“C” is Not Just for “Cookie” Anymore: CIPA, class actions, and steps to help reduce your company’s CIPA litigation risk

Felicity Slater
Sam Castic
Danielle Ocampo
Felicity Slater | Hintze Law PLLC
Sam Castic | Hintze Law PLLC
Danielle Ocampo | Freeman Mathis & Gary LLP
On-Demand: July 29, 2024

2 hour CLE

Tuition: $195.00
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Program Summary

Session I - CIPA Compliance Strategies – Felicity Slater and Sam Castic

This session will delve into the specific risks posed by cookies, pixels, and tracking technologies, and guide participants through the process of conducting a thorough tracking technology practice review. Attendees will learn best practices for configuring data tracking technologies to ensure compliance, along with the importance of ongoing monitoring and governance. The session will also cover the crucial roles of cookie banners and privacy notice updates and provide insights into key considerations for vendor contracting. By understanding how to effectively manage consents and notifications and integrating UX considerations, participants will be equipped to enhance their CIPA compliance strategies and protect consumer privacy.

Key topics to be discussed:

  • Identifying common pitfalls and areas of risk for companies
  • How cookies, pixels, and tracking technologies create CIPA risk
  • Conducting a tracking technology practice review
  • Configuring data tracking technologies transmit
  • Implementing ongoing monitoring & governance
  • The role of cookie banners
  • Privacy notice updates
  • Key vendor contracting considerations
  • Making the most of consents and notifications
  • UX considerations

Session II - CIPA Litigation – Danielle Ocampo

This session provides a thorough exploration of the California Invasion of Privacy Act (CIPA) and its key provisions, outlining what legally constitutes an invasion of privacy. Participants will gain insight into the litigation risks associated with CIPA and related laws, learning how to effectively address CIPA demand letters and claims. The session will also highlight recent developments and case studies, offering practical examples and lessons learned from recent CIPA-related litigation. Attendees will leave with a deeper understanding of the legal landscape surrounding CIPA and strategies for mitigating litigation risks.

Key topics to be discussed:

  • The California Invasion of Privacy Act (CIPA)
  • Key Provisions of CIPA: what constitutes an invasion of privacy?
  • Litigation risks of CIPA and related laws
  • Dealing with CIPA demand letters and claims
  • Recent developments and case studies related to CIPA

Closed-captioning available

Speakers

Felicity Slater_myLawCLEFelicity Slater | Hintze Law PLLC

Felicity Slater (CIPP/US) is an Associate at Hintze Law, an AI, privacy, and security law firm. Felicity has experience with global data protection issues, including data breach notification laws, privacy impact assessments, GDPR, and privacy statements. She was most recently a Policy Fellow at the Future of Privacy Forum, where she performed research and analysis of consumer privacy laws, bills, and regulatory activity on the FPF’s U.S. Legislation team.

 

Sam Castic_myLawCLESam Castic | Hintze Law PLLC

Sam Castic is based in Seattle where he is a partner with Hintze Law, an AI, privacy, and security law firm. Sam regularly helps clients to establish, scale, and right-size privacy programs. Sam has more than fifteen years of experience as a privacy leader and lawyer. He previously worked as chief privacy officer for global fintech Blackhawk Network, and as head of privacy for Nordstrom.

 

Danielle Ocampo_myLawCLEDanielle Ocampo | Freeman Mathis & Gary LLP

Danielle A. Ocampo is an Attorney with the Data Security, Privacy & Technology practice group at Freeman Mathis & Gary LLP. Danielle’s practice consists of data privacy and data breach litigation as well as incident response. Danielle is a Certified Information Privacy Professional (CIPP/US) with the International Association of Privacy Professionals (IAPP) and a member of the California Lawyers Association Privacy Section’s Publications Committee. She recently became an Executive Committee member of the Bar Association of San Francisco Cybersecurity and Privacy Law Section.

