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Reading the Pixel: Technical Fluency for Privacy and Ad Tech Litigators

Pixel litigation turns on technical proof. Learn to read network traffic, map tracking data flows to CIPA and wiretap elements, and authenticate pixel evidence under FRE 901 and 902.

2026-09-16 13:00:00

Program Details

2026-09-16 13:00:00

Program Details

2026-09-16 13:00:00

Over 1,000+ webinars

2026-09-16 13:00:00

Course Overview

The pixel case is won in the network traffic, not the pleadings

2026-09-16 13:00:00

Pixel and ad tech litigation has moved past the pleadings. Courts now test wiretap, CIPA, and VPPA claims against the real mechanics of pixels, cookies, and session replay. Attorneys who cannot read the underlying data flows are arguing blind.

The stakes are concrete. Misread what a pixel transmits, and the interception element collapses. Treat form inputs as addressing data, and a content claim fails under CIPA and ECPA. After Popa, standing turns on the data type collected. Subpoenas to ad tech platforms like Meta and Google draw trade-secret and relevance objections.

This two-session program builds technical fluency first, then converts it into proof. Attendees learn to identify what a pixel transmits and map HAR files, packet captures, and server logs to statutory elements. They leave with authentication pathways under FRE 901 and 902 and a working forensic discovery and class certification framework.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
Tracking Mechanics
How pixel architecture, data flows, and cookie syncing shape liability analysis.
02
Session Replay
How replay tools capture user input as content and trigger wiretap claims.
03
Consent Failures
How consent management platform gaps and pre-banner pixel fires create exposure.
04
Statutory Mapping
How interception, content, and deanonymization evidence maps to CIPA elements.
05
Standing Strategy
How to prove concrete harm after Popa and survive class certification scrutiny.
06
Evidence Authentication
How to build forensic workflows and authenticate pixel evidence under FRE 901 and 902.

Program schedule

clock 1:00 pm - 2:00 pm EST

How Website Tracking Technology Works: Pixels, Cookies, and Session Replay

This session builds the technical foundation privacy and ad tech litigators need to understand how tracking pixels, cookies, and session replay tools operate — from JavaScript execution and HTTP request headers to cookie syncing and consent management platforms. Attorneys will learn to read network traffic, distinguish first-party from third-party data flows, and map technical mechanics to the legal elements at stake in wiretap, CIPA, and VPPA claims. By the end of the session, attendees will be able to identify what data a pixel transmits, how session replay captures user input as content rather than metadata, and where consent management failures create liability exposure.

Matthew D. PearsonMatthew D. Pearson
Peter A. DevlinPeter A. Devlin
Regina GerhardtRegina Gerhardt
Megan MalloneeMegan Mallonee
clock 2:10 pm - 3:10 pm EST

From Data Flow to Legal Element: Discovery, Proof, and Authentication in Pixel and Ad Tech Litigation

This session teaches litigators how to translate pixel and ad tech data flows into admissible evidence and provable statutory elements. Attendees will learn how to map forensic artifacts—HAR files, packet captures, JavaScript source, server logs—to the interception, content, and standing elements of CIPA and federal wiretap claims, and how to authenticate electronic evidence under FRE 901 and 902. Attorneys leave with a working framework for forensic discovery workflows, class certification strategy, and the evidentiary standards courts are currently applying in live pixel litigation.

Matthew D. PearsonMatthew D. Pearson
Peter A. DevlinPeter A. Devlin
Regina GerhardtRegina Gerhardt
Megan MalloneeMegan Mallonee
Matthew D. Pearson

Matthew D. Pearson

Frankfurt Kurnit Klein & Selz

Peter A. Devlin

Peter A. Devlin

Frankfurt Kurnit Klein & Selz

Regina Gerhardt

Regina Gerhardt

Frankfurt Kurnit Klein & Selz

Megan Mallonee

Megan Mallonee

Frankfurt Kurnit Klein & Selz

Matthew D. Pearson

Matthew D. Pearson

Frankfurt Kurnit Klein & Selz

Matthew D. Pearson defends companies nationwide in complex consumer and privacy class actions. His practice concentrates on privacy, data security, and advertising technology litigation, with particular depth in lawsuits arising from web-based tracking technologies, and he regularly advises clients on mitigating litigation risk while continuing to use data-driven marketing strategies.

