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Evaluation ViewAttendees 28

Tips for Defending Against Data Breach Litigation in the US and Abroad

Tuesday, July 9, 2024
7:30 AM - 8:30 AM PDT
Location: Pender Island
CLE: 1.0 Credit Hours
CLE/Business/General Meetings
A company that suffers a data breach must notify relevant regulatory authorities and all persons whose personal information or protected health information was disclosed. Plaintiffs lawyers monitor such notifications and reach out to all individuals who received a breach notification letter offering class representation. The class actions that follow include claims for negligence, negligence per se, breach of contract, breach of implied contract, invasion of privacy, violations of state unfair and deceptive trade practices act statutes, and violations of state privacy statutes, among others. Hear from a panel of outside and in-house counsel on strategies to best position your clients for potential litigation.

Learning Objectives:

  • Learn about UK regulatory litigation, that is, about defending enforcement proceedings before the UK data protection authority. Learn about class action data breach litigation in the U.S., including developments in Article III standing and strategies for early disposition.
  • Develop your understanding of pre-litigation preparation for such proceedings, in particular regarding the instruction of forensic investigators, the scope of their reports, and the limits of privilege. Discussion will also include best practices for preserving work product privilege for forensic reports and considering the content of the breach notification letter as part of the defense strategy. (This takeaway will be comparative with the other jurisdictions being covered by the panel).
  • Develop your understanding of the role of document production and possible settlement discussion in proceedings before the UK data protection authority. Consider tips for developing facts favorable to the defense of U.S. class actions through discovery. (This takeaway will also be comparative with the other jurisdictions being covered by the panel, albeit that the proceedings under discussion in the other jurisdictions are generally before the courts and not regulators).