello Levitt and co-counsel Simmons Hanly and Bleichmar Fonti in July 2020, following an expert inspection of HTTP traffic on Chrome web browsers. The inspection revealed that Chrome sent vast amounts of users’ personal information to Google regardless of whether those users chose to sync their browsers with their Google accounts. Google had promised, however, that Chrome would not send personal information to Google unless the Chrome user elected to sync the browser with a Google account.

Google did not deny the results of the expert investigation but argued that Google’s Chrome-specific privacy promises did not apply when the company-wide privacy policy generally describes data collection when visiting Google partner websites. Google argued that the general policy should govern any browser-agnostic data collection—i.e., that the Chrome-specific privacy promises should only apply to Chrome functions that are unique to Chrome. 

The Ninth Circuit fully rejected Google’s argument, finding that Google’s disclosures and promises must be interpreted based on how a “reasonable user” with ordinary computer skills would interpret them, instead of focusing on “browser agnosticism,” a standard that required more than seven hours of expert testimony in the district court to figure out. But as the Ninth Circuit wrote, “browser agnosticism is irrelevant because nothing in Google’s disclosures is tied to what other browsers do.”

Immediately following the ruling, reporters Xu Yuan and Mike Swift of MLex wrote that the decision is “likely to reverberate widely” and “to have significant implications for ongoing litigation.” The authors also noted that the court’s adoption of an “objective standard” will be relevant to class certification.

Google Chrome users are represented by David Straite and Adam Prom, assisted by Amy Keller and Corban Rhodes, of DiCello Levitt LLP; Lesley Weaver, Anne Davis, and Joshua Samra of Bleichmar Fonti & Auld LLP; Jason ‘Jay’ Barnes and An Truong of Simmons Hanly Conroy LLP; and, on appeal, by Matt Wessler of Gupta Wessler LLP.

DiCello Levitt is grateful for the amicus support from a bipartisan coalition of 19 states, led by the State of Texas; the Electronic Privacy Information Center (EPIC); the American Association for Justice; and the Consumer Attorneys of California.

About DiCello Levitt

At DiCello Levitt, we’re dedicated to achieving justice for our clients through class action, data privacy, civil and human rights, business-to-business, public client, whistleblower, personal injury, and mass tort litigation. Our lawyers are highly respected for their ability to litigate and win cases—whether by trial, settlement, or otherwise—for people who have suffered harm, global corporations that have sustained significant economic losses, and public clients seeking to protect their citizens’ rights and interests. Every day, we put our reputations—and our capital—on the line for our clients.

DiCello Levitt has achieved top recognition as 2023 Plaintiffs Firm of the Year and 2023 Trial Innovation Firm of the Year by The National Law Journal, in addition to being the only law firm to be recognized by Law360 for three consecutive years as Cybersecurity and Data Privacy Practice Group of the Year. In 2022, David Straite was recognized as a Law360 Cybersecurity and Data Privacy MVP. For more information about the firm, including recent trial victories and case resolutions, please visit www.dicellolevitt.com.

Contact

David Straite: (646) 933-1000 or dstraite@dicellolevitt.com

View original content to download multimedia:https://www.prnewswire.com/news-releases/dicello-levitt-announces-landmark-victory-for-chrome-users-in-the-ninth-circuit-with-ruling-that-may-have-reverberations-across-privacy-litigation-302229108.html

SOURCE DiCello Levitt LLP

Related Topics:
Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Technology

XLCS Partners advises Concurrent Utility Services on sale to UniTek Global Services

Published

54 minutes ago

on

July 23, 2026

By

NASHVILLE, Tenn., July 23, 2026 /PRNewswire/ — XLCS Partners, Inc., a leading middle market investment bank, is pleased to announce that it served as exclusive M&A advisor to Concurrent Utility Services LLC on its acquisition by UniTek Global Services, Inc., a portfolio company of New Mountain Finance Corporation (Nasdaq: NMFC) and its affiliates, and BTG Pactual Strategic Capital.

Headquartered in Miami, Florida, Concurrent is a licensed general and electrical contractor providing infrastructure development and maintenance services to electric utilities, telecom providers, and land developers throughout the Southeast United States. The company’s capabilities span overhead and underground utility construction, professional telecom services, emergency service restoration, in-building networks, environmental services, and data center development. Backed by a safety-first culture and an experienced workforce, Concurrent has built a strong regional platform and a reputation for quality across the markets it serves.

UniTek is a leading digital infrastructure services provider supporting the expansion of fiber and data center connectivity across the U.S. and Canada. With over 600 employees and 60 locations, UniTek delivers a full suite of infrastructure services. The acquisition of Concurrent accelerates UniTek’s Power Services Division, which launched in July 2025 to broaden the company’s maintenance, repair, upgrade, and new infrastructure development services for the power sector. Concurrent’s established Southeast footprint and power capabilities directly complement UniTek’s existing broadband and data center infrastructure platform, positioning the combined company to capitalize on growing demand for resilient, modernized power infrastructure. Concurrent will continue to operate under its established brand, maintaining uninterrupted service for its customers.

“Selling Concurrent was one of the biggest decisions of my career, and Anthony, Jay, and the XLCS team guided us through every step with professionalism and genuine care for our people,” said Steve Sarno, CEO of Concurrent. “They stayed fully engaged throughout, gave us honest and thoughtful advice, kept our best interests front and center, and delivered an outcome that exceeded our expectations. I would recommend them without hesitation to any owner considering a transaction.”

XLCS acted as the exclusive M&A advisor to Concurrent, and the transaction was led by Anthony Contaldo, Partner, and Jay Cremer, Vice President. The transaction was completed on July 1, 2026.

About XLCS Partners, Inc.

