Darren Abernethy, Colin O’Malley, Leigh Freund
Session Time: Thur, Nov 5, 2026: 10:10 AM-11:10 AM
Marketing and advertising teams are facing unprecedented legal scrutiny as regulators, plaintiffs’ lawyers, and consumers increasingly focus on how companies collect, share, and use data for advertising, analytics, personalization, and AI-driven marketing. Today’s privacy risks extend far beyond traditional cookie banners and privacy notices. Organizations must navigate a rapidly evolving landscape that includes state consumer privacy laws, ad-tech enforcement, a concerted attempt to expand state wiretapping laws to the Internet context, TCPA litigation, website and mobile-app tracking claims, data broker restrictions, and emerging requirements governing the use of AI in advertising and consumer profiling.
This panel will explore the most significant developments affecting marketers, privacy professionals, AI governance practitioners and in-house counsel. Drawing on recent enforcement actions, litigation trends, and practical compliance experiences, the panel will provide overviews and actionable guidance for assessing risk, supporting business objectives, and building marketing programs that can withstand increasing regulatory and litigation scrutiny. Areas of focus will include:
- CIPA and wiretap-style claims: state of play and SB 690
- TCPA whiplash: what survived, what’s delayed, what’s next
- Ad tech enforcement: FTC and state AGs/CPPA
- AI in digital advertising: targeting, personalization, and generative content
- Consent infrastructure as the connective tissue
Darren Abernethy, Shareholder, Greenberg Traurig
Colin O’Malley, Founder & Principal, Lucid Privacy Group
Leigh Freund, External Advisor
Reading Materials:
