California's wave of cookie and pixel tracking litigation is reshaping the legal landscape for businesses and their counsel. This program will examine recent rulings decided in April and May 2025 to draw lessons from both defense wins and plaintiff victories. Courts have issued decisions under the California Invasion of Privacy Act and the federal Electronic Communications Privacy Act with outcomes turning heavily on consent architecture, data sensitivity, and whether tracking began before users had a chance to accept or decline. Topics include the Article III standing framework courts are applying to behavioral metadata, the distinction between clickwrap and browsewrap consent, the pen register theory that continues to survive dismissal, and why financial and health data cases carry materially higher risk than general consumer browsing claims. Attendees will leave with a concrete checklist for auditing tracking tools, upgrading consent mechanisms, and aligning privacy policies with actual website practices.
This OnDemand CLE program earns 1 hour of General credit in California. It aired July 17, 2026 and features Usama Kahf, CIPP/US.
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