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2026-06-26 13:00:00

2 Credits

Defend against the AI chatbot wiretap class action wave — master California’s wiretap statutes, the Federal Wiretap Act, standing challenges, and compliance architecture designed to prevent claims.

2026-06-26 13:00:00

2 hours

Defend against the AI chatbot wiretap class action wave — master California’s wiretap statutes, the Federal Wiretap Act, standing challenges, and compliance architecture designed to prevent claims.

2026-06-26 13:00:00

2 hours

1000+

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Live stream programs

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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

Course Overview

The Statute Plaintiffs Found Before Defendants Did

California’s wiretap statutes were drafted decades before anyone deployed a chatbot, and the plaintiffs’ bar has spent the last eighteen months turning that statutory mismatch into a class action machine — pulling the Federal Wiretap Act along with it and dragging healthcare, legal intake, financial, insurance, and HR chatbot deployments into court. Vendor-as-third-party architecture, multi-turn AI conversations, and standard analytics pipelines can all generate statutory exposure many companies never anticipated when deploying these systems. The case law is now mature enough to predict where complaints succeed and where they fall apart. This program maps the statutory and case-law architecture driving the wave, then equips defense counsel to analyze the leading liability theories, mount early standing challenges, address predominance issues at class certification, evaluate exposure against current settlement benchmarks, and build compliant consent architecture, vendor agreement restructuring, and server-side design intended to eliminate the “interception” element. Attendees will be able to triage a complaint, sequence dispositive motions, and harden a chatbot deployment against the next filing.

Key topics that will be covered

What will you learn

Learn how California's wiretap statutes and the Federal Wiretap Act apply to AI chatbots, the litigation theories driving the current wave of claims, and the defense and compliance tools used to mitigate exposure.

What will you gain

Gain practical command of statutory liability theories, standing challenges, class certification defense, settlement valuation benchmarks, compliant consent architecture, and insurance placement across technology, cyber, and media liability towers.

Section 631(a)
Apply the capability test and analyze vendor architecture exposure.
Section 632
Apply Frasco and Flanagan to multi-turn AI chatbot conversations.
Regulated verticals
Assess healthcare, legal intake, financial, and HR regulatory overlays.
Standing challenges
Evaluate post-Popa Article III standing challenges.
Class certification
Address predominance issues in chatbot wiretap class actions.
Consent architecture
Build Javier-compliant consent preambles and vendor DPAs.

What will you learn

Learn how California's wiretap statutes and the Federal Wiretap Act apply to AI chatbots, the litigation theories driving the current wave of claims, and the defense and compliance tools used to mitigate exposure.

What will you gain

Gain practical command of statutory liability theories, standing challenges, class certification defense, settlement valuation benchmarks, compliant consent architecture, and insurance placement across technology, cyber, and media liability towers.

Agenda

Session 1

AI Chatbot Wiretap Liability Under CIPA and ECPA

Session 2

Pleading and Defending AI Chatbot Wiretap Class Actions

clock 1:00 pm - 2:00 pm EST

AI Chatbot Wiretap Liability Under CIPA and ECPA

Robert Austin Jenkin, II

Troutman Pepper Locke

Map the statutory and case-law architecture driving AI chatbot wiretap claims under California Penal Code §§ 631(a) and 632 and the Federal Wiretap Act, including vendor-as-third-party architectures, regulated-vertical overlays, damages benchmarks, and SB 690 legislative risk.

Robert Austin Jenkin, II

Troutman Pepper Locke

clock 2:10 pm - 3:10 pm EST

Pleading and Defending AI Chatbot Wiretap Class Actions

J. Colin Knisely

Duane Morris LLP

Equip defense counsel to challenge and resolve AI chatbot wiretap class actions, including post-Popa standing challenges, class certification defense, settlement pricing, Javier-compliant consent preambles, vendor DPA restructuring, server-side architecture, and insurance placement.

J. Colin Knisely

Duane Morris 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.

J. Colin Knisely

Duane Morris LLP

Robert Austin Jenkin, II

Troutman Pepper Locke

J. Colin Knisely

Duane Morris LLP

J. Colin Knisely is a Partner at Duane Morris LLP in the firm’s Philadelphia office, where he concentrates his practice in commercial litigation, including class action litigation arising out of state and federal privacy laws. Colin regularly counsels clients in the complex areas of privacy, cybersecurity, ransomware attacks, and data breach response, and represents clients on claims concerning accessibility of their public-facing websites. He also specializes in litigation related to Title III of the Americans with Disabilities Act (ADA) and the Fair Housing Act, while handling employment law, professional liability litigation, insurance coverage, and products liability matters, with lead roles in numerous trials in state and federal courts, arbitrations, and appeals.

Education & Credentials

Colin earned his J.D. from Case Western Reserve University School of Law in 1997, and his B.A., magna cum laude, from Allegheny College in 1993. He is admitted to the Pennsylvania and Ohio Bars and the U.S. District Courts for the Eastern District of Pennsylvania and the Northern District of Ohio.

Recognition & Leadership

Colin has been named a Thomson Reuters Stand-out Lawyer (2024–2026).

Professional Involvement

Colin is a member of the Philadelphia Bar Association and the Professional Liability Underwriting Society. He authored "Northern District of California Allows CIPA Claims Against AI Pizza Ordering Assistant to Proceed" (August 2025) and "Third Circuit Clarifies Standing Requirements for Session Replay Privacy Claims" (August 2025), and co-authored "California SB 690 Stalls in Assembly — CIPA Liability Remains at Least Through 2026" (July 2025) and "U.S. Court of Appeals Ninth Circuit Reversal Expands Potential Liability for Companies Using Session-Replay and Tracking Technologies in California" (June 2025). He has presented on "Web Tracking on Trial: Privacy Class Actions, AI Misrepresentation Claims, and Compliance Risks" for myLawCLE (September 2025) and on privacy class actions for the Western Alliance Bank Class Action Law Forum (March 2024).

