Course Description
This presentation discusses the strategies and frameworks needed to defend clients against the growing wave of litigation arising from common digital marketing technologies. The discussion will examine the statutory landscape — including the Video Privacy Protection Act, the Electronic Communications Privacy Act, CAN-SPAM, and state wiretapping laws — as applied to tracking pixels, cookie-based analytics, email marketing practices, and video content platforms. Through examples drawn from recent high-profile lawsuits against major retailers, healthcare providers, and media companies, attendees will learn how to engage in pre-suit risk assessment, motion practice, and crafting defenses around consent, standing, and statutory interpretation. The course also addresses emerging regulatory developments and how proactive compliance counseling can reduce clients’ exposure before litigation begins.
Principles
- Understanding the Statutory and Regulatory Landscape Analyze the application of federal and state privacy laws—including the Video Privacy Protection Act (VPPA), Electronic Communications Privacy Act (ECPA), CAN-SPAM Act, and state wiretapping laws—to digital marketing technologies and related litigation.
- Evaluating Litigation Risks Associated with Digital Tracking Technologies Identify potential legal exposure arising from tracking pixels, cookies, email marketing tools, analytics platforms, and embedded video technologies, including how data collection and disclosure practices may trigger privacy claims.
- Developing Defenses Based on Standing, Consent, and Statutory Interpretation Evaluate key defenses to digital privacy lawsuits, including Article III standing, user consent, statutory scope, and the interpretation of allegedly prohibited disclosures or interceptions of electronic communications.
- Applying Effective Pre-Suit Assessment and Litigation Strategies Develop practical approaches to evaluating claims before litigation, preserving relevant evidence, assessing potential liability, and using motion practice and other procedural strategies to narrow or defeat claims.
- Integrating Proactive Compliance and Emerging Legal Developments Monitor evolving case law and regulatory developments while advising clients on privacy disclosures, consent mechanisms, vendor relationships, and digital marketing practices that can reduce litigation exposure.
Syllabus
- Understanding the Legal Framework for Digital Marketing Litigation, including the VPPA, ECPA, CAN-SPAM, and state wiretapping laws
- Litigation Risks Involving Tracking Pixels, Cookies, and Email Marketing Technologies
- Defending Privacy Claims Involving Video Platforms and Digital Content
- Pre-Suit Risk Assessment and Litigation Strategies, including standing, consent, statutory interpretation, and motion practice
- Emerging Regulatory Developments and Proactive Compliance Strategies to Minimize Litigation Exposure
