Class Actions on Data Breach and Privacy on the Rise

Litigating Class Claims, Alleging and Challenging Damages, and Evaluating Insurance Coverage

1st Circuit hands plaintiffs victory on damages issue

Recording of a 90-minute CLE webinar with Q&A

Conducted on Wednesday, December 7, 2011

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will review new and emerging liability theories in data breach and privacy litigation, hurdles for plaintiffs, potential defenses, and recent case law and data breach settlements. The panel will also discuss insurance coverage to minimize liability and the cost of litigation.


The recent hacker attack at Sony and other high profile privacy and data breaches of customer personal data are attracting more attention from class action lawyers. The biggest hurdle for plaintiffs in these cases may not be proving liability, but rather, showing damages.

In a closely followed case involving Hannaford Brother supermarkets, the 1st Circuit appellate court reinstated plaintiffs’ claims ruling that mitigation costs due to a breach (credit monitoring, new card fees) are cognizable damages absent economic loss to the account or actual identity theft.

Defense costs for privacy and data breach claims, as with any class action claim, can be expensive. Counsel should advise client companies to evaluate existing insurance coverage for avenues of coverage for litigation costs and potential liability.

Listen as our authoritative panel of attorneys discusses theories of liability in data breach and privacy litigation, litigation strategies for plaintiffs and defendants, and best practices for evaluating insurance coverage to minimize the cost of litigation and liability.



  1. Common and emerging legal theories of liability
    1. Involuntary v. voluntary breaches
    2. Statutory claims v. common law theories
    3. What plaintiffs look for in assessing a case
    4. Recent notable settlements
  2. Litigation strategies
    1. Certification
    2. Standing
    3. Damages
  3. Maximizing insurance coverage


The panel will review these and other key questions:

  • What are the emerging theories of privacy liability for misuse of customer personal identification data?
  • Does the disclosure of a customer’s personal data represent a loss of value, or do plaintiffs need to establish additional costs related to the breach?
  • What insurance coverage may be available to cover privacy and data breaches and how can companies maximize existing insurance coverage?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.


Donna L. Wilson
Donna L. Wilson

Buckley Sandler

Ms. Wilson represents financial services providers, including banks, mortgage companies, national retailers,...  |  Read More

Linda D. Kornfeld
Linda D. Kornfeld

Jenner & Block

A nationally recognized insurance coverage litigator with extensive trial and appellate experience, she represents...  |  Read More

Tracy D. Rezvani
Tracy D. Rezvani

Finkelstein Thompson

She specializes in the prosecution of complex class action litigation, primarily involving antitrust violations,...  |  Read More

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