Data Breach Class Action Litigation on the Rise: Winning Strategies
Recording Available: Friday, July 31, 2020
Data breaches in the U.S. have shown no signs of slowing down in the last several years, neither have the wave of class action cases associated with these. Recent breaches include some of the largest companies such as LifeLabs, Yahoo, Equifax, and Google LLC. Such breaches, as well as the infringements incorporated with it, can impose tremendous burdens on banks and credit card companies that have to respond to a flood of fraud claims and canceled cards.
Although not every data breach leads to litigation, the massive, high-profile ones typically do and targeted companies are left to settle costly cases and damages. As the stakes continue to escalate, businesses must always be prepared – winning defense strategies are a must.
In this LIVE Webcast, a seasoned panel of thought leaders and professionals brought together by The Knowledge Group will provide the audience with an in-depth analysis of the recent data breach class action litigations. Speakers will also present winning strategies to use for an aggressive defense while mitigating possible risks and pitfalls.
- Data Breach Class Action Litigation – An Overview
- Trends and Developments
- Recent Data Breach Lawsuits
- Potential Risks and Pitfalls
- Winning Strategies
Stites & Harbison, PLLC
1) Update on recent data breach class action decisions. We’ll do a quick recap of recent notable decisions (both those addressing merits issues and those addressing class certification), as well as noteworthy settlements and case filings.
2) Standing. The question of standing continues to be a crucial one in data breach cases, particularly when it comes to showing a constitutional injury. What kinds of data breaches can even cause an actionable injury at all? Especially with so many data breaches occurring, how feasible is it to trace an injury to a particular breach? Do courts even worry about such tracing…or should they?
3) Potential impact of the California Consumer Protection Act on data breach class actions…it’s not just a concern for Californians!
4) Certifying a data breach class action…how it can be done, and how to avoid it.
- Assessing the breach and the response by the company
- Evaluating potential damages and how CCPA will change the landscape
- Best practices for companies to mitigate risks of future data breaches
Heffler Claims Group LLC
- Protecting settlement and class member data during administration.
- Preparing for class members in a tense and emotional scenario during the claims period.
- Reaching class members (post office challenges depending on class demographics)
- Can your administrator prove data security measures if the judge asks for them?
Who Should Attend:
- Privacy Law and Data Security Lawyers and Consultants
- Class Action Lawyers
- IT Security Professionals
- General Counsel
- Top Level Management
Chad McTighe is the Louisville Office Leader of the Business Litigation Service Group. He advises and represents clients in a wide range of business and commercial litigation matters, including extensive practice in class action litigation, shareholder and membership disputes, real estate litigation, data breaches, and fiduciary duty litigation. He represents clients in various industries, including oil and gas, tax liens, insurance, financial institutions, health care, and many others. He has practiced in a number of state and federal courts and has successfully argued multiple issues of first impression resulting in published appellate decisions. His accolades include: Martindale-Hubbell® (AV-Preeminent® rating), Super Lawyers, Benchmark Litigation’s Future Star, and Global Award as Class Action Adviser of the Year – USA in 2014.
Chad McTighe is the Louisville Office Leader of the Business Litigation Service Group. He advises and represents clients in a …
Mr. Yenikomshian specializes in data analysis and economic modeling, and has consulted on economic and strategic issues to companies in a variety of industries, including cybersecurity. He has supported experts in data breach class actions by evaluating the defendants’ data security controls as part of the liability assessment. He has also calculated damages in a variety of consumer class action cases. Mr. Yenikomshian has served as a testifying expert in a criminal matter, provided critiques of data and analytical methodologies in support of rebuttal testimony, and assisted attorneys with discovery, cross-examination strategy, and settlement negotiations. He has also developed interactive software tools to help clients make strategic decisions. Mr. Yenikomshian is a member of the American Bar Association and serves as co-chair of its Big Data Committee and Data Science Working Group, and as vice chair of its AI and Robotics Committee.
Mr. Yenikomshian specializes in data analysis and economic modeling, and has consulted on economic and strategic issues to companies in …
David (Dave) Kaufman is a Senior Director at Heffler Claims Group and has spent his entire career in the legal field, consulting with clients to develop innovative class action settlement solutions in the areas of data breach, consumer, securities, antitrust, and insurance. Drawing from over 20 years of experience in the legal services industry, Dave specializes in pre-settlement consultation and aiding clients through the mediation process. As a sought-after professional, Dave has had a hand in both large and small settlements, including complex privacy and data breach cases. Dave also participated in one of the largest international securities cases. Dave’s experience and specialization in the legal industry contributes to his ability to identify efficiencies in even the most complex settlements.
David (Dave) Kaufman is a Senior Director at Heffler Claims Group and has spent his entire career in the legal …
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Method of Presentation:
General knowledge of data breach litigation
NY Category of CLE Credit:
Areas of Professional Practice
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About Stites & Harbison, PLLC
A full-service law firm representing clients across the United States and internationally, Stites & Harbison, PLLC is known as a preeminent firm managing sophisticated transactions, challenging litigation, and complex regulatory matters on a daily basis. The firm represents a broad spectrum of clients including multinational corporations, financial institutions, pharmaceutical companies, health care organizations, manufacturers, private companies, nonprofit organizations, family-owned businesses, and individuals. Tracing its origins to 1832, Stites & Harbison is one of the oldest law practices in the nation.
Stites & Harbison has 10 offices across five states — Georgia, Indiana, Kentucky, Tennessee, and Virginia. The firm’s attorneys are currently admitted to practice in 19 states and the District of Columbia.
About Analysis Group
Analysis Group is one of the largest international economics consulting firms, with more than 1,000 professionals across 14 offices in North America, Europe, and Asia. Since 1981, we have provided expertise in economics, finance, health care analytics, and strategy to top law firms, Fortune Global 500 companies, and government agencies worldwide. Our internal experts, together with our network of affiliated experts from academia, industry, and government, offer our clients exceptional breadth and depth of expertise.
About Heffler Claims Group LLC
Heffler Claims Group (Heffler), a division of global advisor, Duff & Phelps, is a national leader in class action settlement administration, having specialized in the notice and administration of complex legal matters for more than 50 years. Together with Prime Clerk, the leading bankruptcy claims and noticing agent and another Duff & Phelps company, we offer the most comprehensive administrative services in the industry. As a member of the Duff & Phelps family of companies, we have nearly 4,000 professionals in 25 countries around the world and provide our clients with world-class IT, cybersecurity, and global notification and administration capabilities for class action claims administration including Consumer, Antitrust, Securities, Data Breach, and Mass Tort matters.