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Cookie Banner Wiretapping Litigation and Consent Management Platform Failures: CIPA, FSCA, and ECPA Claims Against Malfunctioning and Misleading CMPs in 2026

2026-05-20 13:00:00

2026-05-20 13:00:00

2 Credits

Master the legal framework behind cookie banner litigation. Learn to audit CMPs, draft defensible consent logs, enforce arbitration clauses, and defeat CIPA, FSCA, and ECPA wiretap claims.

2026-05-20 13:00:00

Master the legal framework behind cookie banner litigation. Learn to audit CMPs, draft defensible consent logs, enforce arbitration clauses, and defeat CIPA, FSCA, and ECPA wiretap claims.

2026-05-20 13:00:00

1000+

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Trusted by Legal Professionals

1000+

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

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

Course Overview

Navigating Cookie Banner Wiretap Litigation

Attorneys will learn to build defensible consent management platform compliance programs and defeat multi-count wiretap, deception, and unfair competition claims. Gain actionable strategies for audits, vendor contracting, litigation defense, and regulatory enforcement response.

Key topics that will be covered

What will you learn

Attorneys will learn how to address tag-firing behavior, evaluate tracking technology vendor contracts, structure TOS agreements to enforce arbitration, and defeat class certification.

What will you gain

Attendees gain doctrinal competency to evaluate multi-count cookie-banner complaints, identify which ancillary claims carry real exposure, and advise clients on liability routing.

Arbitration drafting
Draft arbitration and class waiver clauses to defeat class certification and mass-arb challenges.
Consent logs
Participants learn how to apply the rules to keep evidence out.
GPC signals
IAB Global Privacy Platform signals, Multi-state Privacy Agreement programs, and GPC recognition mandates.
Banner contradictions
Address continued-browsing consent language conflicting with Accept/Reject buttons and optional-versus-all scope.
Regulatory enforcement
September 2025 multistate Consortium of Privacy Regulators GPC sweep and January 2026 CCPA regulations.
Key precedents
Casillas, Wiley, Krzyzek, Riganian, Frasco, Complisson, Lakes decisions and California SB 690 legislative risk.

What will you learn

Attorneys will learn how to address tag-firing behavior, evaluate tracking technology vendor contracts, structure TOS agreements to enforce arbitration, and defeat class certification.

What will you gain

Attendees gain doctrinal competency to evaluate multi-count cookie-banner complaints, identify which ancillary claims carry real exposure, and advise clients on liability routing.

Agenda

SESSION 1

CMP Compliance: Audits, Consent, and Enforcement Risk

SESSION 2

Wiretap Claims and Claim-Stacking in CMP Litigation

clock 1:00 pm - 2:00 pm EST

CMP Compliance: Audits, Consent, and Enforcement Risk

Alan L. Friel

Squire Patton Boggs

Michael P. Burke

DarrowEverett LLP

This session equips attorneys to build defensible CMP compliance programs, covering tag audits, vendor due diligence, consent log documentation, arbitration clause drafting, FTC and state UDAP dark pattern enforcement, GPC opt-out mandates, and January 2026 CCPA requirements.

Alan L. Friel

Squire Patton Boggs

Michael P. Burke

DarrowEverett LLP

clock 2:10 pm - 3:10 pm EST

Wiretap Claims and Claim-Stacking in CMP Litigation

Alan L. Friel

Squire Patton Boggs

Michael P. Burke

DarrowEverett LLP

This session examines how CMP malfunctions drive wiretap litigation under CIPA, Florida’s Security of Communications Act, and ECPA, and how misrepresented opt-outs fuel claim-stacking under UCL, FAL, FDUTPA, fraud, intrusion upon seclusion, and unjust enrichment theories.

Alan L. Friel

Squire Patton Boggs

Michael P. Burke

DarrowEverett LLP

01 02
Prev
Next

speakers

Joe Ervin

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Kevin Foley

Reminger Co
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Grant H. Lawson

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Alan L. Friel

Squire Patton Boggs

Michael P. Burke

DarrowEverett LLP

Alan L. Friel

Squire Patton Boggs

Alan L. Friel is a partner and chair of the Data Privacy, Cybersecurity & Digital Assets Practice at Squire Patton Boggs. A recognized thought leader in digital media, intellectual property, data privacy, cybersecurity, and consumer protection law, Alan has more than three decades of experience advising clients at the intersection of law and technology. Drawing on both private practice and in-house experience, including service as a general counsel, he counsels companies on privacy governance, information management, cybersecurity, digital advertising, artificial intelligence, data commercialization, and emerging technology issues. He regularly advises publishers, advertisers, ad tech companies, software providers, e-commerce businesses, and other organizations navigating rapidly evolving regulatory and technological landscapes.

