2023 ANA Masters of Advertising Law Conference
Event | 11.15.23, 1:00 PM EST - 2:00 PM EST
Address
Jason Stiehl will moderate the breakout session "Third-Party Wiretapping, VPPA, and Deanonymization Litigation: A Moving Target for Brands" at the 2023 ANA Masters of Advertising Law Conference.
While California has always been a hotbed of privacy-related litigation, in the past year, a group of creative Plaintiff’s counsel have spawned dozens of lawsuits related to website functionality related privacy claims. The first wave focused on claims that certain “pixels” were placed within the source-code of websites that allowed companies to collect data related to users of their websites. These were closely followed by a second wave, focusing on the use of chat functionality to similarly gather data about customers visiting a website. The most recent wave combines these theories with an alleged “dark web” motive; i.e., the use of tools also present in the source code of websites to deanonymize a websites visitors. The litigation is industry agnostic and efforts to defeat these cases at an early stage have been a mixed bag. We will discuss some of the trends in these cases, the successful and unsuccessful defenses, and best practices to avoid being the next target.
For more information, please visit these areas: Litigation and Trial, Advertising and Brand Protection
Participants
Insights
Event | 02.20.25
Has the Buss Stopped? Recoupment Today
Has the Buss Stopped? Recoupment Today: In 1997, the California Supreme Court decided Buss v. Superior Court. In Buss, the court concluded that a liability insurer that defended a mixed action could seek reimbursement from the insured for the defense costs associated with the claims that were not even potentially covered. Since then, numerous courts have held that insurers are entitled to recoup their defense costs associated with uncovered claims or causes of action. On the other hand, a significant number of courts have rejected insurers’ right to recoupment, at least in the absence of a policy provision granting the insurer that right. Some commentators have even suggested that the current judicial trend might be away from permitting insurers to recoup their defense costs. Is that correct? Has the Buss stopped? This panel of coverage experts will analyze insurers’ claimed right to recoupment today, and offer their perspectives on what the law on recoupment should perhaps be and might be in the future.
Event | 02.18.25 - 02.20.25
Event | 12.05.24
Event | 12.05.24
