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Class Actions: Geolocation and Biometric Information Privacy Litigation and Legislation

(69 reviews)

Produced on July 25, 2019

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Course Information

Time 62 minutes
Difficulty Intermediate

Course Description

Join Drinker Biddle’s Class Action Team Vice Chairs, Michael Daly and Justin Kay, for a deep dive into privacy litigation and legislation pertaining to geolocation and biometric information. In this program, Daly and Kay will break down what qualifies as geolocation and biometric information, major consumer privacy issues, and existing consumer privacy statutes in various states, from those that are most to least restrictive. They will also address San Francisco’s November 2018 Ballot Initiative, “Privacy First Policy,” that was approved by voters this fall. Additionally, they will address cases such as In Re Facebook and Rivera v. Google, among others.


Learning Objectives:

  1. Recognize the federal, state, and local laws that regulate the collection, use, and storage of geolocation and biometric information
  2. Identify what the laws require regarding both
  3. Address the current litigation landscape

Credit Information

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Faculty

Michael P. Daly

Drinker Biddle & Reath LLP

Michael P. Daly defends class actions and other complex litigation matters, handles appeals in federal and state courts across the country, and counsels clients on maximizing the defensibility of their marketing and enforceability of their contracts. A recognized authority on class action and consumer protection litigation, he often speaks, comments, and writes on recent decisions and developments in the class action arena. 

Class Action Litigation. Michael regularly defends putative class actions involving issues such as advertising, labeling, privacy, telemarketing, billing, credit reporting, and debt collecting. He has extensive experience defending claims under the Telephone Consumer Protection Act, the Fair Credit Reporting Act, the New Jersey Truth-In-Consumer Contract, Warranty and Notice Act, and other federal and state consumer protection statutes. He routinely counsels clients on issues such as removing actions, compelling arbitration, enforcing class action waivers, coordinating multidistrict litigation, enjoining parallel proceedings, striking class allegations, opposing certification, negotiating settlements, designing notice and claims programs, and defending settlements from objections and attacks.

Appellate Litigation. Michael handles appellate matters in federal and state courts across the country, including amicus briefing in appellate and administrative proceedings. His work has resulted in rulings denying class certification, enforcing arbitration agreements, denying petitions to amend administrative rules to permit class actions, entering judgment notwithstanding a design defect verdict, absolving a manufacturer of successor liability, enforcing an exclusion of liability in an asset purchase agreement, and ordering new trials on damages and statute of limitations defenses, among others.

Consumer Contracts and Marketing. Michael routinely counsels clients on maximizing the defensibility of their marketing and the enforceability of their consumer contracts and dispute-resolution programs. A founder of Drinker Biddle & Reath’s TCPA team and the senior editor of its TCPA Blog, he provides practical advice on best practices for mitigating risk from contracting with and marketing to consumers. 

Public Interest Litigation. Committed to public service and civic participation, Michael has spearheaded matters meant to prevent racial discrimination, protect the rights of the disabled and incarcerated, prohibit the use of unverifiable voting systems, and preclude the misuse of our laws and abuse of our civil justice system. One of his most recent public interest engagements resulted in a landmark settlement that put an end to decades of discrimination by administrative agencies that had refused to make important information about public benefits programs available in alternative formats that were accessible to the blind and visually impaired. 

In General. Michael was a managing editor of the Villanova Law Review, a recipient of the Steven P. Frankino Distinguished Service Award, and a legal intern for the Hon. Dolores K. Sloviter of the U.S. Court of Appeals for the Third Circuit. He joined Drinker Biddle & Reath following a clerkship with the late Hon. James M. Kelly of the U.S. District Court for the Eastern District of Pennsylvania.



Justin O. Kay

Drinker Biddle & Reath LLP

Justin O. Kay focuses on defending complex civil matters in federal court, state court, and before federal agencies. He is a regular contributor to the TCPA blog, a defense-oriented resource analyzing TCPA-related litigation and regulatory developments. Justin is a vice chair of the firm’s Class Actions Team, a member of the TCPA Team, and chair of the firm-wide National Hiring Committee, which oversees the recruiting and hiring of associates.

Prior to his legal career, Justin served as an Intelligence Officer for the Department of Defense’s National Geospatial Intelligence Agency.



Reviews

JC
June C.

Excellent

JK
Jeffrey K.

Interesting, relevant, good speakers.

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