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

Colin Knisely
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.

Michael Zullo
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.

On-Demand: September 29, 2025

2 hour CLE

Tuition: $195.00
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Program Summary

Digital tracking technologies have become essential business tools enabling companies to optimize user experiences, personalize services, and drive revenue growth. However, these same technologies are generating unprecedented legal exposure through privacy class actions, regulatory enforcement, and accessibility challenges across federal and state jurisdictions. The integration of artificial intelligence into web tracking and analytics has intensified both the sophistication of these tools and the complexity of resulting litigation. Companies now face a rapidly expanding web of privacy laws, evolving judicial interpretations, and aggressive plaintiff strategies targeting everything from session replay technology to basic cookie implementations.

This program will examine current litigation trends, decode emerging regulatory requirements, and provide risk mitigation strategies for navigating this complex legal landscape.

Key topics to be discussed: 

  • Current privacy class action trends: Analyzing recent court rulings, and evolving plaintiff theories of liability
  • Federal and state regulatory landscape, such as CCPA, state biometric laws, FTC enforcement priorities, and emerging legislation
  • AI-enhanced tracking technologies under legal scrutiny: Session replay, behavioral analytics, consent management, and automated decision-making tools
  • Practical compliance frameworks: Risk assessment protocols, vendor management strategies, and defensible privacy program design

This course is co-sponsored with myLawCLE.

Closed-captioning available

Speakers

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.

Agenda

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

Credits

Alaska

Approved for CLE Credits
2 General

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

Approved for Self-Study Credits
2 General

Arkansas

Approved for CLE Credits
2 General

Arizona

Approved for CLE Credits
2 General

California

Approved for CLE Credits
2 General

Colorado

Pending CLE Approval
2 General

Connecticut

Approved for CLE Credits
2 General

District of Columbia

No MCLE Required
2 CLE Hour(s)

Delaware

Pending CLE Approval
2 General

Florida

Approved via Attorney Submission
2.5 General Hours

Receive CLE credit in Florida via attorney submission.
Georgia

Pending CLE Approval
2 General

Hawaii

Approved for CLE Credits
2.4 General

Iowa

Pending CLE Approval
2 General

Idaho

Pending CLE Approval
2 General

Illinois

Approved for Self-Study Credits
2 General

Indiana

Pending CLE Approval
2 General

Kansas

Pending CLE Approval
2 Substantive

Kentucky

Pending CLE Approval
2 General

Louisiana

Pending CLE Approval
2 General

Massachusetts

No MCLE Required
2 CLE Hour(s)

Maryland

No MCLE Required
2 CLE Hour(s)

Maine

Pending CLE Approval
2 General

Michigan

No MCLE Required
2 CLE Hour(s)

Minnesota

Approved for Self-Study Credits
2 General

Missouri

Approved for Self-Study Credits
2.4 General

Mississippi

Pending CLE Approval
2 General

Montana

Pending CLE Approval
2 General

North Carolina

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
Nebraska

Pending CLE Approval
2 General

myLawCLE reports attendance to Nebraska on each attorney’s behalf for all programs. Please do not self-report.
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 Self-Study Credits
2 General

Nevada

Pending CLE Approval
2 General

New York

Approved for CLE Credits
2.4 General

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

Approved for Self-Study Credits
2 General

Oklahoma

Pending CLE Approval
2.5 General

Oregon

Pending CLE Approval
2 General

Pennsylvania

Approved for Self-Study Credits
2 General

Rhode Island

Pending CLE Approval
2.5 General

South Carolina

Pending CLE Approval
2 General

South Dakota

No MCLE Required
2 CLE Hour(s)

Tennessee

Approved for Self-Study Credits
2 General

Texas

Approved for CLE Credits
2 General

Utah

Pending CLE Approval
2 General

Virginia

Not Eligible
2 General Hours

Vermont

Approved for CLE Credits
2 General

Washington

Approved via Attorney Submission
2 Law & Legal Hours

Receive CLE credit in Washington via attorney submission.
Wisconsin

Pending CLE Approval
2 General

West Virginia

Pending CLE Approval
2.4 General

Wyoming

Pending CLE Approval
2 General

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