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Program Details
2026-10-06 12:00:00
Over 1,000+ webinars
Course Overview
2026-10-06 12:00:00
2h CLE Credits
Intermediate
2
This session equips defense counsel to rapidly assess an incoming website-tracking privacy class action and decide whether to commit to an aggressive dismissal posture. Attorneys will learn to identify which statute is invoked, classify the data allegedly collected, evaluate standing vulnerabilities under circuit authority, analyze technical architecture for key defense arguments, and audit consent mechanisms — all before filing a single motion. Attendees will leave with a repeatable triage framework applicable to CIPA, VPPA, and ECPA claims, calibrated to a landscape that shifted materially in 2026.
This session teaches defense counsel how to construct and sequence dispositive motions in websitetracking privacy class actions, from Rule 12(b)(1) standing attacks through summary judgment on statutory interpretation grounds. Attendees will learn specific doctrinal arguments that have produced dismissals: Article III injury-in-fact, the party exception, consent layering, and the CIPA ‘in transit’ rule. Attorneys will leave with a motion-drafting framework, a contemporary case toolkit, and a clear map of where courts are drawing the line between claims that survive and claims that do not.
Proskauer Rose LLP
Proskauer Rose LLP
Proskauer Rose LLP
Proskauer Rose LLP
Baldassare (“Baldo”) Vinti is a partner in Proskauer’s New York office and head of the firm’s Intellectual Property Litigation Group. Proskauer lists Privacy & Cybersecurity among his practice areas, alongside Litigation, Intellectual Property, False Advertising & Trademark, Patent Law, and Restrictive Covenants, Trade Secrets & Unfair Competition. His litigation practice includes consumer class actions and false advertising matters for consumer products, diagnostics, digital media, mobile platform, and software companies, and he has obtained dismissals of class action and consumer complaints at the pleading stage. A first-chair trial lawyer with more than 25 years of experience, he has led trials, arbitrations, and appeals in bet-the-company disputes for global companies and universities in federal and state courts and before the International Trade Commission.
Proskauer Rose LLP
Jeff Warshafsky is a partner in Proskauer’s Litigation Department in New York and co-head of the firm’s False Advertising & Trademark practice. He defends companies in consumer class actions involving advertising and privacy issues, and has handled dozens of class actions around the country for multinational companies across consumer products, retail, sports leagues, and entertainment. He also counsels clients on avoiding such actions, responds to demand letters from plaintiffs’ counsel, and negotiates resolutions. Class & Collective Actions and Mass Torts & Product Liability are among his listed practices, and he litigates competitor advertising disputes under the Lanham Act and before the National Advertising Division and National Advertising Review Board, including at the TRO and preliminary injunction stages.
Proskauer Rose LLP
Aaron Francis is a litigation associate in Proskauer’s Los Angeles office and a member of the firm’s Data Privacy and Cybersecurity group, with a practice focused on privacy and cybersecurity alongside white collar and antitrust matters. He has represented a consumer goods company facing claims of privacy violations under the California Invasion of Privacy Act, and a telecommunications company navigating the aftermath of a major data incident affecting millions of consumers, including the shareholder derivative lawsuits and regulatory investigations that followed. Litigation and Privacy & Cybersecurity are his listed practice areas, and he contributes regularly to the Proskauer on Privacy blog.
Proskauer Rose LLP
Baldassare (“Baldo”) Vinti is a partner in Proskauer’s New York office and head of the firm’s Intellectual Property Litigation Group. Proskauer lists Privacy & Cybersecurity among his practice areas, alongside Litigation, Intellectual Property, False Advertising & Trademark, Patent Law, and Restrictive Covenants, Trade Secrets & Unfair Competition. His litigation practice includes consumer class actions and false advertising matters for consumer products, diagnostics, digital media, mobile platform, and software companies, and he has obtained dismissals of class action and consumer complaints at the pleading stage. A first-chair trial lawyer with more than 25 years of experience, he has led trials, arbitrations, and appeals in bet-the-company disputes for global companies and universities in federal and state courts and before the International Trade Commission.
Proskauer Rose LLP
Jeff Warshafsky is a partner in Proskauer’s Litigation Department in New York and co-head of the firm’s False Advertising & Trademark practice. He defends companies in consumer class actions involving advertising and privacy issues, and has handled dozens of class actions around the country for multinational companies across consumer products, retail, sports leagues, and entertainment. He also counsels clients on avoiding such actions, responds to demand letters from plaintiffs’ counsel, and negotiates resolutions. Class & Collective Actions and Mass Torts & Product Liability are among his listed practices, and he litigates competitor advertising disputes under the Lanham Act and before the National Advertising Division and National Advertising Review Board, including at the TRO and preliminary injunction stages.
Proskauer Rose LLP
Aaron Francis is a litigation associate in Proskauer’s Los Angeles office and a member of the firm’s Data Privacy and Cybersecurity group, with a practice focused on privacy and cybersecurity alongside white collar and antitrust matters. He has represented a consumer goods company facing claims of privacy violations under the California Invasion of Privacy Act, and a telecommunications company navigating the aftermath of a major data incident affecting millions of consumers, including the shareholder derivative lawsuits and regulatory investigations that followed. Litigation and Privacy & Cybersecurity are his listed practice areas, and he contributes regularly to the Proskauer on Privacy blog.
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.
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