California Invasion of Privacy Act Cookie and Pixel Litigation

Matthew Eanet
Matthew Eanet
Eanet, PC

Matthew Eanet is the Managing Shareholder at Eanet, PC, where he manages a diverse caseload that includes complex commercial litigation matters involving real estate, employment, trade secrets, trademark and trade dress, data breach, privacy litigation, and general business disputes.

Matthew J. Smith
Matthew J. Smith
Tauler Smith LLP

Matthew J. Smith is a founding partner in the law firm Tauler Smith LLP. His practice focuses on Foreign Corrupt Practices Act (FCPA) internal investigations and white-collar defense matters, including government enforcement proceedings, class actions, and shareholder derivative actions. He has extensive experience with the FCPA and international compliance and has conducted over 100 FCPA investigations throughout Asia, including mainland China, Hong Kong, Indonesia, Malaysia, Singapore, Korea, and Vietnam.

Live Video-Broadcast: June 18, 2026

2 hour CLE

Tuition: $195.00
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Program Summary

Master CIPA Sections 631, 632.7, and 638.51 to defend cookie and pixel class actions, build consent-based defenses, and architect compliant tracking programs that survive demand letter campaigns.

What Will You Learn

Attorneys will learn to defend CIPA Section 631, 632.7, and 638.51 cookie and pixel claims, evaluate consent architecture, and triage demand letter and class action exposure.

What Will You Gain

Competencies in layered consent design, vendor-as-tool defenses, pen-register and trap-and-trace analysis, federal ECPA and VPPA stacking, and SB 690 and appellate impact assessment.

Key topics to be discussed: 

  • CIPA framework
    Sections 631, 632.7, and 638.51 deployed against cookies, pixels, and chat tools.
  • Consent defense
    Prior, informed, unambiguous consent and layered banner architecture at motion-to-dismiss stage.
  • Section 631
    Four-clause anatomy covering interception, contents-in-transit, use-or-disclose, and aid-and-abet liability theories.
  • Pen register
    Section 638.51 device-or-process definition and the metadata-versus-contents litigation line.
  • Federal stacking
    ECPA one-party consent, crime-tort exception, and the VPPA parallel exposure front.
  • Reform tracking
    SB 690 commercial business purpose carve-out and pending appellate review of 638.51.

This course is co-sponsored with myLawCLE.

Date / Time: June 18, 2026

  • 1:00 pm – 3:10 pm Eastern
  • 12:00 pm – 2:10 pm Central
  • 11:00 am – 1:10 pm Mountain
  • 10:00 am – 12:10 pm Pacific

Closed-captioning available

Speakers

Matthew Eanet, Shareholder | Eanet, PC

Matthew Eanet is the Managing Shareholder at Eanet, PC, where he manages a diverse caseload that includes complex commercial litigation matters involving real estate, employment, trade secrets, trademark and trade dress, data breach, privacy litigation, and general business disputes. With extensive trial experience that includes tenure as a military prosecutor and significant private practice exposure with an established national firm, Matt applies a proven track record for securing successful outcomes across every phase of litigation, from pre-trial counseling to aggressive advocacy at trial. He is focused on obtaining the best outcome for his clients, whether through settlement, motion practice, or trial.

  • Education & Credentials

Matt earned his J.D. from The George Washington University School of Law, where he served as an editor on the George Washington Law Review and graduated with honors. He earned his undergraduate degree from Denison University, summa cum laude. He is admitted to the California Bar, the U.S. District Court for the Central District of California, the U.S. Court of Appeals for the Ninth Circuit, the U.S. Court of Claims, and the Court of Appeals for the Federal Circuit.

  • Recognition & Leadership

Matt has been named a top attorney in business litigation. He was named a Rising Star by Super Lawyers (California) in 2013 and selected to Super Lawyers (California) for the years 2015 through 2020. Pasadena Magazine honored him as a Top Attorney in 2016. From 2008 to 2009, he was deployed to the Middle East in support of Operation Iraqi Freedom and was awarded the Bronze Star Medal.

  • Professional Involvement

Matt serves as an Arbitrator for the Los Angeles County Bar Association Attorney Client Fee Arbitration Service, where he has adjudicated numerous fee disputes between attorneys and their clients. He is a member of ProVisors and Vistage Worldwide. From 2001 to 2014, he served in the U.S. Army Reserves, first as a Combat Engineer and most recently as a Judge Advocate General (JAG).