Education & Credentials

Mr. Pearson earned his J.D. from the University of California, Davis School of Law in 2013, where he was elected to the Order of the Coif, and his B.A., magna cum laude, from Chapman University in 2009. He is admitted to practice in California state courts, before the U.S. Court of Appeals for the Ninth Circuit, the U.S. District Courts for the Central, Eastern, Northern, and Southern Districts of California, and the U.S. District Court for the Western District of Michigan.

Recognition & Leadership

Mr. Pearson is recognized in Best Lawyers and named to Lawdragon's 500 Leading Litigators in America. He is a widely consulted voice on privacy and advertising technology litigation, with commentary and analysis featured in outlets including the National Law Review and IPWatchdog.

Professional Involvement

Mr. Pearson speaks frequently on privacy and advertising technology litigation. His engagements include the webinar "U.S. Data Privacy Litigation: Assessing Risks and Navigating Uncertainty" hosted by the International Association of Privacy Professionals (IAPP), an IAB panel discussing "Online Tracking Technology Governance and Insights," the webinar "New Approaches to Tackle Wiretapping Litigation Risk" hosted by Didomi, and Frankfurt Kurnit's 4th Annual Tech Law Summit in May 2026. Before joining Frankfurt Kurnit in February 2026, he was a business litigation partner at Womble Bond Dickinson and previously practiced privacy litigation as a partner at BakerHostetler.

Experience

Mr. Pearson defends companies across the media, retail, automotive, airline, healthcare, financial services, and technology industries, regularly handling claims under California's Unfair Competition Law, the Consumer Legal Remedies Act, the CCPA, the CMIA, CIPA, and analogous statutes nationwide. He has secured Ninth Circuit and California Court of Appeal rulings affirming dismissals in privacy and data-breach class actions, and defeated at the demurrer stage a novel theory claiming that a website operator's collection of IP addresses and other information used an illegal pen register or trap and trace device. His class certification victories include decertification of a putative Telephone Consumer Protection Act class of nearly one million members, and he has favorably resolved more than 50 class actions in California alone and many more nationwide.
Peter A. Devlin

Peter A. Devlin

Frankfurt Kurnit Klein & Selz

Peter A. Devlin is an attorney in the Litigation and Data Strategy, Privacy & Security Groups at Frankfurt Kurnit Klein & Selz in New York. He represents platforms, publishers, and brands in high-stakes privacy, consumer protection, intellectual property, and commercial matters, focusing on class action and regulatory defense involving data privacy, unfair and deceptive acts and practices, false advertising, and emerging theories around video game design, AI, and internet tracking technologies.

Education & Credentials

Mr. Devlin graduated cum laude from New York University School of Law, where he was a Florence Allen Scholar and Managing Editor of the N.Y.U. Law Review, and earned his B.A., magna cum laude, from Cornell University. A Certified Information Privacy Professional (CIPP/US), he is admitted to practice in New York, the U.S. District Courts for the Southern and Eastern Districts of New York, and the U.S. Court of Appeals for the Second Circuit.

Recognition & Leadership

Mr. Devlin was named a 2023 "Litigation Trailblazer" by the National Law Journal, and his litigation successes have been featured in The American Lawyer's "Litigator of the Week."

Professional Involvement

Mr. Devlin served as a law clerk to the Honorable Dennis Jacobs of the U.S. Court of Appeals for the Second Circuit and the Honorable Valerie Caproni of the U.S. District Court for the Southern District of New York. He presents regularly on privacy and class action topics, including the CLE webinar "Pixels, Pricing, and AI: Staying Ahead of Class Action Trends" in March 2026.

