In an effort to overcome hurdles to Article III standing, many website wiretapping suits today accuse businesses of unlawfully sharing sensitive health or financial data with third parties. However, Federal Rule of Civil Procedure 11(b) requires plaintiffs’ lawyers to ensure that these “factual contentions” in a complaint “have evidentiary support.” A California federal judge gave teeth to this requirement in a recent sanctions order, admonishing the plaintiff’s lawyers for “advancing unfounded and irrelevant allegations” about a business’s sharing of “health information.” Mitchener v. Talkspace Network LLC, No. 2:24-CV-07067-JAK (BFMX), 2026 WL 84466, at *3-4 (C.D. Cal. Jan. 7, 2026).
Continue Reading Sanctions Order in Website Wiretapping Suit Reinforces Importance of Early Fact Investigation
Rachel Lia
Rachel Lia is an associate in the firm’s Washington, DC office. She is a member of the Litigation and Investigations Practice Group.
Prior to joining the firm, she served as a law clerk to Judge William L. Osteen, Jr., on the U.S. District Court for the Middle District of North Carolina.
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