Education & Credentials

Alan earned a J.D. from Northeastern University School of Law, a B.S. from Georgia State University, and completed the Executive Program in Management (EPM) at the UCLA Anderson School of Management. He is admitted to practice in California and New York and is admitted before the U.S. District Court for the Central District of California and the U.S. Court of Appeals for the Ninth Circuit. Alan also holds the Certified Information Privacy Professional (CIPP) and Certified Information Privacy Manager (CIPM) designations, reflecting his extensive experience in privacy and data protection law.

Recognition & Leadership

Alan is widely recognized as a leader in privacy and technology law. He serves as chair of the firm's Data Privacy, Cybersecurity & Digital Assets Practice and has been recognized by BTI Consulting Group as a Client Service All-Star. He has earned a Tier 1 ranking from Chambers and was named a “Trailblazer” for Media and Advertising Law by the National Law Journal. The Los Angeles Times has also recognized him as a Legal Visionary and Visionary for his contributions to the legal profession and leadership in privacy, cybersecurity, and digital media law. Through his leadership, the firm's global data practice has expanded its profile and capabilities in the rapidly evolving data and technology sector.

Professional Involvement

Alan is deeply involved in professional organizations and industry initiatives focused on privacy, advertising, and technology law. He works closely with trade groups such as the Interactive Advertising Bureau and the Association of National Advertisers, as well as privacy organizations including the International Association of Privacy Professionals. He serves as Chair of The Association of Media and Entertainment Counsel’s Law Firm Advisory Board and has held leadership positions within IAPP’s regional KnowledgeNet chapters. Alan is also an executive committee and board member of the Los Angeles County Bar Association’s Privacy and Cybersecurity Section. In addition, he teaches and mentors future lawyers through affiliations with University of California, Los Angeles, Loyola Marymount University Loyola Law School, and a legal clinic supporting nonprofits and startups.

Experience

Alan has spent more than 30 years helping organizations address complex privacy, cybersecurity, consumer protection, intellectual property, and digital media issues. He has assisted hundreds of companies in developing privacy programs, conducting data protection assessments, implementing information governance frameworks, and complying with laws such as the CCPA, GDPR, COPPA, HIPAA, and other state, federal, and international privacy regulations. His experience includes defending businesses in investigations and enforcement actions brought by regulators, advising on privacy and cybersecurity aspects of mergers and acquisitions, structuring data transfer arrangements, developing compliance programs, and counseling clients on artificial intelligence, digital advertising, online services, e-commerce, and emerging technologies. He has also played a role in shaping privacy law and policy since the early development of the internet, beginning with his work as the Sherwood Shafer Fellow at the American Civil Liberties Union.

Alan L. Friel

Squire Patton Boggs

Alan L. Friel is a partner and chair of the Data Privacy, Cybersecurity & Digital Assets Practice at Squire Patton Boggs. A recognized thought leader in digital media, intellectual property, data privacy, cybersecurity, and consumer protection law, Alan has more than three decades of experience advising clients at the intersection of law and technology. Drawing on both private practice and in-house experience, including service as a general counsel, he counsels companies on privacy governance, information management, cybersecurity, digital advertising, artificial intelligence, data commercialization, and emerging technology issues. He regularly advises publishers, advertisers, ad tech companies, software providers, e-commerce businesses, and other organizations navigating rapidly evolving regulatory and technological landscapes.

Education & Credentials

Alan earned a J.D. from Northeastern University School of Law, a B.S. from Georgia State University, and completed the Executive Program in Management (EPM) at the UCLA Anderson School of Management. He is admitted to practice in California and New York and is admitted before the U.S. District Court for the Central District of California and the U.S. Court of Appeals for the Ninth Circuit. Alan also holds the Certified Information Privacy Professional (CIPP) and Certified Information Privacy Manager (CIPM) designations, reflecting his extensive experience in privacy and data protection law.

Recognition & Leadership

Alan is widely recognized as a leader in privacy and technology law. He serves as chair of the firm's Data Privacy, Cybersecurity & Digital Assets Practice and has been recognized by BTI Consulting Group as a Client Service All-Star. He has earned a Tier 1 ranking from Chambers and was named a “Trailblazer” for Media and Advertising Law by the National Law Journal. The Los Angeles Times has also recognized him as a Legal Visionary and Visionary for his contributions to the legal profession and leadership in privacy, cybersecurity, and digital media law. Through his leadership, the firm's global data practice has expanded its profile and capabilities in the rapidly evolving data and technology sector.

Professional Involvement

Alan is deeply involved in professional organizations and industry initiatives focused on privacy, advertising, and technology law. He works closely with trade groups such as the Interactive Advertising Bureau and the Association of National Advertisers, as well as privacy organizations including the International Association of Privacy Professionals. He serves as Chair of The Association of Media and Entertainment Counsel’s Law Firm Advisory Board and has held leadership positions within IAPP’s regional KnowledgeNet chapters. Alan is also an executive committee and board member of the Los Angeles County Bar Association’s Privacy and Cybersecurity Section. In addition, he teaches and mentors future lawyers through affiliations with University of California, Los Angeles, Loyola Marymount University Loyola Law School, and a legal clinic supporting nonprofits and startups.

