Client Issue:
A prominent American sports league was the subject of a class action lawsuit alleging violations of the Video Privacy Protection Act (VPPA) with serving ads in video streams in its Android application. The complaint referenced dynamic testing of the sport league’s application and online documentation of third-party and provider Application Programming Interfaces (APIs).
CRA Approach:
Discovery consulting: CRA’s digital forensic expert supported counsel representing the sports league by drafting comprehensive and clearly defined discovery requests for source code and technical information. These requests included examples of the types of information expected and the preferred formats for production.
Source Code Analysis:
- Source code produced by the plaintiff expert revealed how their custom dynamic testing environment was configured and functioned, particularly highlighting the circumstances under which it would accurately or inaccurately record certain information.
- Source code produced by a third-party ad provider focused on how users could opt out of ads.
- Source code produced by the sports league for their Android application focused on how their application communicated with the third-party ad provider’s Software Development Kit (SDK).
Expert Declarations:
Our expert prepared and submitted two declarations clearly describing his findings for the judge and clerk to understand and to connect to the broader context of the dispute.
Client Impact:
The judge dismissed all claims in the case with prejudice shortly after our expert submitted his second declaration, and before any formal expert reports were filed or expert depositions occurred.
