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Overview AI Webinar Summary

The New Frontier of Privacy Litigation

Tracking technologies, such as advertising pixels, session replay tools and AI-powered chat widgets, are now the centerpiece of a wave of privacy class action lawsuits carrying statutory damages of thousands of dollars per violation, often without proof of actual harm. This program gives counsel a practical understanding of how these technologies work, why they generate legal exposure, and how to defend against the claims they attract.

The presenters will cover the technologies plaintiffs target most and map them to the legal theories driving current litigation, including CIPA, VPPA, and state wiretap analogs. The program also addresses FTC and HHS enforcement, the state privacy law landscape, and a practical defense playbook covering litigation strategy, consent architecture, and compliance triage.

Duration of this webinar: 60 minutes

Originally broadcast: April 28, 2026 10:00 AM PT

Webinar Highlights

This webinar is divided into section summaries, which you can scan for key points and then dive into the sections that interest you the most.

00:00 Privacy Litigation Overview

The webinar will discuss how old statutes are being used to create new legal theories with significant exposure for companies. The speakers, Colin and Michael, draw parallels between privacy litigation and ADA website accessibility claims, highlighting the ambiguity and grayness in the law. They explain how plaintiffs exploit these ambiguities to file numerous lawsuits, often using tracking technology as a basis for privacy invasion claims. The discussion includes the potential for significant penalties under statutes like CIPA, which can escalate exposure quickly for companies. The speakers highlight the tension between sales and marketing goals and legal compliance, emphasizing the role of technology in data collection and targeted advertising.

14:11 Web Tracking Technologies

The speakers delve into the technical aspects of web tracking technologies and their implications for privacy litigation. They explain how demand letters often challenge companies on data storage, practices, and policies, leading to potential class action filings. Colin and Michael discuss the role of pixels and scripts in intercepting user interactions and transmitting data to third parties. They highlight the importance of understanding vendor roles and the potential for litigation based on how data is used and stored. The discussion covers the triggers for privacy lawsuits, such as sensitive URLs, form field capture, and pre-consent firing of tracking technologies.

35:55 Legal Theories and Defenses

The speakers discuss the legal theories and defenses related to privacy litigation, focusing on statutes like CIPA and the Federal Wiretap Act. They explain the significant risks posed by statutory penalties and the lack of a harm requirement for establishing violations. They discuss the evolving landscape of privacy litigation, noting the spread of cases beyond California to other states like Florida. The speakers mention legislative attempts to amend statutes like CIPA and the ongoing pressure from privacy advocates and businesses. Colin and Michael explain the party exemption defense and the role of third parties in determining violations.

48:19 Regulatory Risks and Compliance

Colin and Michael highlight the importance of keeping privacy policies updated to comply with evolving state laws and regulatory requirements. The speakers discuss the role of state regulators and the FTC in enforcing privacy laws, particularly concerning sensitive data. They emphasize the need for companies to align their disclosures with actual practices to avoid regulatory scrutiny. The discussion includes the importance of understanding the regulatory landscape and the potential for coordinated multi-state activities.

Please note this AI-generated summary provides a general overview of the webinar but may not capture all details, nuances, or the exact words of the speaker. For complete accuracy, please refer to the original webinar recording.

Speakers

J. Colin Knisely Partner
Duane Morris LLP

J. Colin Knisely concentrates his practice in the areas of commercial litigation, including class action litigation arising out of state and federal privacy laws, and regularly counsels clients in the complex areas of privacy, cybersecurity, ransomware attacks and data breach response. Mr. Knisely also represents clients on claims concerning accessibility of their public facing websites, and frequently consultants with clients regarding compliance with the Web Content Accessibility Guidelines (WCAG), the Americans with Disabilities Act (ADA), and various state and local accessibility laws and regulations. Read More ›

Michael S. Zullo Partner
Duane Morris LLP

Michael S. Zullo serves as a team lead for the firm's Banking and Finance industry group. Mr. Zullo has been representing banks and other financial institutions in all manner of litigation for almost 20 years. He has appeared before federal and state courts nationwide and has a proven track record of success in the courtroom. He has also resolved hundreds of matters outside of the courtroom, employing a practical, problem-solving approach that puts client goals first. Mr. Zullo draws on his years of experience working closely with both the former general counsel and head of litigation of a large publicly traded bank to manage client risks and present pragmatic and business-minded solutions. Read More ›

Continuing Legal Education (CLE) Credits

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Alaska CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: April 27, 2031

California CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: June 30, 2026

Hawaii CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: April 27, 2028

Illinois CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: May 3, 2028

New Jersey CLE

Status: Approved

Credits: 1.20 General

Earn Credit Until: April 27, 2027

North Carolina CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: February 28, 2027

Ohio CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: December 31, 2026

Pennsylvania CLE

Status: Approved

Credits: 1.00 Substantive Law, Practice, and Procedure

Earn Credit Until: April 27, 2028

Texas CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: March 31, 2027

Vermont CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: April 28, 2031

This presentation is approved for one hour of General CLE credit in Alaska, one hour of General CLE credit in California, one hour of General CLE credit in Hawaii, one hour of General CLE credit in Illinois, one hour of General CLE credit in North Carolina, one hour of General CLE credit in Ohio, one hour of Substantive Law, Practice, and Procedure CLE credit in Pennsylvania, and one hour of General CLE credit in Vermont. This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.20 hours of total CLE credit. This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.00 credit hours.

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