Throughout law school at Loyola Marymount University, Danielle interned in-house at Indeed.com and Intuitive Surgical, Inc. focusing on Data Privacy and Cybersecurity matters. Danielle’s first experience in-house was at Edwards Lifesciences as a Los Angeles Intellectual Property Law Association Diversity Fellow. Prior to law school, Danielle was a Business and Administrative Professional at Bayer’s agricultural tech arm The Climate Corporation. Before venturing into the Technology sector, Danielle was a Business Development Coordinator at the multinational law firm Paul Hastings LLP in the Bay Area where she advanced the business initiatives of the Employment Law practice and co-chaired the Asian affinity network for the Palo Alto office. Danielle joined Paul Hastings in 2017 as a Business Development Intern focused on client industry growth at the firm’s Los Angeles office. During this time, Danielle was also a full-time graduate student at the University of Southern California School of Public Policy where she earned her Master of Public Administration degree. Danielle graduated from the University of California Davis cum laude in 2016 with a B.A. double majoring in Political Science and International Relations with a minor in Managerial Economics.

Danielle is currently a member of the Filipino American Bar Association of Northern California. Additionally, since 2020, Danielle has committed herself to serving as Program Director for the National Federation of Filipino-American Associations’ (NaFFAA) Empowering Pilipino Youth through Collaboration (EPYC), a national youth leadership development program and NaFFAA’s strongest initiative. Danielle is passionate about building the pipeline of Filipino-American talent to increase visibility of Filipino-Americans in professional and community spaces, especially within the legal profession.

Agenda

Session I – CIPA Compliance Strategies | 11:00am – 12:00pm

  • Identifying common pitfalls and areas of risk for companies
  • How cookies, pixels, and tracking technologies create CIPA risk
  • Conducting a tracking technology practice review
  • Configuring data tracking technologies transmit
  • Implementing ongoing monitoring & governance
  • The role of cookie banners
  • Privacy notice updates
  • Key vendor contracting considerations
  • Making the most of consents and notifications
  • UX considerations

Break | 12:00pm – 12:10pm

Session II – CIPA Litigation | 12:10pm – 1:10pm

  • The California Invasion of Privacy Act (CIPA)
  • Key Provisions of CIPA: what constitutes an invasion of privacy?
  • Litigation risks of CIPA and related laws
    • Cases that can emerge unlawful use of person, data tracking, data breach class actions, pen registry/trap & trace, wiretapping, VPPA
    • Potential actual and statutory damages
  • Dealing with CIPA demand letters and claims
    • Individual demand
    • Arbitration
    • Mass arbitration
    • Class action
    • Defenses
  • Recent developments and case studies related to CIPA
    • Latest cases for data tracking

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

Our programs are CLE-eligible through Arkansas's recognition of multi-jurisdictional reciprocity.
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 General Hours

Delaware

Pending CLE Approval
2 General

Florida

Approved via Attorney Submission
2.5 General Hours

Receive CLE credit in Florida via Attorney Submission.
Georgia

Approved for CLE Credits
2 General

Hawaii

Approved for CLE Credits
2 General

Iowa

Pending CLE Approval
2 General

Idaho

Pending CLE Approval
2 General

Illinois

Approved for Self-Study Credits
2 General

Indiana

Approved for Self-Study Credits
2 General

Kansas

Pending CLE Approval
2 General

Kentucky

Pending CLE Approval
2 General

Louisiana

Pending CLE Approval
2 General

Massachusetts

No MCLE Required
2 General Hours

Maryland

No MCLE Required
2 General Hours

Maine

Pending CLE Approval
2 General

Michigan

No MCLE Required
2 General Hours

Minnesota

Approved for Self-Study Credits
2 General

Missouri

Approved for CLE 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 CLE Credits
2 General

Nevada

Approved for CLE Credits
2 General

New York

Approved for CLE Credits
2.4 General

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

Pending CLE Approval
2 General

Oklahoma

Approved for Self-Study Credits
2 General

Oregon

Pending CLE Approval
2 General

Pennsylvania

Approved for CLE Credits
2 General

Rhode Island

Pending CLE Approval
2.5 General

South Carolina

Pending CLE Approval
2 General

South Dakota

No MCLE Required
2 General Hours

Tennessee

Approved for CLE Credits
2 General

Texas

Approved for CLE Credits
2 General

Utah

Pending CLE Approval
2 General

Virginia

Not Eligible
2 General Hours Hours

Vermont

Approved for CLE Credits
2 General

Washington

Approved for CLE Credits
2 Law and Legal

For CLE course attendance credit, Washington state attorneys must self-apply to the Washington State Bar. myLawCLE will supply Washington state attorneys with the self-application package and instructions on how to gain credit.
Wisconsin

Approved for Self-Study Credits
2 General

West Virginia

Pending CLE Approval
2 General

Wyoming

Pending CLE Approval
2 General

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