Experience

Mr. Devlin has represented a mobile gaming company in a California Privacy Protection Agency investigation alleging CCPA/CPRA violations and secured a favorable early settlement for a children's app publisher in a consumer class action alleging dark patterns and deceptive design. Prior to joining Frankfurt Kurnit, he represented Facebook in a state attorney general enforcement action alleging state law privacy violations connected to Cambridge Analytica and advised a global media company on generative AI, scraping, and copyright issues. He also advises companies on product risks and on updating terms of service to address consumer protection and arbitration issues.
Regina Gerhardt

Regina Gerhardt

Frankfurt Kurnit Klein & Selz

Regina Gerhardt is an associate in the Litigation and Data Strategy, Privacy & Security Groups at Frankfurt Kurnit Klein & Selz in New York. Her practice centers on complex commercial disputes, with extensive experience in privacy, consumer class action, entertainment, and intellectual property litigation, and she advises large consumer-facing companies on issues at the intersection of technology and emerging legal risk, including artificial intelligence, website tracking technologies, and compliance with state and federal privacy laws.

Education & Credentials

Ms. Gerhardt earned her J.D., magna cum laude and Order of the Coif, from the Benjamin N. Cardozo School of Law in 2018, where she served as Managing Editor of the Cardozo Law Review, and her B.A. from the University of Rochester in 2012. She is admitted to practice in New York and the U.S. District Courts for the Southern and Eastern Districts of New York.

Recognition & Leadership

Ms. Gerhardt maintains a robust pro bono practice focused on civil rights and immigration matters.

Professional Involvement

Ms. Gerhardt presents on privacy and class action topics, including the CLE webinars "Pixels, Pricing, and AI: Staying Ahead of Class Action Trends" in March 2026 and "Protecting Your Company From A New Wave of Consumer Class Actions Under California's 'Yelp Law'" in May 2026.

Experience

Ms. Gerhardt defends companies in consumer class actions and mass arbitrations arising under CIPA, the Florida Security of Communications Act, and the Video Privacy Protection Act. She obtained dismissal with prejudice of breach of contract and fiduciary duty claims for a commercial bank client after arguing the motion in the Southern District of New York, and litigates false advertising, antitrust, trademark, and entertainment disputes in state and federal courts and international arbitration proceedings. Prior to joining Frankfurt Kurnit, she was a litigation associate at Cravath, Swaine & Moore LLP.
Megan Mallonee

Megan Mallonee

Frankfurt Kurnit Klein & Selz

Megan Mallonee is an associate in the Litigation Group at Frankfurt Kurnit Klein & Selz in Los Angeles. She advises companies and individuals in a wide range of disputes, including entertainment disputes, commercial litigation, and intellectual property matters, with extensive experience litigating in state and federal courts as well as arbitral forums.

Education & Credentials

Ms. Mallonee earned her J.D. from Duke University School of Law in 2021, where she was an editor on the Alaska Law Review, and her B.A. in Media and Journalism from the University of North Carolina at Chapel Hill. She is admitted to practice in California.

Recognition & Leadership

Ms. Mallonee's article "Selective Justice: A Crisis of Missing and Murdered Alaska Native Women" was selected for publication in the Alaska Law Review.

Professional Involvement

While at Duke, Ms. Mallonee participated in the Wrongful Convictions Clinic, where she helped secure a client's release after five years of wrongful incarceration.

Experience

Ms. Mallonee represents a variety of clients, including Fortune 500 companies, actors, producers, podcasters, and musicians. Prior to joining Frankfurt Kurnit, she was an associate at a litigation boutique in Los Angeles and at international firm Morrison Foerster LLP.
Matthew D. Pearson

Matthew D. Pearson

Frankfurt Kurnit Klein & Selz

Matthew D. Pearson defends companies nationwide in complex consumer and privacy class actions. His practice concentrates on privacy, data security, and advertising technology litigation, with particular depth in lawsuits arising from web-based tracking technologies, and he regularly advises clients on mitigating litigation risk while continuing to use data-driven marketing strategies.

