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Adil M. Khan is a Shareholder in Vedder Price’s Los Angeles office and a member of the firm’s Litigation practice area. Mr. Khan focuses his practice on complex commercial litigation disputes and class action defense. He has experience handling a variety of matters including false advertising, unfair competition, product liability, and contract disputes. He has significant experience defending against claims based on so-called “junk fees” and alleged practices involving strikethrough and reference pricing. His practice spans across multiple industries including e-commerce, retail, food service, private equity, nutritional supplements, financial services, homebuilding, and motor vehicle.

Faced with waves of consumer lawsuits targeting common website tools like browser cookies, tracking pixels, and live chat features, businesses are often frustrated by the outsized exposure posed by seemingly “no-injury” claims. (See, for example, last week’s post about CIPA claims.) The Ninth Circuit Court of Appeals recently provided some comfort by clarifying what a plaintiff must allege to show “concrete injury” as required for Article III standing. The court’s decision in Popa v. Microsoft Corp., No. 24-14, 2025 WL 2448824 (9th Cir. Aug. 26, 2025), strengthens defenses to online privacy claims—with broad application to other types of consumer claims as well—holding that standing requires more than just an alleged statutory violation.Continue Reading Popa v. Microsoft Corporation, et al.: Ninth Circuit Clarifies Article III Standing Requirements and Strengthens Defenses to Internet Privacy and Other Consumer Claims