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Pixels, Session Replay, and Website Advertising Technology: Update on Litigation Trends

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A tidal wave of class actions has targeted companies using website advertising technology like pixels, marketing tags, and session replay. 

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A tidal wave of class actions has targeted companies using website advertising technology like pixels, marketing tags, and session replay. This panel will discuss the technology, directional developments in litigation trends, and where the plaintiffs’ bar will be focusing next. Morrison Foerster's Elisabeth Hutchinson will be speaking in this panel at the Privacy + Security Forum: Fall Academy.<hr>

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Elisabeth "Liz" Hutchinson helps businesses navigate complex class actions involving cutting-edge technology and novel theories of liability. From data security and website tracking technologies to biometrics and artificial intelligence, Liz distills to their essence both the technologies at issue and how they relate to privacy statutes and common law.Liz concentrates her practice in privacy and data security litigation, handling matters from pretrial counseling to appeals. She has extensive experience interpreting and litigating the Illinois Biometric Information Privacy Act, the California Consumer Privacy Act, HIPAA, California Medical Information Act, and state wiretap statutes and common law at both the trial and appellate levels. Liz has represented clients in complex privacy class actions across the country, securing dismissals through motion practice and favorable settlements for her clients where early resolution made strategic sense.Liz brings the unique perspective of an experienced appellate law clerk to every stage of litigation for her clients. Prior to joining MoFo, Liz spent six years working with federal and state appellate judges, clerking for judges on the U.S. Court of Appeals for the Tenth Circuit, Colorado Supreme Court, and Colorado Court of Appeals. Pulling from this experience, Liz regularly counsels clients on developing a successful strategy that will last from the pre-litigation stage through the life of a case. For her accomplishments, she has been recognized by Best Lawyers for the past five years. Most recently, in the 2025 guide of Best Lawyers, Liz was named as “One to Watch” for class action defense, commercial litigation, and personal injury litigation.Liz received her J.D. from the University of Denver Sturm College of Law, where she was awarded several merit-based scholarships, graduated in the top two percent of her class, and received the Reese Persuasive Writing Award and various Scholastic Excellence Awards. Prior to that, Liz earned her B.A. from the University of California at Davis, where she was a NCAA Division I athlete and was named the Western Intercollegiate Rowing Association’s most tenacious rower.Liz maintains a robust pro bono practice and is a leader in her community. She is a Past Chair of the Denver Bar Association Young Lawyers’ Division and serves on the University of Denver Sturm College of Law’s Alumni Council. She is also a member of the William E. Doyle Inn of Court and a regular volunteer for the Colorado High School Cycling League. In her free time, Liz can be found hiking, biking, or skiing across the Rockies.

Pixels, Session Replay, and Website Advertising Technology: Update on Litigation Trends

09 Nov 2023 10:30 AM - 11:30 AM EST