December 3, 2024 In-Person Roundtable with Fisher Phillips

"The Rise of Technology Litigation"

Plaintiff’s attorneys have found a new growth area akin to the ADA website accessibility lawsuits that plagued companies for a number of years:  website tracking technology-related claims.  Plaintiff’s attorneys are surfing the internet and examining public websites for use of third-party cookies, pixels, tags, and other tracking technology that collects website visitor data. If they find tracking technology, and if the associated notices and disclosures are perceived to be inadequate, then plaintiff’s attorneys are suing the website owners for alleged violations of wiretapping statutes, invasion of privacy, and other claims.  Many businesses hire third-party service providers to help manage their websites and are unaware of the presence of these features, which can lead to inadequate notices and disclosures that can result in lawsuits, sometimes with separate claims filed by multiple plaintiff’s attorneys. We will discuss this litigation trend and steps business can take to decrease the risk of becoming a target for a potential lawsuit.

During this roundtable, we will also discuss trends in data breach and ransomware incidents, which have continued to spike since the pandemic, and have evolved together with advances in technology.  We will also discuss the associated increase in data breach-related litigation, including best practices when responding to a cyber-attack to reduce legal exposure. 

Discussion Leaders:

• Risa B. Boerner, CIPP/US, CIPM,  Partner, Fisher Phillips
• Catherine M. Contino, Associate, Fisher Phillips