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Register Now! The Next Frontier — Surveillance & Personalized Pricing Webinar

By Joanna Rosen Forster, Toni Michelle Jackson & Daniel Leff on May 12, 2026
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Register now to join Crowell partners Joanna Forster, Toni Michelle Jackson, and Dan Leff for a focused discussion on surveillance pricing — what it means for your business, the risks it creates, and the concrete steps you can take now, from reviewing your pricing practices and privacy policies to building a proactive risk management strategy. The webinar will take place on Wednesday, June 10, 2026 from 12:30 – 1:30 p.m. EDT.

Does your company use algorithms or consumer data to set or adjust prices? Are discounts or incentives for returning user specials based on data or algorithms? If so, you may be engaged in surveillance pricing — and the regulatory and litigation risk is growing fast. Surveillance pricing involves the use of personal data, including location, demographics, browsing and shopping history, and behavioral signals, to set individualized prices or offers. Companies engaged in these practices face exposure across antitrust, consumer protection, data privacy, civil rights, and false advertising laws, with high-risk states including California, New York, New Jersey, Illinois, Tennessee, and Washington, as well as growing federal scrutiny from the FTC.

This webinar is particularly relevant for companies in retail, e-commerce, hospitality, financial services, travel, entertainment, and ticketing. 


This program is pending CLE credit in CA, CO, IL, NY, and TX. Credit hours are estimated and subject to each state’s approval and credit rounding rules. We will apply to have this program accredited in other jurisdictions upon request. CLE credit is only available for attendance at the live webinar. CLE credit is not available for viewing this program on-demand.

Photo of Joanna Rosen Forster Joanna Rosen Forster

Joanna Forster’s multifaceted background positions her to effectively manage conflicts across the legal spectrum and across the globe. In her prior roles as general counsel (representing both plaintiffs and defendants) and as government prosecutor/enforcer, Joanna handled nearly every type of matter, ranging from

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Joanna Forster’s multifaceted background positions her to effectively manage conflicts across the legal spectrum and across the globe. In her prior roles as general counsel (representing both plaintiffs and defendants) and as government prosecutor/enforcer, Joanna handled nearly every type of matter, ranging from complex commercial and white collar matters in areas such as employment, intellectual property, securities and antitrust law, to internal investigations and corporate and M&A transactions. She views her role as both a conflict manager, dispensing advice to avoid adversarial action, and as a tech and business litigator, resolving disputes with her client’s business goals in mind.

Having served as the general counsel and compliance officer of a publicly traded ecommerce platform operating in over 60 countries, Joanna has an appreciation of strategic dispute resolution, investigations, and compliance from a general counsel’s perspective. By understanding how business leaders combine the input of in-house and outside counsel to make decisions, Joanna is able to provide her clients with decisive and efficient legal guidance.

Her practice includes litigating domestic and cross-border complex commercial disputes and advising technology and ecommerce companies on matters related to internet platforms, product launches, market campaigns, and new vertical lines of business, all while advising on foreign and domestic laws that regulate online content, physical products, and the companies that bring them to market. Drawing on her experience as the General Counsel of an online e-commerce marketplace, Joanna also regularly advises and counsels clients on California’s Proposition 65, from prevention and compliance to remediation. Joanna is well-versed in key regulations that impact ecommerce companies, including the EU’s Digital Services Act, the U.S. INFORM Act, and the proposed SHOP SAFE Act, as well as laws and regulations that govern online speech such as the Communications Decency Act, Section 230.

Prior to going in-house, Joanna was the deputy attorney general, Corporate Fraud Section of the California Department of Justice. In this capacity, she led large, complex civil matters alleging violations of California’s False Claims Act, Securities Law, Section 17200, Cartwright Act, and other deceptive business practices. She also maintained her own investigations and litigation docket.

Before joining the California Department of Justice, Joanna spent nearly a decade in private practice, where she focused on civil and criminal antitrust and commercial litigation. She also served as a law clerk for the Honorable Consuelo B. Marshall in the U.S. District Court for the Central District Court of California.

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Photo of Toni Michelle Jackson Toni Michelle Jackson

Toni Michelle Jackson is a first-chair litigator whose extensive jury and bench trial experience is informed by over 15 years of government service. Clients rely on her to marshal the evidence presented during discovery and either win their case at summary judgment or…

Toni Michelle Jackson is a first-chair litigator whose extensive jury and bench trial experience is informed by over 15 years of government service. Clients rely on her to marshal the evidence presented during discovery and either win their case at summary judgment or try the case and win at trial. In particular, she leads class/collective actions, multidistrict litigations, and other complex litigation in federal and state courts. As chair of the State Attorneys General Practice Group, Toni provides advice and counsel to clients with State Attorneys General matters, including investigations, inquiries and litigation.

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Photo of Daniel Leff Daniel Leff

Daniel Leff is an antitrust litigator, trial lawyer, and strategic advisor. As a former state assistant attorney general, he draws on his experience litigating complex, high-profile antitrust cases for clients involved in or anticipating litigation as both plaintiffs and defendants. Dan also counsels

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Daniel Leff is an antitrust litigator, trial lawyer, and strategic advisor. As a former state assistant attorney general, he draws on his experience litigating complex, high-profile antitrust cases for clients involved in or anticipating litigation as both plaintiffs and defendants. Dan also counsels and advocates for companies seeking antitrust regulatory approval for mergers, acquisitions, and innovative business deals.

Dan joined Crowell from the Massachusetts Attorney General’s Office (AGO), where he served in the Office’s Antitrust Division. In that role, he worked hand-in-hand with enforcers from the U.S. Department of Justice (DOJ), the Federal Trade Commission (FTC), and the attorney general offices of nearly every U.S. state and territory to investigate and litigate merger, monopolization, and cartel matters.

His work with the AGO included successfully trying merger and Sherman Act § 1 cases in federal court. He was also a lead member of a plaintiff group comprising nearly every state attorney general office in the country in a large pharmaceutical price-fixing multidistrict litigation (MDL).

Dan also investigated, litigated, and settled numerous competition matters in industries including telecommunications, transportation, energy, agricultural products, healthcare, and pharmaceuticals. Clients benefit from Dan’s experience in the Sherman, Clayton, and FTC acts and numerous state antitrust and consumer protection statutes, as well as his familiarity with the perspectives of state and federal enforcers across the country.

Dan began his career at Crowell, where he represented clients facing federal and state antitrust, consumer protection, and environmental scrutiny, primarily in the telecommunications and energy industries. He also previously worked for an international law firm in Boston, representing pharmaceutical and medical device companies facing federal civil and criminal investigations.

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  • Posted in:
    Privacy and Cybersecurity
  • Blog:
    Retail & Consumer Products Law Observer
  • Organization:
    Crowell & Moring LLP
  • Article: View Original Source

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