• videocam Live Webinar with Live Q&A
  • calendar_month November 19, 2026 @ 1:00 PM ET/10:00 AM PT
  • signal_cellular_alt Intermediate
  • card_travel Corporate Law
  • schedule 90 minutes

Website and App Tracking Risks: Data Collection, Sharing, Consent, and Litigation Exposure

Evaluating Risks From Pixels, Session Replay, Chat Tools, Cookies, Analytics, and Third-Party Data Sharing

About the Course

Introduction

This CLE webinar will discuss how to identify and reduce litigation risks stemming from website and mobile app tracking technologies. The panel will examine pixels, session replay, chat tools, cookies, and analytics tech in the context of federal and state laws, including the California Invasion of Privacy Act (CIPA), the Video Privacy Protection Act (VPPA), and related regulations. The panel will cover best practices for consent and disclosure, data sharing, website/app audits, and responses to demand letters or litigation.

Description

Businesses commonly use website and/or mobile app technologies to measure traffic, analyze user behavior, improve functionality, and support advertising and marketing efforts. This tech may collect information about a user's identity and interactions, sharing that data with internal or external analytics, advertising, social media, or similar third-party providers.

Plaintiffs' counsel more frequently oppose these practices under federal and state wiretap and eavesdropping statutes, the VPPA, or related privacy and consumer protection laws. Courts continue to evaluate whether these tools create an improper interception or disclosure, what information is protected, and whether the user provided effective consent. In an evolving landscape, counsel must understand the tracking technologies operating on company websites and apps, what information each collects and shares, how that collection occurs, and whether the company's notices and consent practices sufficiently protect against future litigation risks.

Listen as our panel examines current website and app tracking technology, the principal and recent claims and defenses, and steps corporate counsel may take to identify and mitigate risk.

Presented By

Jacquelyn E. Fradette
Partner
Sidley Austin LLP

Ms. Fradette defends companies whose products, services, pricing, marketing, and data practices put them in front of consumers and, eventually, in front of the plaintiffs’ bar. She represents direct-to-consumer brands and e-commerce platforms; consumer finance, lending, and payments companies; pharmaceutical, medical device, and genetic testing companies; food, beverage, cosmetics, and over-the-counter drug manufacturers; and investors, private equity sponsors, and private lenders behind them. Ms. Fradette focuses her practice on the ways modern companies attempt to compete and navigate in the market, and the ever-evolving challenges: interactive and digital marketing, dynamic pricing, sales and promotional practices, advertising and labeling claims, consumer data handling and privacy, and consumer credit reporting. Those challenges arrive in many forms: class actions, mass arbitrations, mass torts, multidistrict litigation, competitor suits, and False Claims Act relator cases. She has experience defending across the litigation spectrum.   

Ian M. Ross
Partner
Sidley Austin LLP

Mr. Ross is a co-leader of Sidley’s Consumer Class Actions practice, and experienced trial lawyer who represents clients in business disputes, commercial and securities litigation, nationwide class actions, and government investigations. He is ranked by Chambers USA for his Florida practice in Securities Litigation (Band 1; 2022–2026) and in General Commercial Litigation (2022–2026). Mr. Ross regularly handles high-stakes litigation matters across the country, and his matters have been featured in Bloomberg, The American Lawyer, and Law360, among many others. He is often asked to defend his clients in class actions involving novel privacy and statutory theories, and in recent years has written and spoken extensively on emerging theories of liability under national and state privacy and consumer protection laws. As a trial attorney, Mr. Ross has defended his clients through appeal in cases involving challenging financial, corporate governance, and damages issues. He has prevailed on dispositive motions, defeated class certification, and successfully won appeals on novel issues of materiality, reliance, and causation under Florida law. Mr. Ross is asked frequently to write and speak on emerging issues in securities and class action litigation, and his analysis has been featured in the Florida Bar Journal, the Journal of Health and Life Sciences Law, Law360, and the Daily Business Review. He also serves on the editorial board of the Enhanced Scrutiny blog, where the Sidley team provides timely updates and analysis on M&A and corporate governance matters from the Delaware courts.

Credit Information
  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Thursday, November 19, 2026

  • schedule

    1:00 PM ET/10:00 AM PT

I. Website and app tracking technologies: data collection, sharing, third-party tools

II. Litigation theories/current developments: CIPA, VPPA, wiretap, privacy claims

III. Consent, disclosures, data sharing: notices, consent mechanisms, vendor relations

IV. Assessing and reducing tracking risk: audits, data mapping, higher-risk practices

V. Response to tracking claims: demand letters, defenses, and litigation readiness

VI. Practitioner takeaways

The panel will review these and other key issues:

  • How pixels, session replay, chat tools, cookies, and other analytics tech create litigation risk
  • Claims and defenses under CIPA, VPPA, and federal/state wiretap and privacy laws
  • Structuring consent, disclosures, privacy notices, and third-party data sharing practices
  • Auditing tracking technologies and responding to demand letters and litigation