Media Mentions
Privacy Daily Quotes Benesch Partner David Krueger on VPPA Court Rulings
August 25, 2025
Benesch Partner David Krueger was featured in Privacy Daily’s article, “VPPA Decisions Not Always Centered Around Term Definitions, Privacy Lawyers Say.” The piece explores how recent court decisions are shaping interpretations of the Video Privacy Protection Act (VPPA) of 1988, particularly regarding the definition of “consumer” and the application of the “ordinary person” standard.
Krueger noted that the Second Circuit’s ruling in Solomon v. Flipps Media reflects judicial differences in interpreting the statute:
“They say, ‘All right, we endorsed a broader reading of what it means to be a subscriber and consumer, but by the same token, here’s how we feel the statute says in terms of whether or not an ordinary consumer applies.’ And the answer is that it does, and the average person can’t make heads or tails out of that data being sent to … Meta.”
Krueger also emphasized the practical implications of expanding VPPA liability:
“Just from a practical standpoint, there’s already significant enough liability, if you’re just looking at renting or subscribing to videotapes [or a] videotape service provider. That by itself … is already enough to explode it [and] create significant exposure. Are we going to explode it even more, beyond what Congress probably would have rationally intended?”
Latest News
Benesch Partners Kevin Frankel, Holly Gross and Managing Associate Bianca Smith Publish Law360 Article on Senate Ban on Prediction Market Trading
Kevin Frankel, partner and chair of the firm’s State Attorneys General practice group, along with Holly Gross, Partner, and Bianca Smith, Managing Associate, has published an article in Law360. The article, titled “Big Issues Linger After Senate Prediction Market Trading Ban.”
Bloomberg Law Quotes Benesch Partner William Walsh on CFTC Resource Strain Amid Expanding Role
Benesch Partner William Walsh was quoted in a recent Bloomberg Law article titled “CFTC’s Ex-Leaders Doubt It Can Juggle Crypto, Prediction Markets.” The article examines the CFTC’s rapid expansion into overseeing prediction markets and potentially becoming the primary U.S. crypto regulator under new legislation, even as the agency faces steep staffing losses and limited funding.
Benesch Partner Michael Vatis Interviews with NewsNation on U.S.–Iran Conflict and the Strait of Hormuz
Michael Vatis, partner in the firm’s Litigation and Data Privacy & Cybersecurity Practice Groups and founding head of the FBI’s computer crime and infrastructure protection program, was recently interviewed by NewsNation for the story, “Trump and Xi discuss Strait of Hormuz and Iran conflict.”
Benesch Partner Kevin Frankel Quoted in Law.com on Prediction Markets Regulatory Battle
Law.com recently quoted Kevin Frankel, a partner at Benesch and chair of the firm’s State Attorneys General Practice Group, in an in‑depth examination of the growing legal conflict over prediction markets, highlighting the unresolved tension between federal regulation and state authority over sports-related event contracts.