  • Experience

Before forming Eanet, PC, Matt was an attorney at Reeder Lu LLP, a Los Angeles-based real estate litigation firm, and a managing partner at Eanet McCreary, LLP. He served as a Deputy City Attorney for the City of Los Angeles, where he brought over 20 trials to verdict and was selected to serve in a highly selective civil litigation program for troubled real property. He began his legal career with Manatt, Phelps and Phillips, LLP. He has prevailed on summary judgment, secured six- and seven-figure verdicts and settlements, and writes extensively on California privacy litigation, including recent commentary on CIPA trends and the Briskin v. Shopify personal jurisdiction decision.

 

Matthew J. Smith, Founding Partner | Tauler Smith LLP

Matthew J. Smith is a founding partner in the law firm Tauler Smith LLP. His practice focuses on Foreign Corrupt Practices Act (FCPA) internal investigations and white-collar defense matters, including government enforcement proceedings, class actions, and shareholder derivative actions. He has extensive experience with the FCPA and international compliance and has conducted over 100 FCPA investigations throughout Asia, including mainland China, Hong Kong, Indonesia, Malaysia, Singapore, Korea, and Vietnam. His practice also includes developing anticorruption compliance programs and consulting clients on FCPA and international compliance issues.

  • Education & Credentials

Matthew Smith is admitted to practice in the State of California. He previously served as a Lecturer on Law at Harvard Law School and as an Adjunct Professor at Georgetown University Law Center, where he taught courses on negotiation and dispute resolution.

  • Recognition & Leadership

Matthew has served on the Recent Graduates Council of the Harvard Law School Association and remains active in the Los Angeles community. He was a Fellow with the Harvard Negotiation & Mediation Clinical Program, working with clients on projects focused on conflict management and consensus building.

  • Professional Involvement

Matthew has served as a professional negotiation and communication trainer and as a consultant for a broad range of corporate and legal clients. Through his work at Harvard, Georgetown, and Tauler Smith LLP, he has contributed to the development of negotiation and dispute resolution practice across both academic and corporate audiences.

  • Experience

In addition to FCPA matters, Matthew handles complex litigation across securities litigation, trademark, unfair competition, and white-collar criminal defense. His trial experience includes work on a high-profile matter involving the largest financial restatement ever issued, in which he helped secure the dismissal of both criminal charges and a related SEC action pending against his client. He has represented a major oil services provider in an FCPA investigation of sales agents throughout Asia, the founder of a leading semiconductor company in a shareholder derivative action and securities class action, and a foreign government entity on complex international attorney-client privilege issues.

Agenda

SESSION 1 – Cookie Claims, Consent Defenses, and CIPA Reform | 1:00pm – 2:00pm

Maps Sections 631, 632.7, and 638.51 against current website-tracking deployments, the $5,000 damages model, the party exception and vendor-as-tool extension, layered consent architecture, banner design, opt-out propagation, pending appellate review, and the SB 690 carve-out.

BREAK | 2:00pm – 2:10pm

SESSION 2 – Section 631, 638.51, and the Plaintiff Toolkit | 2:10pm – 3:10pm

Breaks down the four-clause anatomy of Section 631, pen-register and trap-and-trace claims, TransUnion standing, personal jurisdiction, ECPA stacking, the VPPA parallel, intrusion-upon-seclusion and constitutional privacy, and the surviving plaintiff toolkit if CIPA is narrowed.

Credits

Alaska

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Alaska’s recognition of multi-jurisdictional reciprocity.
Alabama

Pending CLE Approval
2 General

Arkansas

Approved for CLE Credits
2 General

Arizona

Approved for CLE Credits
2 General

California

Approved for CLE Credits
2 General

Connecticut

Approved for CLE Credits
2 General

District of Columbia

No MCLE Required
2 CLE Hour(s)

Florida

Approved via Attorney Submission
2 General Hours

Receive CLE credit in Florida via attorney submission.
Georgia

Pending CLE Approval
2 General

Hawaii

Approved for CLE Credits
2 General

Massachusetts

No MCLE Required
2 CLE Hour(s)

Maryland

No MCLE Required
2 CLE Hour(s)

Michigan

No MCLE Required
2 CLE Hour(s)

Missouri

Approved for CLE Credits
2.4 General

Mississippi

Pending CLE Approval
2 General

North Dakota

Approved for CLE Credits
2 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
New Hampshire

Approved for CLE Credits
120 General minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New Jersey’s recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for CLE Credits
2 General

New York

Approved for CLE Credits
2 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Pending CLE Approval
2 General

Pennsylvania

Approved for CLE Credits
2 General

South Dakota

No MCLE Required
2 CLE Hour(s)

Tennessee

Pending CLE Approval
2 General

Vermont

Approved for CLE Credits
2 General

Wisconsin

Pending CLE Approval
2 General

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