Data Breach Litigation in the 2020 Landscape: Practical Tips and Strategies to Avoid the Pitfalls
With the fast-growing problem and increasingly sophisticated threats of cyber security and data breaches, litigation and other related cases continue to hound the landscape. These lawsuits have brought large numbers of damages to individuals and industries, such as consumers and financial institutions over the years.
Consequently, it is anticipated that regulation will continue to intensify, making it more crucial for companies to develop effective strategies in order to avoid the struggle of costly and risky litigation.
In this LIVE Webcast, a seasoned panel of thought leaders and professionals will provide the audience with an in-depth analysis of the recent data breach litigation developments. They will expose potential risks and threats commonly found during data transfers, they will also discuss the potential impact of the California Consumer Privacy Act on emerging rulings and will navigate the emerging split issues on legal standing requirements. Speakers will also present practical litigation strategies, as well as the increasing use of cyber insurance, in the continuously evolving legal landscape.
Some of the major topics that will be covered in this course are:
- Data Breach Litigation: Statistics
- Recent Trends and Developments
- The California Consumer Privacy Act
- Cyber Insurance
- Notable Court Rulings
- Legal Standing Requirements and Issues
- Identifying Risks and Pitfalls
- Practical Litigation Tips and Strategies
- What Lies Ahead
Carolyn Purwin Ryan, Partner
Cipriani & Werner, P.C.
- Current Litigation: How Circuits are Treating Proof of Damages and Expanding Notions of Harm
- Recent Cases to Watch: BIPA and NY Shield Impact
- Vendor Agreements: A Current Litigation Target
Jean M. Lawler, Certified Mediator
Lawler ADR Services, LLC
- Developments in Cyber Insurance Policies
- Claims and Lawsuits - Recent Trends
- Cyber Risks of Small Businesses and Professionals
- Risk Management
- Case Settlement After a Loss
Ashley Miller, Attorney
Alston & Bird LLP
- The standing divide: how the courts are splitting on issues of harm and Article III standing. This topic will touch on constitutional standing splits (among and within circuits).
- What difference does the type of plaintiff make to your argument strategy? Identifying the key differences between defending against consumer and financial institution claims, most notably related to the economic loss rule and how that doctrine is impacting financial institution claims.
- How the CCPA will change the litigation risk landscape, focusing specifically on the existence of a private right of action, the availability of statutory damages, and how other regulators might get involved.
Who Should Attend:
- Privacy Law Attorneys and Consultants
- Data Security Lawyers and Consultants
- Data Security Professionals
- Top Level Management
- In-house Counsel
Ms. Ryan is the co-chair of the Cybersecurity, Information Privacy and Data Security Team. Clients in the healthcare sector and other industries have become concerned about cybersecurity and privacy issues, breach preparedness and response. Ms. Ryan serves as a breach counsel to companies in various areas including health care institutions and providers, municipalities, professional services, retail, technology and financial institutions. She provides legal counsel and leads response investigations working with companies IT departments, forensics and vendors to advise on notification, guidance in governmental investigations, mitigation and restoration services. Ms. Ryan counsels clients on development of risk assessment policies, vendor agreement analysis and implementation of data privacy practices. She also aids clients in incident response planning, including table top exercises, assessment of regulatory compliance requirements and inquiries from regulators on both the state and federal levels, and represents clients in litigation focusing on data breaches and data security, information technology, technology failures, implementation of developed software, cloud computing related issues, and IT outsourcing agreements.
Ms. Ryan is the co-chair of the Cybersecurity, Information Privacy and Data Security Team. Clients in the healthcare sector and …
Ms. Lawler is an Attorney and Certified Mediator available to mediate matters in California and across the world. With decades of legal experience as a practicing lawyer and a reputation for excellence, Ms. Lawler has for years been recognized internationally for her expertise as one of the top insurance coverage and bad faith attorneys in the country. Ms. Lawler’s legal experience has been diverse and international - ranging from insurance coverage/bad faith, tort, business, professional liability and complex civil and commercial litigation, to evolving risks including data breach, cyber & privacy liability. She has a deep knowledge of the insurance industry, insurance policies and the risks they insure against and when in private practice represented North American, European, UK and Asian corporations, professionals, non-profits, individuals and insurers in a broad range of matters, at trial and on appeal. She served as Managing Partner of her former law firm and at times chaired the firm’s Insurance Law, Cyber & Privacy Law, International Law, and Business & Real Estate Transactions practice groups. She is a Past President of the FDCC and the Insuralex Global Insurance Lawyers Group (Chambers-Band 1) and a Fellow and Founding Regent of the American College of Coverage Counsel. She enjoys a high rate of success in getting even the most complex of cases settled.
Ms. Lawler is an Attorney and Certified Mediator available to mediate matters in California and across the world. With decades …
Ashley focuses her practice on complex commercial litigation, including privacy-related and data breach litigation. Before joining the firm, Ashley served as a law clerk to the Honorable Judge Eleanor L. Ross in the Northern District of Georgia and the Honorable Judge J. Randal Hall in the Southern District of Georgia. In those roles, she was involved in a number of civil and criminal proceedings. Ashley has also served as a judicial extern to the Honorable Judge Frank M. Hull of the Eleventh Circuit Court of Appeals and the Honorable Justice David E. Nahmias of the Georgia Supreme Court, and as a judicial intern to the Honorable Judge Timothy C. Batten, Sr. of the Northern District of Georgia.
Ashley focuses her practice on complex commercial litigation, including privacy-related and data breach litigation. Before joining the firm, Ashley served …
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Method of Presentation:
Experience in data breach and privacy litigation
NY Category of CLE Credit:
Areas of Professional Practice
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About Cipriani & Werner, P.C.
Cipriani & Werner is a multidisciplinary law firm with attorneys located throughout the Mid-Atlantic Region. With nearly 150 professionals in our 14 offices in 7 states and the District of Columbia, we are able to support the needs of our clients on both a local and regional basis. We have long been recognized as a firm that seeks first to understand the needs and interests of its clients. From that point forward our attorneys are able to deliver the results expected by our clients. In providing the highest level of legal services and achieving the results for our clients, we are governed by the highest level of integrity in our practice and our relationships. The approach to the practice of law that is found at Cipriani & Werner attracts and maintains long-term relationships with our clients and our attorneys.
About Lawler ADR Services, LLC
Based in Southern CA and available to provide ADR services worldwide, Lawler ADR Services (LADR) was founded by attorney Jean Lawler in 2017 as she transitioned from having spent 37+ years as a lawyer in private practice to a practice focused on providing dispute resolution services for civil and commercial litigation. With a primary focus on mediation services, Ms. Lawler helps Attorneys and Parties simplify and resolve Complex Insurance, Professional Liability, Tort and Business Litigation by finding SOLUTIONS that bring RESOLUTION and CLOSURE so that the Parties can get on with their businesses and lives unencumbered by the uncertainties, risks and expense of litigation.
About Alston & Bird LLP
Alston & Bird is a leading national law firm whose core practice areas are intellectual property, complex litigation, corporate, and tax, with national industry focuses that include financial services, technology, health care, manufacturing, life sciences and energy. The firm has built a reputation as one of the country’s best employers, appearing on Fortune magazine’s ranking of the “100 Best Companies to Work For” list for 20 consecutive years, an unprecedented accomplishment among law firms in the United States. The firm has offices in Atlanta, Beijing, Brussels, Charlotte, Dallas, London, Los Angeles, New York, Raleigh, San Francisco, Silicon Valley, and Washington, D.C.