Cyber Security Litigation: What You Need to Know in 2016
Concerns about cyber security and data privacy have grown exponentially. With them have come the dramatically increased regulation and the inevitable litigation.
Potential liability for data breaches has emerged as a major issue of concern for corporations, with the massive cyber-attacks cropping up regularly. The recent trends in cyber security breaches and on how lawyers seek to capitalize on these breaches have been derivative actions on behalf of shareholders that will impact director and officer litigation in 2016. Two known examples are lawsuits involving the Target Corp. and the Wyndham Worldwide Corp. It is notable that majority of director and officer liability insurance policies don’t include cyber or data breach clauses.
Recent litigation trends call for new practices in mitigating risk exposure and protecting sensitive data. Companies and their counsel need to understand how to prevent intrusion and to detect and respond appropriately when it occurs.
In a two-hour LIVE CLE Webinar, The Knowledge Group has assembled a panel of key thought leaders and practitioners to provide an in-depth review discussion of Cyber Security Litigation. The panel of speakers will help the audience better understand the risks of cyber-attack and will address how to prevent, respond to, and manage the repair and associated costs.
Key topics include:
- Cyber Security Breaches
- Cyber Security Regulations
- Regulatory and Policy Developments
- Legislative Developments
- Breach Litigation Risks
- Putative Class Actions
- Privacy Law Claims
- Common Law Claims - Tort
- Litigation Outcomes - Standing, Class Certification, Cognizable Damages
- Security and Breach Risk Avoidance Methods
Gerry J. Elman, President
Elman Technology Law, P.C.
Theme: The threat of cyber-security litigation is rolling downhill, from the giants towards medium and small businesses. Here’s what you should pay attention to in 2016:
- The definition of “standing” (who can sue) is in flux.
- Legal requirements for businesses and professionals are getting more stringent (U.S. state and federal laws, rules of professional conduct)
- A widening variety of bad actors in cyberspace (from petty criminals to nation-states) are equipping themselves to inflict harm.
- Follow best practices to minimize risk from litigation or prevent it altogether, e.g. document that you minimize your attack surface.
- Seek cyber-insurance coverage tailored to your particular risks.
Christina H. Bost Seaton, Partner
- Plaintiffs for individuals who have had their Personally Identifiable Information (PII) stolen in a data breach have now successfully demonstrated damages that were sufficient for class certification, and obtained class certification.
- Companies who suffer a data breach may now be subject to aggressive litigation brought by financial institutions seeking reimbursement of funds paid out by those institutions to consumers in the wake of a data breach.
- Plaintiffs’ attorneys have become increasingly creative and successful in their attempts to create consumer claims arising from data breaches.
Iris Fischer, Partner
Blake, Cassels & Graydon LLP
- The Canadian privacy tort of “intrusion upon seclusion”
- Developments in Canadian data breach/privacy class actions
- Breach notification in Canada
Who Should Attend:
- Litigations Officers
- Litigation Support Specialist
- Chief Information Officers
- Chief Information Security Officers
- IT Officers
- IT Lawyers
- Privacy and Data Security Officers
- Privacy and Data Security Lawyers
- Technology Attorneys
- In-house Counsel
- Private and Public Companies
- Other Related/Interested Professionals and Organizations
Gerry Elman is president of Elman Technology Law, a boutique law firm in Media, PA, a suburb of Philadelphia. He generally advises on intellectual property and Internet business law, and helps clients minimize the financial and reputational risk that can result from a variety of cybersecurity breaches.
Gerry has served as an attorney for 48 years, in both public and private practice, and is a widely published author on technology and the law. He is listed in Super Lawyers and other prestigious legal directories, and since 1988 he has been profiled in each edition of Who’s Who in America.
He was one of the first lawyers to work with computers and online information technology and has long been an evangelist for cybersecurity. He has served as a Deputy Attorney General of Pennsylvania, and as a trial attorney with the U.S. Department of Justice, Antitrust Division.
Gerry taught Intellectual Property Management as a faculty member of the University of Phoenix when the company first established an “online campus.” He has science degrees from Stanford and the University of Chicago, and earned his law degree at Columbia.
Gerry Elman is president of Elman Technology Law, a boutique law firm in Media, PA, a suburb of Philadelphia. He …
Christina Bost Seaton is a business litigation lawyer with extensive experience litigating and counseling regarding complex commercial disputes. She has particular expertise in the areas of (1) restrictive covenants and trade secrets; (2) privacy and information security; and (3) whistleblowers. She regularly publishes and speaks on these topics.
Christina has wide-ranging substantive experience, including, but not limited to, securities fraud litigation, derivative litigation, accountant's liability cases, litigation involving real estate (REITs, private equity funds, commercial landlord-tenant, foreclosures, Yellowstone injunctions, zoning disputes), breach of contract litigation, qui tam cases, and employment law. She works closely with clients in all sectors, and has particular expertise with the banking, real estate, and retail sectors. She regularly appears in both state court and federal litigation, in both the trial level and appellate courts.
Christina Bost Seaton is a business litigation lawyer with extensive experience litigating and counseling regarding complex commercial disputes. She has …
Iris practices complex commercial and civil litigation and specializes in crisis response and reputation management. She has extensive experience advising clients on privacy, access to information, cybersecurity and defamation matters, as well as in the area of white collar crime and investigations, including foreign corrupt practices legislation. She has extensive court experience and has appeared in every level of court in Ontario, and has been counsel on leading defamation and access to information cases at the Supreme Court of Canada.
Iris practices complex commercial and civil litigation and specializes in crisis response and reputation management. She has extensive experience advising …
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About Elman Technology Law, P.C.
Elman Technology Law, P.C. lawyers advise clients on intellectual property and Internet-related business matters, helping them develop strategies to maximize their ability to leverage intellectual assets and protect the “crown jewels” of their businesses. With regard to cybersecurity, we help clients comply with state and federal laws and standards, to minimize risk of adverse results in litigation over the inevitable breach of cybersecurity.
As a boutique law practice in a suburb of Philadelphia, we can advise law firms on the ethical, legal and technical requirements for protecting confidential client information. With our guidance, they can thus reduce financial and professional exposure regarding loss of such information.
About FisherBroyles LLP
Founded in 2002, FisherBroyles LLP is the first and largest national, full-service, cloud-based law firm in the country. The Next Generation Law Firm® has grown to over 120 attorneys in 20 offices nationwide. The FisherBroyles model leverages technology to offer a more cost-effective solution to clients without sacrificing Big Law quality by eliminating unnecessary overhead that does not add value to clients. Visit our website at www.fisherbroyles.com to learn more about our firm’s unique approach and how we can best meet your needs.
About Blake, Cassels & Graydon LLP
The Blakes Cybersecurity group is a multidisciplinary team of lawyers with significant technology, regulatory, privacy, employment, financial services, crisis management and litigation expertise. We understand the complex, interrelated legal, technical and compliance issues involved in cybersecurity. Our experienced team advises clients at all points along the cyber-risk spectrum: from risk mitigation to incident response and dispute resolution.