Measuring Class Damages for Misappropriation of Health and Other Private Data

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

Thursday, June 10, 2021

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

Early Registration Discount Deadline, Friday, May 14, 2021

or call 1-800-926-7926

This CLE webinar will discuss potential economic approaches and challenges to valuing, in class actions, alleged unconsented use or misappropriation of telehealth and other private data. The panel will discuss damages theories involving quantitative measures, unjust enrichment, actual fraud costs, monitoring and other types of damages, and how the kind of damages asserted may impact certification.


Class action litigation related to data privacy and data breaches in the healthcare industry should increase due to changes during 2020 on healthcare delivery and public health management. Attorneys filing the class actions and those defending them struggle over agreeing on that data's value.

Academic research does not offer a satisfactory way to value health and private data. Survey-based, quantitative methods typically used to generate an "average" value that can be extrapolated to the putative class do not produce uniform results and present certification problems.

Relying on the revenues and profits generated by using private data without authorization does not reflect its value to the data owners, account for any enhancements, or identify profits that arise from alleged data misuse. Plaintiffs often pursue actual fraud costs, but it is difficult to establish a nexus between fraudulent activity and a particular data breach.

Listen as this experienced panel discusses the challenges associated with various approaches to valuing alleged unconsented use or misappropriation of health and other private data generated during this health crisis.



  1. Overview of data concerns arising from telehealth services
  2. Potential economic approaches to valuing unconsented use of private health data
    1. The intrinsic value of privacy
    2. Unjust enrichment theories
    3. Actual fraud costs
    4. Risk of future loss
  3. Potential issues with certification posed by various methods


The panel will review these and other key issues:

  • How do claims alleging breach of privacy differ from claims about data breaches?
  • Is there an intrinsic value to privacy?
  • What is the privacy paradox, and how does it impact the valuation of privacy?
  • What are the current methods of valuing nonconsensual use of private data?


Altuglu, Vildan
Dr. Vildan Altuglu

Vice President
Cornerstone Research

Dr. Altuglu applies economic analysis and marketing research techniques to matters involving product liability, product...  |  Read More

Celmanbet, Omur
Dr. Omur Celmanbet

Cornerstone Research

Dr. Celmanbet specializes in applying economic analysis in matters related to antitrust, intellectual property, and...  |  Read More

Attend on June 10

Early Discount (through 05/14/21)

Cannot Attend June 10?

Early Discount (through 05/14/21)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. 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:

CLE On-Demand Video