Cyber Session: Litigation (When NOT to settle) and Regulatory Developments

Litigation (does settlement always make sense?) and Regulatory Developments (big changes here!) When does settling a privacy claim make business sense—and when does it simply invite the next demand? As plaintiffs apply decades-old statutes and common law theories to chatbots, AI-enabled AdTech, and data correlation, businesses and insurers face difficult choices about which claims to defend and which to resolve. This session will explore how to distinguish credible exposures from nuisance demands, evaluate legal and business risk, and make deliberate defense and settlement decisions. Drawing on CIPA, AdTech, and emerging privacy litigation, panelists will examine how the gap between evolving technology and existing law creates both litigation risk and opportunities to push back. Panelists will also explore the shifting regulatory landscape with a new and increasing regulatory focus on privacy issues, especially data collection and use, and the impact this is having on regulatory exposures and on litigation strategy and exposures.