The Cybersecurity Law Report recently featured BFA Partner Lesley Weaver in an article about a rare digital privacy verdict in which a federal jury found that Meta illegally eavesdropped on millions of women who entered menstrual and pregnancy health data into the Flo Period and Ovulation Tracker app (Flo app). The decision, which may result in hundreds of millions of dollars in damages, signals significant legal exposure for companies relying on third-party software development kits to collect user data.
Lesley, reflecting on the dynamics of trying privacy cases before a jury in the Bay Area, noted the unique challenges plaintiffs face: “Lawyers may face cynical jurors who say, ‘I assume everybody’s taking everything data-wise. I don’t believe anything anybody says.’ The plaintiffs have to win over that juror,” she told Cybersecurity Law Report.