Experience

Alan has spent more than 30 years helping organizations address complex privacy, cybersecurity, consumer protection, intellectual property, and digital media issues. He has assisted hundreds of companies in developing privacy programs, conducting data protection assessments, implementing information governance frameworks, and complying with laws such as the CCPA, GDPR, COPPA, HIPAA, and other state, federal, and international privacy regulations. His experience includes defending businesses in investigations and enforcement actions brought by regulators, advising on privacy and cybersecurity aspects of mergers and acquisitions, structuring data transfer arrangements, developing compliance programs, and counseling clients on artificial intelligence, digital advertising, online services, e-commerce, and emerging technologies. He has also played a role in shaping privacy law and policy since the early development of the internet, beginning with his work as the Sherwood Shafer Fellow at the American Civil Liberties Union.

Michael P. Burke

DarrowEverett LLP

Michael P. Burke is a Partner at DarrowEverett LLP and Chair of the firm’s Business Litigation & Dispute Resolution Practice Group. With more than a decade of trial and arbitration experience in courts and arbitration venues across the country, Michael is a trusted advocate for clients facing high-stakes business disputes. His practice centers on partnership and contractual disputes, complex financial fraud, intellectual property, securities and consumer class actions, trade secret misappropriation, and governmental and internal investigations. Known for guiding clients efficiently from pre-litigation investigation through trial and appeal, Michael combines strategic judgment with a commitment to practical, economical resolutions.

Education & Credentials

Michael earned his J.D., cum laude, from Boston University School of Law, where he served as Article Editor for the Journal of Science and Technology. He holds a B.A. in Political Science and Government from Providence College. He is admitted to practice in the Commonwealth of Massachusetts and before the United States District Court for the District of Massachusetts.

Recognition & Leadership

Michael's contributions to the litigation bar have earned him consistent recognition from the legal industry's leading publications. He has been named a Super Lawyers Rising Star in 2024 and 2025 and was recognized by Massachusetts Lawyers Weekly as a 2024 Business Litigation Go-To Attorney. As Chair of DarrowEverett's Business Litigation & Dispute Resolution Practice Group, Michael provides firm-wide leadership on complex disputes and is a member of IR Global, an invitation-only network of elite advisors worldwide.

Professional Involvement

Michael is actively engaged in the professional legal community. He serves on the Civil Litigation Section Council of the Massachusetts Bar Association and is a member of the Boston Bar Association. He is also a frequent author and thought leader on emerging litigation trends, with recent bylined pieces appearing in JD Supra and commentary featured in Massachusetts Lawyers Weekly and Authority Magazine. His writing addresses cutting-edge topics including tracking pixel litigation, CIPA mass arbitration defense strategies, Wiretap Act developments, and best practices for operating agreements.

Experience

Michael represents businesses and individuals in a broad range of commercial and complex disputes, with particular depth in internet privacy litigation. In 2025 alone, he handled more than 60 matters involving alleged violations of the federal Electronic Communications Privacy Act (ECPA), the California Invasion of Privacy Act (CIPA), and other state privacy statutes. He defends companies in class actions and individual claims arising from wiretapping allegations and the use of website tracking technologies, including session replay software, chat widgets, analytics integrations, and tools such as Meta Pixel. Beyond the courtroom, Michael counsels clients on risk mitigation strategies and defends against claims that test the boundaries of rapidly evolving privacy frameworks. His broader litigation experience includes matters brought under the Lanham Act, the False Claims Act, the Private Securities Litigation Reform Act (PSLRA), and Section 230 of the Communications Decency Act. Representative outcomes include securing the dismissal of six of nine claims in a proposed class action in the U.S. District Court for the Western District of Washington involving website tracking pixels and the alleged transmission of sensitive health information to third parties; obtaining a favorable pre-hearing arbitration ruling for a digital publisher on a choice-of-law provision, allowing the client to avoid substantial per-visit penalties under California's Invasion of Privacy Act; negotiating a seven-figure buyout for a frozen-out shareholder of a renewable energy business; successfully resolving a complex construction dispute involving a commercial food processing facility and securing dissolution of multiple mechanic's liens; vacating a judgment against a trucking company client based on insufficient service of process; and obtaining injunctive relief in Massachusetts Superior Court that led to a favorable settlement in a commercial ownership dispute. Prior to joining DarrowEverett, Michael was a litigation partner in the Boston office of an AmLaw 100 firm, where he built the foundation of his national trial and arbitration practice.

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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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