Data Privacy Class Actions: Navigating Latest Legal Theories, Leveraging Defense Strategies, Evaluating Insurance Coverage

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


Conducted on Thursday, February 2, 2017

Recorded event now available

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Program Materials

This CLE webinar will examine the most recent data privacy and breach class actions; evaluate new and emerging liability theories and the courts’ varying treatment of standing and statutory damages issues; and offer strategies to leverage insurance coverage to mitigate financial risks for businesses.

Description

Individual lawsuits, class action claims, and government enforcement actions against companies of all sizes and industries following data security breaches have exploded in recent years. Settlement amounts, even in the absence of legally cognizable injury, are ticking up.

Privacy and data security risks and the need to manage and mitigate them are a pressing concern throughout business organizations, up to the very top. And the failure to manage and mitigate those risks is causing real damage to corporate brands and their bottom line.

Listen as our authoritative panel of attorneys—representing the defense, plaintiff and policyholder perspectives—explains recent data breach class actions; examines new and emerging liability theories and the courts’ varying treatment of standing and statutory damages issues; and offers strategies to leverage insurance coverage to mitigate financial risks for businesses.

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Outline

  1. Latest litigation developments
    1. Does standing even matter if you’re faced with (or wielding) a statutory damages claim?
    2. If data is the new oil, will data breach and privacy become the new asbestos? Litigation and settlement trends
  2. Potential new areas of risk and reward: a defense and plaintiff view
    1. Will big data lead to big problems for business and big opportunities for plaintiffs?
    2. The Internet of Things: assessing the risks
    3. Potential game changers: FTC and AG actions and the role of potential new legislation
  3. Mitigating the risks: insurance and third-party contractual considerations

Benefits

The panel will review these and other key issues:

  • What are the emerging theories of liability for exposing a customer’s personal identification data?
  • What alternatives to traditional statutory damages are courts considering for large class actions?
  • What insurance coverage may be available to cover privacy and data breaches and how can companies maximize existing insurance coverage?

Faculty

Natasha G. Kohne
Natasha G. Kohne

Partner
Akin Gump Strauss Hauer & Feld

Ms. Kohne is Co-Leader of the firm’s Cybersecurity, Privacy and Data Protection Practice and Middle East...  |  Read More

Kirsten C. Jackson, Esq.
Kirsten C. Jackson, Esq.

Kasowitz Benson Torres & Friedman

Ms. Jackson works on behalf of companies to recover insurance assets. She assists in obtaining millions of dollars in...  |  Read More

Donna L. Wilson
Donna L. Wilson

Partner
Manatt Phelps & Phillips

Ms. Wilson is resident in the Los Angeles office of Manatt, Phelps, and Phillips, LLC. Ms. Wilson co-chairs the...  |  Read More

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