XLCS Partners is a leading global investment banking firm providing M&A advisory services. Visit www.xlcspartners.com for more information.

Media Contact: 
Kendra Span 
kspan@xlcspartners.com
615-379-7783

View original content to download multimedia:https://www.prnewswire.com/news-releases/xlcs-partners-advises-concurrent-utility-services-on-sale-to-unitek-global-services-302833542.html

SOURCE XLCS Partners, Inc.

Continue Reading

Technology

XLCS Partners advises Concurrent Utility Services on sale to UniTek Global Services

Published

54 minutes ago

on

July 23, 2026

By

NASHVILLE, Tenn., July 23, 2026 /PRNewswire/ — XLCS Partners, Inc., a leading middle market investment bank, is pleased to announce that it served as exclusive M&A advisor to Concurrent Utility Services LLC on its acquisition by UniTek Global Services, Inc., a portfolio company of New Mountain Finance Corporation (Nasdaq: NMFC) and its affiliates, and BTG Pactual Strategic Capital.

Headquartered in Miami, Florida, Concurrent is a licensed general and electrical contractor providing infrastructure development and maintenance services to electric utilities, telecom providers, and land developers throughout the Southeast United States. The company’s capabilities span overhead and underground utility construction, professional telecom services, emergency service restoration, in-building networks, environmental services, and data center development. Backed by a safety-first culture and an experienced workforce, Concurrent has built a strong regional platform and a reputation for quality across the markets it serves.

UniTek is a leading digital infrastructure services provider supporting the expansion of fiber and data center connectivity across the U.S. and Canada. With over 600 employees and 60 locations, UniTek delivers a full suite of infrastructure services. The acquisition of Concurrent accelerates UniTek’s Power Services Division, which launched in July 2025 to broaden the company’s maintenance, repair, upgrade, and new infrastructure development services for the power sector. Concurrent’s established Southeast footprint and power capabilities directly complement UniTek’s existing broadband and data center infrastructure platform, positioning the combined company to capitalize on growing demand for resilient, modernized power infrastructure. Concurrent will continue to operate under its established brand, maintaining uninterrupted service for its customers.

“Selling Concurrent was one of the biggest decisions of my career, and Anthony, Jay, and the XLCS team guided us through every step with professionalism and genuine care for our people,” said Steve Sarno, CEO of Concurrent. “They stayed fully engaged throughout, gave us honest and thoughtful advice, kept our best interests front and center, and delivered an outcome that exceeded our expectations. I would recommend them without hesitation to any owner considering a transaction.”

XLCS acted as the exclusive M&A advisor to Concurrent, and the transaction was led by Anthony Contaldo, Partner, and Jay Cremer, Vice President. The transaction was completed on July 1, 2026.

About XLCS Partners, Inc.

XLCS Partners is a leading global investment banking firm providing M&A advisory services. Visit www.xlcspartners.com for more information.

Media Contact: 
Kendra Span 
kspan@xlcspartners.com
615-379-7783

View original content to download multimedia:https://www.prnewswire.com/news-releases/xlcs-partners-advises-concurrent-utility-services-on-sale-to-unitek-global-services-302833542.html

SOURCE XLCS Partners, Inc.

Continue Reading

Technology

Fathom Applauds Introduction of the FRONTIER Act, the First Federal Blueprint for Independent AI Verification

Published

54 minutes ago

on

July 23, 2026

By

Reps. Lori Trahan (D-MA-03) and Jay Obernolte (R-CA-23) introduce a bill to build a competitive marketplace of independent verifiers for frontier AI models.

WASHINGTON, July 23, 2026 /PRNewswire/ — Fathom welcomes the introduction of the FRONTIER Act, the most complete federal framework yet for independent, third-party verification of frontier AI. The legislation is built to earn public trust as AI technology continues to accelerate. As frontier systems begin to take autonomous action in the world, the gap between what these models can do and our ability to keep them in check is widening. FRONTIER is the starting point to close that gap.

“AI governance keeps running into the same wall. The technology is hard to measure and it moves faster than any law can keep up with,” said Andrew Freedman, Co-Founder and CEO of Fathom. “Trying to write the perfect rules and freezing them in place won’t work. What will work is a competitive market of independent verifiers who are accountable for real-world outcomes and who the government can actually count on. The FRONTIER Act shows we can move fast and still get this right.”

The bill gets the fundamentals correct. It sets one public standard – the adequate mitigation of catastrophic risk – and holds both the AI companies and their independent verifiers accountable to it. FRONTIER does not freeze a single testing method into statute. Instead, it licenses competing verification organizations, allows them to sharpen their methods, and gives the government the power to revoke a license when a verifier’s work does not hold up in the field. That is how you build a system that keeps pace with the science instead of falling behind it.

Fathom thanks Reps. Trahan and Obernolte for their leadership, and for their courage in releasing a discussion draft, inviting scrutiny, and incorporating substantive improvements from across the field. One priority improvement as the bill advances: giving the government a fuller range of tools to act upstream – for pushing companies to close identified gaps in risk mitigation early, rather than only once a catastrophe is imminent. We are committed to working with these sponsors, committees of jurisdiction, and Congressional leadership to continue refining the bill in the weeks and months ahead.

About Fathom
Fathom is an independent nonprofit whose mission is to build a governance architecture that helps society navigate the transition to a world with AI by fostering trust, safety, and innovation. Fathom has developed and championed the independent verification model for AI and works with policymakers across the country to put it into practice. Learn more at http://fathom.org.

View original content to download multimedia:https://www.prnewswire.com/news-releases/fathom-applauds-introduction-of-the-frontier-act-the-first-federal-blueprint-for-independent-ai-verification-302833546.html

SOURCE Fathom AI Inc.

Continue Reading

Trending