Statutory Damages in Class Litigation: Significant Issues for 2017 & Beyond
Typically without regard to the actual harm suffered by a plaintiff, statutory damages are damages whose amount is set by law. While statutory damages give plaintiffs a procedural advantage, they have become a multiplier of liability for defendants. Class actions claiming statutory damages and brought under consumer protection statuses can result to persistent and troublesome threats for various businesses and can signify significant exposure to a huge range of cases. Consumer protection statutes can result to the prohibition of certain types of business conduct and enforcement of affirmative duties on the target businesses which frequently include disclosure requirements to consumers.
Companies should keep themselves abreast of the various issues and developments concerning Statutory Damages in Class Litigation to be able to establish effective defense strategies and avoid potential risks and pitfalls.
The Knowledge Group has assembled a panel of key thought leaders and practitioners to discuss and analyze the various issues surrounding Statutory Damages in Class Litigation. The panel of speakers will also provide an in-depth discussion of the notable cases, developments, best strategies in handling the judicial remedy, and recent trends that parties in class litigation should watch out for in 2017 and beyond.
Key topics include:
- Statutory Damages Actions – Recent Trends
- Implications to Plaintiffs and Defendants
- Proposed Remedial Legislation and Rule Amendments
- Notable Court Decisions in Spokeo, Inc. v. Robins
- Post-Spokeo Judicial Analysis
- Effective Defense Strategies
- Judicial Outlook
Michael P. Daly, Partner
Drinker Biddle & Reath LLP
- Background: The rise of “no injury” class actions
- Standing: Mootness, concrete harm, and traceability
- Superiority: The inferiority of the “no injury” class action
- Due Process: Constitutional limits on certification and statutory damages
- Proposed Remedial Legislation and Rule Amendments
Barry Goheen, Partner
King & Spalding
- No injury class actions
- Standing trends in data breach class actions
- Standing trends under Federal statutory claims (i.e. FCRA, FDCPA, RESPA, etc.)
- Standing/Spokeo challenges to state statutory claims
David A. Coulson, Shareholder
Co-Chair, Litigation Practice
- Spokeo, Inc. v. Robins, 135 S. Ct. 1540 (2016), and post-Spokeo judicial analysis of standing.
- Conflicting Circuit Court decisions on ascertainability; impact on statutory damages class litigation.
- Will there be a roll-back of consumer “gotcha” statutes under the Trump administration?
- The “certainly impending” standard for standing in data breach cases.
Who Should Attend:
- Attorneys defending class actions
- Corporate Counsel
- In-house lawyers
- Arbitration Law Attorneys
- Litigation Officers
- Litigation Attorneys
- Senior Counsel
Barry Goheen is a partner in King & Spalding’s Litigation Practice Group, and leads the firm’s privacy litigation practice. He focuses on consumer class actions and data breach and privacy litigation. He has been lead or co-counsel in dozens of class actions and individual cases in all aspects of privacy-related litigation, including actions arising from data breaches, employee background screening, and consumer credit/identity theft such as the Telephone Consumer Protection Act, the Fair Credit Reporting Act and its Fair and Accurate Credit Transactions Act amendment, and the Equal Credit Opportunity Act.
Mr. Goheen has served as lead or co-counsel in over 25 privacy-based class actions in state and federal courts, including over 20 class actions against consumer reporting agency alleging violations of Fair Credit Reporting Act, representing such clients as SunTrust Banks, Shell, Countrywide, Equifax, Bank of America, and Capital One.
Barry Goheen is a partner in King & Spalding’s Litigation Practice Group, and leads the firm’s privacy litigation practice. He …
Michael's practice focuses on class action litigation, appellate litigation, and customer facing contracts and marketing. He is the senior editor of the firm’s TCPA Blog and is a member of the firm’s Class Action team, TCPA team, and Energy Industry Steering Committee.
Michael defends consumer class actions involving issues such as advertising, labeling, billing, telemarketing, credit reporting and debt collecting. He counsels clients on all aspects of class actions, including removing actions, compelling arbitration, enforcing class action waivers, coordinating multidistrict litigation, enjoining parallel proceedings, striking class action allegations, opposing certification, negotiating settlements, designing notice and claims programs, and defending settlements from objections and attacks. He often writes and speaks about class actions and served as the Chair of the Planning Committee for the American Law Institute’s Forum on Class Actions and Aggregate Litigation.
Michael's practice focuses on class action litigation, appellate litigation, and customer facing contracts and marketing. He is the senior editor …
David Coulson focuses his practice on complex commercial litigation and product liability actions. David, was described by Chambers USA as an "experienced and talented commercial litigation specialist" who receives praise for his "excellent courtroom manner" and is "highlighted by sources for his 'analytical ability and knowledge of class action litigation.'” In Florida and other jurisdictions, David has extensive experience successfully defending corporations in class action lawsuits, including trying a bet-the-company class action to a defense verdict. Recently, David defeated a motion to certify a consumer class alleging product defects against a manufacturer, after which he was recognized by the Miami Daily Business Review as the 2016 Most Effective Lawyer for Class Action Litigation. David is a graduate of the University of Miami and Harvard Law School.
David Coulson focuses his practice on complex commercial litigation and product liability actions. David, was described by Chambers USA as …
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About King & Spalding
King & Spalding’s Data, Privacy & Security Practice includes more than 50 lawyers in offices across the United States, Europe and the Middle East. Its team applies a multidisciplinary approach to the myriad statutory and regulatory requirements businesses face when handling—either in gathering, managing, securing, transferring, sharing, selling or disposing of—personal and other sensitive information concerning individuals such as employees, consumers, customers, or patients, in the U.S. and globally. This often entails assisting clients in responding to data security breaches, complying with security breach notice laws, avoiding potential litigation arising out of internal and external data security breaches, and, as necessary, defending litigation.
About Drinker Biddle & Reath LLP
Drinker Biddle & Reath LLP is a national law firm with more than 600 lawyers in 11 offices that represent clients in a broad spectrum of industries. The firms offer a comprehensive range of traditional practices and significant national practices in class actions, products liability and mass torts, corporate and securities, government relations, healthcare, intellectual property, insurance, investment management, private equity, bankruptcy, real estate, energy, environmental, education and communications.
About Greenberg Traurig
Greenberg Traurig, LLP is an international, multi-practice law firm with approximately 2,000 attorneys serving clients from 38 offices in the United States, Latin America, Europe, Asia, and the Middle East. The firm is No. 1 on the 2015 Law360 Most Charitable Firms list, second largest in the U.S. on the 2016 Law360 400, Top 20 on the 2015 Am Law Global 100, and among the 2015 BTI Brand Elite. More information at: www.gtlaw.com.