Data Privacy Class Claims Against Tech Companies: Improper Collection, Storage, Sale, and Transfer of Consumer Data

Navigating Latest Legal Theories, Leveraging Defense Strategies

*** This program has been cancelled ***

A live 90-minute CLE webinar with interactive Q&A


Thursday, August 10, 2017
1:00pm-2:30pm EDT, 10:00am-11:30am PDT


This CLE webinar will examine the most recent data privacy class actions against tech companies for improper collection, storage, sale and transfer of consumer data. The program will evaluate new and emerging liability theories and the courts’ varying treatment of standing and statutory damages issues post Spokeo.

Description

With technological advances in data collection and storage, tech companies have seen an increase in class action suits alleging privacy violations with respect to the manner in which these companies collect, store, sell and transfer information about their customers. High profile defendants include Facebook, Google, Apple, Amazon and Netflix.

As with data breach cases, the most formidable challenge facing plaintiffs is articulating an injury-in-fact under the standards enunciated in Spokeo. Several cases alleging that companies shared personally identifiable information about customer internet browsing history with Facebook have been dismissed for lack of a cognizable injury.

Despite the standing hurdle, these suits persist. Last year, the First Circuit allowed a claim by app users alleging privacy violations under the Video Privacy Protection Act to proceed. More recently Twitter, Instagram and other app makers reached a $5.3 million settlement of claims alleging they uploaded Apple device users’ personal data without consent.

Listen as our authoritative panel of class action attorneys analyzes the growing number of data privacy class actions against tech companies for improper collection, storage, sale and transfer of consumer data. The panel will evaluate new and emerging liability theories and the courts’ varying treatment of standing and statutory damages issues post Spokeo.

Outline

  1. Case law trends and developments: suits, settlements, dismissals
  2. Evolving theories of liability and data privacy statutes
  3. Article III standing post Spokeo: new theories of harm
  4. Bringing and defending privacy claims—strategies for plaintiff and defense counsel

Benefits

The panel will review these and other key issues:

  • What are the emerging theories of liability for tech companies that collect, store, sell and transfer a customer’s personal identification data?
  • What novel theories of harm are plaintiffs articulating to get around the Spokeo injury-on-fact standard?
  • What are the best defenses for tech company defendants being sued for data privacy class claims?

Faculty

Mark C. Mao, Partner
Troutman Sanders, San Francisco

Mr. Mao is a partner in the Firm's Cybersecurity, Information Governance and Privacy and Business Litigation practices. His practice focuses primarily on emerging-technologies and data-based products, with a particular interest in their intellectual property and privacy law needs. He has substantial experience advising and litigating on behalf of companies across a broad spectrum of products, including connected things ("IoT"), autonomous vehicles, automation/machine-learning, augmented and virtual reality, gaming, real-time targeting technologies, shared-economies, aggregation technologies, broadband, and security hardware and software. He has successfully defended numerous organizations through difficult intellectual property disputes, insider/shareholder disputes, and consumer class actions where the regulatory and legal issues continue to evolve rapidly, such as in the areas of Telephone Consumer Protection Act ("TCPA") and Fair Credit Reporting Act ("FCRA") litigation. He advises companies throughout their product life cycles on emerging and global privacy law issues, in addition to handling their data breach needs.

Ronald I. Raether, Jr., Partner
Troutman Sanders, Irvine, Calif.

Mr. Raether leads the Firm's Cybersecurity, Information Governance and Privacy practice group. He has significant experience with data security, data privacy, patent, antitrust, and licensing and contracts. He assisted one of the first companies required to provide notice of a data breach and has since successfully defended companies in over 100 class actions. He has litigated cases involving the DPPA, VPPA, TCPA and other federal and state statutory schemes which regulate the use or security of data. He represents clients in a broad range of matters including data aggregation and analytics, mobile applications, payment technologies, de-identification/anonymization, correlation of data from multiple connected devices, “connected-things (IoT),” and electronic crash- and consumer-reporting systems.

Donna L. Wilson, Partner
Manatt Phelps & Phillips, Los Angeles

Ms. Wilson is resident in the Los Angeles office of Manatt, Phelps, and Phillips, LLC. Ms. Wilson co-chairs the litigation group of Manatt Digital Media, as well as Manatt’s privacy and data security practice team. Her practice focuses on class action defense and data security/privacy litigation risk management and counseling across a range of industries, including new media, e-commerce, retail, telecommunications, and financial services.


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Class Action Law Advisory Board

Thomas Allen

Partner

Reed Smith

Steve Berman

Partner

Hagens Berman Sobol Shapiro

Brian Boyle

Partner

O'Melveny & Myers

H. Douglas Hinson

Partner

Alston & Bird

Daniel R. Karon

Founder

Karon LLC

Robert S. Kitchenoff

Partner

Weinstein Kitchenoff & Asher

Neal R. Marder

Partner

Akin Gump Strauss Hauer & Feld

Michael McCluggage

Partner

Eimer Stahl

W. Ray Persons

Partner

King & Spalding

William B. Rubenstein

Professor

Harvard Law School

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