Web Tracking on Trial: Privacy Class Actions, AI Misrepresentation Claims, and Compliance Risks

Colin Knisely | Duane Morris LLP

J. Colin Knisely is a Partner at Duane Morris LLP in Philadelphia, where he concentrates his practice in commercial litigation, including class action litigation arising out of state and federal privacy laws. He regularly counsels clients in the complex areas of privacy, cybersecurity, ransomware attacks and data breach response. Mr. Knisely also represents clients on claims concerning accessibility of their public facing websites, and frequently consults with clients regarding compliance with the Web Content Accessibility Guidelines (WCAG), the Americans with Disabilities Act (ADA), and various state and local accessibility laws and regulations. He specializes in litigation related to Title III of the ADA and the Fair Housing Act (FHA), while also handling employment law issues, professional liability litigation, insurance coverage, and products liability litigation. He has experience in all aspects of commercial litigation, including lead roles in numerous trials in state and federal courts, arbitrations and appeals.

• Education & Credentials

Mr. Knisely is a Partner at Duane Morris LLP, based in the firm’s Philadelphia office. His practice areas include commercial litigation, ADA Title III litigation, class action defense, privacy and data security, banking litigation, employment law, and insurance and reinsurance.

• Recognition & Leadership

Mr. Knisely is recognized for his specialized work defending class action litigation arising from state and federal privacy laws and website accessibility claims, and for his ability to counsel clients through the complex areas of cybersecurity, ransomware response, and data breach preparedness.

• Professional Involvement

Mr. Knisely frequently consults with clients regarding compliance with the Web Content Accessibility Guidelines (WCAG), the Americans with Disabilities Act (ADA), and various state and local accessibility laws, and regularly counsels clients navigating privacy, cybersecurity, and data breach response matters.

• Experience

Mr. Knisely has led numerous trials in state and federal courts, arbitrations and appeals. His representative matters include defending retailers, banks, and energy companies in ADA website accessibility lawsuits, securing directed verdicts at trial, obtaining dismissals of class action claims, and representing lenders in multimillion-dollar lender liability disputes.

Michael Zullo | Duane Morris LLP

Michael S. Zullo is a Partner at Duane Morris LLP in Philadelphia, where he serves as team lead for the firm’s Banking and Finance industry group. Mr. Zullo has been representing banks and other financial institutions in all manner of litigation for almost 20 years. He has appeared before federal and state courts nationwide and has a proven track record of success in the courtroom. He has also resolved hundreds of matters outside of the courtroom, employing a practical, problem-solving approach that puts client goals first. Mr. Zullo also counsels clients in purported class action litigation concerning the accessibility features of their public facing websites and represents clients on claims arising out of state and federal privacy laws such as the California Invasion of Privacy Act (CIPA) and the Video Privacy Protection Act (VPPA). Law360’s “Ask the Experts” segment has highlighted his written analysis on website privacy litigation.

• Education & Credentials

Mr. Zullo is a 2003 cum laude graduate of the George Washington University Law School, where he was the notes editor for the Public Contracts Journal. He is also a magna cum laude graduate of Boston College, where he was elected to Phi Beta Kappa.

• Recognition & Leadership

Mr. Zullo is a board member of the American Association of People with Disabilities (AAPD), where he chairs the Governance Committee. As an individual who is deaf, he brings first-hand knowledge of accessibility issues to his practice, and Law360’s “Ask the Experts” segment has highlighted his analysis on website privacy litigation.

• Professional Involvement

Mr. Zullo is a member of Duane Morris’s Diversity and Inclusion Committee and serves as a mentor to associates with disabilities and/or from underrepresented backgrounds. He partners with clients and their consultants to help them achieve compliance with the Web Content Accessibility Guidelines (WCAG) and the Americans with Disabilities Act (ADA).

• Experience

For almost 20 years, Mr. Zullo has represented banks and financial institutions in litigation involving UCC matters, lender liability claims, internal investigations, the Bank Secrecy Act, asset recovery, and ADA compliance. His representative matters include obtaining injunctive relief permitting recovery of over 350 vehicles in a $40 million auto finance dispute, securing an $11 million arbitration award, and winning dismissals in cases involving RICO, fraud, and multimillion-dollar contract claims in federal and state courts nationwide.

Session 1 – Current Privacy Class Action Trends: Analyzing Recent Court Rulings and Evolving Plaintiff Theories of Liability | 2:00pm – 2:30pm

Privacy class actions targeting digital tracking technologies are surging, with plaintiffs leveraging federal and state wiretap statutes against tools like Meta Pixel and Google Analytics while courts issue conflicting rulings that reshape defense strategy.

Session 2 – Federal and State Regulatory Landscape: CCPA, State Biometric Laws, FTC Enforcement Priorities, and Emerging Legislation | 2:30pm – 3:00pm

An expanding patchwork of state comprehensive privacy laws, CCPA requirements, biometric information statutes like Illinois’ BIPA, FTC enforcement priorities, and newly enacted legislation creates overlapping compliance obligations that practitioners must navigate for their clients.

Break | 3:00pm – 3:10pm

Session 3 – AI-Enhanced Tracking Technologies Under Legal Scrutiny: Session Replay, Behavioral Analytics, Consent Management, and Automated Decision-Making Tools | 3:10pm – 3:40pm

Artificial intelligence integration into web tracking is intensifying legal exposure as plaintiffs extend wiretap theories to session replay tools, behavioral analytics platforms, consent management systems, and automated decision-making technologies under evolving legal standards.

Session 4 – Practical Compliance Frameworks: Risk Assessment Protocols, Vendor Management Strategies, and Defensible Privacy Program Design | 3:40pm – 4:10pm

Building defensible compliance programs requires structured risk assessment protocols, vendor due diligence strategies, privacy program architecture, and actionable implementation steps that attorneys can deploy immediately to reduce client exposure across jurisdictions.