Program Details
2026-08-20 13:00:00
Over 1,000+ webinars
Course Overview
2026-08-20 13:00:00
2h CLE Credits
Intermediate
2
1:00 pm - 2:00 pm ESTThis session equips defense-side attorneys with the tools to defeat or limit federal Wiretap Act class actions built on privacy policy misrepresentations, covering motion-to-dismiss strategies, the evolving crime-tort exception split, and concrete remediation steps to close exposure before litigation begins. Attorneys will learn how courts have applied the party-consent defense, the primary-motivation test, and Article III standing challenges to dispose of ECPA claims at the pleading stage. Attendees leave with a practical framework for auditing tracking technology deployments, layering consent architecture, and structuring vendor agreements to eliminate the factual gaps plaintiff’s exploit.
Kathleen F. McConnell
Vince Smolczynski
Daniel E. Riley 2:10 pm - 3:10 pm ESTCongress passed the Electronic Communications Privacy Act in 1986 to ensure that Americans had the same privacy protections for electronic communications as oral and wire communications. Is it working? This program will help lawyers understand how to build a case under the ECPA, how to defend against one, and how to avoid one. The program will cover the history of the Act, the elements, and the technology underlying these claims. Attendees will learn how these claims are constructed and challenged at the pleading stage and how they proceed through discovery to trial.
Jay BarnesKathleen F. McConnell is a partner in Seyfarth Shaw LLP’s Privacy & Cybersecurity practice, where her work sits at the intersection of data and the law — privacy, data science, electronic discovery, and information governance. She counsels companies on data protection, information security, analytics, and AI, and defends clients against California Invasion of Privacy Act (CIPA) claims and website-disclosure disputes of the kind at the center of today’s wiretap litigation.
Vince Smolczynski is an attorney at Seyfarth Shaw LLP whose practice centers on intellectual property and trade secret litigation, scaled to fit clients ranging from early-stage startups to Fortune 500 companies. He handles complex civil litigation, patent litigation, and a range of intellectual property matters, along with patent and trademark prosecution.
Daniel E. Riley is an attorney at Seyfarth Shaw LLP whose practice spans the core pillars of data law — privacy, information governance, eDiscovery, cybersecurity, and AI governance. He advises clients across industries on compliance with U.S. and global data protection frameworks, translating complex regulatory requirements into practical, scalable compliance programs, with a growing focus on AI governance and automated decision-making.
Jay Barnes is the founder of Barnes Law, LLC in Jefferson City, Missouri, a firm he opened in 2026 to focus on consumer class actions, personal injury, and public-interest litigation. Across more than two decades in private practice and public service, he has become an early and leading voice in privacy class-action litigation, representing consumers against some of the largest companies in the world.
Kathleen F. McConnell is a partner in Seyfarth Shaw LLP’s Privacy & Cybersecurity practice, where her work sits at the intersection of data and the law — privacy, data science, electronic discovery, and information governance. She counsels companies on data protection, information security, analytics, and AI, and defends clients against California Invasion of Privacy Act (CIPA) claims and website-disclosure disputes of the kind at the center of today’s wiretap litigation.
Vince Smolczynski is an attorney at Seyfarth Shaw LLP whose practice centers on intellectual property and trade secret litigation, scaled to fit clients ranging from early-stage startups to Fortune 500 companies. He handles complex civil litigation, patent litigation, and a range of intellectual property matters, along with patent and trademark prosecution.
Daniel E. Riley is an attorney at Seyfarth Shaw LLP whose practice spans the core pillars of data law — privacy, information governance, eDiscovery, cybersecurity, and AI governance. He advises clients across industries on compliance with U.S. and global data protection frameworks, translating complex regulatory requirements into practical, scalable compliance programs, with a growing focus on AI governance and automated decision-making.
Jay Barnes is the founder of Barnes Law, LLC in Jefferson City, Missouri, a firm he opened in 2026 to focus on consumer class actions, personal injury, and public-interest litigation. Across more than two decades in private practice and public service, he has become an early and leading voice in privacy class-action litigation, representing consumers against some of the largest companies in the world.
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
