Web Tracking on Trial: Privacy Class Actions, AI Misrepresentation Claims, and Compliance Risks

Colin Knisely | 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. Mr. Knisely also specializes in litigation related to Title III of the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA), while also handling a variety of other matters, including employment law issues, professional liability litigation, insurance coverage, and products liability litigation. He has experience in all aspects of commercial litigation, including lead roles in numerous trials in state and federal courts, arbitrations and appeals.

Michael Zullo | Duane Morris LLP

Michael S. Zullo serves as a team lead for the firms Banking and Finance industry group. Mr. Zullo has been representing banks and other financial institutions in all manners 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 clients’ 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.

I. Current privacy class action trends: Analyzing recent court rulings, and evolving plaintiff theories of liability | 1:00pm – 1:30pm

II. Federal and state regulatory landscape, such as CCPA, state biometric laws, FTC enforcement priorities, and emerging legislation | 1:30pm – 2:00pm

Break | 2:00pm – 2:10pm

III. AI-enhanced tracking technologies under legal scrutiny: Session replay, behavioral analytics, consent management, and automated decision-making tools | 2:10pm – 2:40pm

IV. Practical compliance frameworks: Risk assessment protocols, vendor management strategies, and defensible privacy program design | 2:40pm – 3:10pm