Education & Credentials

Mr. Pearson earned his J.D. from the University of California, Davis School of Law in 2013, where he was elected to the Order of the Coif, and his B.A., magna cum laude, from Chapman University in 2009. He is admitted to practice in California state courts, before the U.S. Court of Appeals for the Ninth Circuit, the U.S. District Courts for the Central, Eastern, Northern, and Southern Districts of California, and the U.S. District Court for the Western District of Michigan.

Recognition & Leadership

Mr. Pearson is recognized in Best Lawyers and named to Lawdragon's 500 Leading Litigators in America. He is a widely consulted voice on privacy and advertising technology litigation, with commentary and analysis featured in outlets including the National Law Review and IPWatchdog.

Professional Involvement

Mr. Pearson speaks frequently on privacy and advertising technology litigation. His engagements include the webinar "U.S. Data Privacy Litigation: Assessing Risks and Navigating Uncertainty" hosted by the International Association of Privacy Professionals (IAPP), an IAB panel discussing "Online Tracking Technology Governance and Insights," the webinar "New Approaches to Tackle Wiretapping Litigation Risk" hosted by Didomi, and Frankfurt Kurnit's 4th Annual Tech Law Summit in May 2026. Before joining Frankfurt Kurnit in February 2026, he was a business litigation partner at Womble Bond Dickinson and previously practiced privacy litigation as a partner at BakerHostetler.

Experience

Mr. Pearson defends companies across the media, retail, automotive, airline, healthcare, financial services, and technology industries, regularly handling claims under California's Unfair Competition Law, the Consumer Legal Remedies Act, the CCPA, the CMIA, CIPA, and analogous statutes nationwide. He has secured Ninth Circuit and California Court of Appeal rulings affirming dismissals in privacy and data-breach class actions, and defeated at the demurrer stage a novel theory claiming that a website operator's collection of IP addresses and other information used an illegal pen register or trap and trace device. His class certification victories include decertification of a putative Telephone Consumer Protection Act class of nearly one million members, and he has favorably resolved more than 50 class actions in California alone and many more nationwide.
Peter A. Devlin

Peter A. Devlin

Frankfurt Kurnit Klein & Selz

Peter A. Devlin is an attorney in the Litigation and Data Strategy, Privacy & Security Groups at Frankfurt Kurnit Klein & Selz in New York. He represents platforms, publishers, and brands in high-stakes privacy, consumer protection, intellectual property, and commercial matters, focusing on class action and regulatory defense involving data privacy, unfair and deceptive acts and practices, false advertising, and emerging theories around video game design, AI, and internet tracking technologies.

Education & Credentials

Mr. Devlin graduated cum laude from New York University School of Law, where he was a Florence Allen Scholar and Managing Editor of the N.Y.U. Law Review, and earned his B.A., magna cum laude, from Cornell University. A Certified Information Privacy Professional (CIPP/US), he is admitted to practice in New York, the U.S. District Courts for the Southern and Eastern Districts of New York, and the U.S. Court of Appeals for the Second Circuit.

Recognition & Leadership

Mr. Devlin was named a 2023 "Litigation Trailblazer" by the National Law Journal, and his litigation successes have been featured in The American Lawyer's "Litigator of the Week."

Professional Involvement

Mr. Devlin served as a law clerk to the Honorable Dennis Jacobs of the U.S. Court of Appeals for the Second Circuit and the Honorable Valerie Caproni of the U.S. District Court for the Southern District of New York. He presents regularly on privacy and class action topics, including the CLE webinar "Pixels, Pricing, and AI: Staying Ahead of Class Action Trends" in March 2026.

