United States: Class Actions

A federal court in California dismissed all nine claims in a privacy class action against Adobe, ruling that plaintiffs cannot establish lack of consent by merely asserting they never gave it. The decision establishes critical pleading standards for consent in tracking device cases, requiring plaintiffs to allege specific facts about what they saw on websites and why disclosures failed, rather than simply denying consent occurred.

Plaintiffs' experts in antitrust class actions often employ a two-step econometric method to demonstrate common impact across class members. New research reveals fundamental flaws in this widely-used approach, showing how it systematically produces false positives and identifies class-wide impact even when no actual harm occurred.

The EEOC has officially adopted its Strategic Plan for Fiscal Years 2026-2030, establishing an institutional framework that will guide the agency's enforcement, outreach, and internal operations through the end of the decade. This comprehensive plan sets forth three strategic goals with seventeen performance measures, revealing how the agency intends to allocate resources, measure success, and hold itself accountable while maintaining a 90% litigation win rate and expanding its systemic enforcement program.