Experience

Colin secured a directed verdict at trial on behalf of a manufacturer in age discrimination and breach of contract claims, with affirmance on appeal before the Ohio Eighth District Court of Appeals. He has defended multiple banks and retailers in putative class actions alleging failure to comply with the ADA on website accessibility and ATM access, obtained a $1.85 million verdict for a bank client in a commercial mortgage dispute, and represented a lender in a $75 million lender liability, deepening insolvency, and fraud case brought by the U.S. Trustee.

J. Colin Knisely

Duane Morris LLP

J. Colin Knisely is a Partner at Duane Morris LLP in the firm’s Philadelphia office, where he concentrates his practice in commercial litigation, including class action litigation arising out of state and federal privacy laws. Colin regularly counsels clients in the complex areas of privacy, cybersecurity, ransomware attacks, and data breach response, and represents clients on claims concerning accessibility of their public-facing websites. He also specializes in litigation related to Title III of the Americans with Disabilities Act (ADA) and the Fair Housing Act, while handling employment law, professional liability litigation, insurance coverage, and products liability matters, with lead roles in numerous trials in state and federal courts, arbitrations, and appeals.

Education & Credentials

Colin earned his J.D. from Case Western Reserve University School of Law in 1997, and his B.A., magna cum laude, from Allegheny College in 1993. He is admitted to the Pennsylvania and Ohio Bars and the U.S. District Courts for the Eastern District of Pennsylvania and the Northern District of Ohio.

Recognition & Leadership

Colin has been named a Thomson Reuters Stand-out Lawyer (2024–2026).

Professional Involvement

Colin is a member of the Philadelphia Bar Association and the Professional Liability Underwriting Society. He authored "Northern District of California Allows CIPA Claims Against AI Pizza Ordering Assistant to Proceed" (August 2025) and "Third Circuit Clarifies Standing Requirements for Session Replay Privacy Claims" (August 2025), and co-authored "California SB 690 Stalls in Assembly — CIPA Liability Remains at Least Through 2026" (July 2025) and "U.S. Court of Appeals Ninth Circuit Reversal Expands Potential Liability for Companies Using Session-Replay and Tracking Technologies in California" (June 2025). He has presented on "Web Tracking on Trial: Privacy Class Actions, AI Misrepresentation Claims, and Compliance Risks" for myLawCLE (September 2025) and on privacy class actions for the Western Alliance Bank Class Action Law Forum (March 2024).

Experience

Colin secured a directed verdict at trial on behalf of a manufacturer in age discrimination and breach of contract claims, with affirmance on appeal before the Ohio Eighth District Court of Appeals. He has defended multiple banks and retailers in putative class actions alleging failure to comply with the ADA on website accessibility and ATM access, obtained a $1.85 million verdict for a bank client in a commercial mortgage dispute, and represented a lender in a $75 million lender liability, deepening insolvency, and fraud case brought by the U.S. Trustee.

Robert Austin Jenkin, II

Troutman Pepper Locke

Robert Austin Jenkin, II (“Rob”) is an Associate at Troutman Pepper Locke in the firm’s Princeton, New Jersey office, where he focuses his practice on complex business disputes and privacy litigation in federal and state courts across the U.S., as well as in mediations and arbitrations. With a primary focus on privacy and cybersecurity matters, his national practice includes clients ranging from small, closely held corporations to international technology companies. As a member of the firm’s Privacy + Cyber practice, Rob frequently provides thought leadership on developments in the data privacy and security space.

Education & Credentials

Rob earned his J.D. from Seton Hall University School of Law in 2020, where he served as senior editor of the Seton Hall Law Review, and his B.S. in Business Management from Rutgers University in 2016. He is admitted to the New Jersey and New York Bars and the U.S. District Court for the District of New Jersey, and is a Certified Information Privacy Professional (CIPP/US).

Recognition & Leadership

Rob serves as Co-Chair of the American Bar Association's Litigation Section Committee on Privacy and Data Security Litigation (2025–2026) and as Associate Editor of the ABA Young Lawyer Division.

Professional Involvement

Rob has authored or co-authored numerous publications on privacy and wiretap litigation, including "Court Upholds 'Ordinary Course of Business' Exception for AI Call Analytics Under ECPA" (January 2026), "Third Circuit Provides Helpful Guidance on the 'Party Exception' to Wiretap Liability" (November 2025), and "The Northern District of California Calls on the California Legislature to Fix CIPA" (October 2025). He has spoken on "AI in the Federal Appellate Courts" for the ABA Litigation Section Podcast (March 2026) and appeared on The Consumer Finance Podcast on "The New Wave of Web Tracking Litigation: Wiretap Statutes, VPPA Risk, and Consent Strategies" (November 2025).

Experience

Rob has defended a cloud software company in multidistrict litigation arising from a data breach, resulting in the denial of class certification, and defended a media company in a putative class action under the Video Privacy Protection Act. He has defended companies against claims under the California Invasion of Privacy Act, the California Comprehensive Computer Data Access and Fraud Act, and the Electronic Communications Privacy Act, and represented healthcare providers and laboratory testing services in putative class actions under multiple California privacy statutes arising from data breaches.

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