Experience

Mr. Devlin has represented a mobile gaming company in a California Privacy Protection Agency investigation alleging CCPA/CPRA violations and secured a favorable early settlement for a children's app publisher in a consumer class action alleging dark patterns and deceptive design. Prior to joining Frankfurt Kurnit, he represented Facebook in a state attorney general enforcement action alleging state law privacy violations connected to Cambridge Analytica and advised a global media company on generative AI, scraping, and copyright issues. He also advises companies on product risks and on updating terms of service to address consumer protection and arbitration issues.
Regina Gerhardt

Regina Gerhardt

Frankfurt Kurnit Klein & Selz

Regina Gerhardt is an associate in the Litigation and Data Strategy, Privacy & Security Groups at Frankfurt Kurnit Klein & Selz in New York. Her practice centers on complex commercial disputes, with extensive experience in privacy, consumer class action, entertainment, and intellectual property litigation, and she advises large consumer-facing companies on issues at the intersection of technology and emerging legal risk, including artificial intelligence, website tracking technologies, and compliance with state and federal privacy laws.

Education & Credentials

Ms. Gerhardt earned her J.D., magna cum laude and Order of the Coif, from the Benjamin N. Cardozo School of Law in 2018, where she served as Managing Editor of the Cardozo Law Review, and her B.A. from the University of Rochester in 2012. She is admitted to practice in New York and the U.S. District Courts for the Southern and Eastern Districts of New York.

Recognition & Leadership

Ms. Gerhardt maintains a robust pro bono practice focused on civil rights and immigration matters.

Professional Involvement

Ms. Gerhardt presents on privacy and class action topics, including the CLE webinars "Pixels, Pricing, and AI: Staying Ahead of Class Action Trends" in March 2026 and "Protecting Your Company From A New Wave of Consumer Class Actions Under California's 'Yelp Law'" in May 2026.

Experience

Ms. Gerhardt defends companies in consumer class actions and mass arbitrations arising under CIPA, the Florida Security of Communications Act, and the Video Privacy Protection Act. She obtained dismissal with prejudice of breach of contract and fiduciary duty claims for a commercial bank client after arguing the motion in the Southern District of New York, and litigates false advertising, antitrust, trademark, and entertainment disputes in state and federal courts and international arbitration proceedings. Prior to joining Frankfurt Kurnit, she was a litigation associate at Cravath, Swaine & Moore LLP.
Megan Mallonee

Megan Mallonee

Frankfurt Kurnit Klein & Selz

Megan Mallonee is an associate in the Litigation Group at Frankfurt Kurnit Klein & Selz in Los Angeles. She advises companies and individuals in a wide range of disputes, including entertainment disputes, commercial litigation, and intellectual property matters, with extensive experience litigating in state and federal courts as well as arbitral forums.

Education & Credentials

Ms. Mallonee earned her J.D. from Duke University School of Law in 2021, where she was an editor on the Alaska Law Review, and her B.A. in Media and Journalism from the University of North Carolina at Chapel Hill. She is admitted to practice in California.

Recognition & Leadership

Ms. Mallonee's article "Selective Justice: A Crisis of Missing and Murdered Alaska Native Women" was selected for publication in the Alaska Law Review.

Professional Involvement

While at Duke, Ms. Mallonee participated in the Wrongful Convictions Clinic, where she helped secure a client's release after five years of wrongful incarceration.

Experience

Ms. Mallonee represents a variety of clients, including Fortune 500 companies, actors, producers, podcasters, and musicians. Prior to joining Frankfurt Kurnit, she was an associate at a litigation boutique in Los Angeles and at international firm Morrison Foerster LLP.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC2.0
DE2.0
FL2.0
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.0
NM2.0
NV2.0
NY2.0
OH2.0
OK2.5
OR2.0
PA2.0
RI2.5
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

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Trusted by Legal Professionals

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Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

10,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

MCLE Credits

Alabama
Approved
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Pending
Georgia
Approved
Hawaii
Approved
Idaho
Pending
Illinois
Approved
Indiana
Approved
Iowa
Pending
Kansas
Pending
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Pending
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Approved
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Approved
Oklahoma
Pending
Oregon
Pending
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
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No Required
Tennessee
Approved
Texas
Approved
Utah
Pending
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Pending
Wyoming
Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs