Growing Class Action Threat: Breaches of Consumer Personally Identifiable Information

Minimizing Litigation Risk and Maximizing Insurance Coverage

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


Conducted on Tuesday, March 18, 2014

Recorded event now available

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Program Materials

This CLE webinar will update class counsel on the latest legal developments regarding the protection of consumer personally identifiable information. The panel will discuss the anticipated impact of new and expanding privacy laws on class action litigation nationwide and offer strategies to minimize litigation exposure and maximize insurance coverage.

Description

On the heels of the much-publicized Target and Neiman Marcus data breaches, plaintiff lawyers nationwide are figuring out how to leverage state privacy statutes to wage class action campaigns. In Massachusetts, a flood of retailers were recently hit with privacy lawsuits under its version of California's Song-Beverly Act. With statutory damages available for each individual violation, the potential liability could be staggering.

The California Legislature remains on the forefront in the development of data privacy laws, with several new laws for 2014, including the “Do-Not-Track” Amendment to the California Online Privacy Protection Act (CalOPPA) and the Amendment to California’s Security Breach Notification Law. The new laws join the state’s “Shine the Light” law and existing privacy laws as fertile territory for class action attorneys challenging corporate data protection practices.

Counsel to companies nationwide must evaluate their clients' potential exposure under their own state consumer privacy statutes and adjust current practices to reduce the risk of class action litigation. Companies should also consider insurance coverage to mitigate liability exposure.

Listen as our authoritative panel of class action and insurance attorneys analyzes this ongoing class action threat and discusses steps companies can take to minimize litigation exposure and manage risk.

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Outline

  1. Analysis of Song-Beverly Credit Card Act, “Shine the Light” law, and related California statutes
  2. Impact of consumer data protection laws on class action claims in California, Massachusetts and other states
  3. Strategies to minimize litigation exposure
  4. Strategies to maximize insurance coverage

Benefits

The panel will review these and other key questions:

  • What new laws has the state of California recently enacted to regulate the collection and protection of consumer personally identifiable information and what is the anticipated impact on class action litigation?
  • What other states have enacted statutes to protect consumer personally identifiable information?
  • What steps can companies take to minimize exposure to class actions for disclosing consumer personally identifiable information?
  • What type of insurance coverage best addresses this new risk and how can businesses maximize their existing coverage?

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

Faculty

Linda D. Kornfeld
Linda D. Kornfeld

Partner
Kasowitz Benson Torres & Friedman

Ms. Kornfeld has dedicated her trial and appellate practice to representing companies in high-stakes insurance...  |  Read More

Tracy D. Rezvani
Tracy D. Rezvani

Shareholder
Rezvani Volin & Rotbert

Ms. Rezvani’s practice focuses on the prosecution of class action and commercial litigation, primarily...  |  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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Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

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