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Data Breach 101: What Companies Should Know About Defending Data Breach Class Action Lawsuits

(1060 Ratings)

Produced on: August 12, 2015

Course Format On Demand Audio

Taught by


Course Description

Time 61 minutes
Difficulty Beginner

While many predicted that the 2013 United States Supreme Court decision Clapper v. Amnesty International would sound the death knell for consumer data breach class actions because most plaintiffs could not establish standing in federal court, recent headlines and the sheer volume of cases filed demonstrate that this has not been the case.  While Clapper still provides an arrow in the quiver of companies defending these types of class actions, plaintiffs’ counsel continue to come up with new and creative ways to move these cases past the motion to dismiss stage and towards every company’s worst nightmare - class certification.


Attorneys from DLA Piper LLP (US), Mike Piazza and Monica D. Scott, explain how companies can still use Clapper to prevent data breach class actions from getting off the ground as well as the latest developments in defeating class certification. Additionally, Mr. Piazza and Ms. Scott discuss what companies need to know about breach notification laws as well as investigations from regulatory bodies that can result in significant fines rivaling class action settlements in this area.


Learning Objectives:

I.     Understand the different ways in which data breaches can happen

II.    Comprehend the various theories of liability, both federal and state, on which data breach class actions are based

III.   Grasp  the significance and impact of Clapper v. Amnesty International and other recent case law impacting a plaintiff’s ability to bring a data breach class action

IV.  Identify the hurdles plaintiffs face when certifying data breach class actions






Mike Piazza

DLA Piper

Mike Piazza focuses on securities and white collar litigation, business litigation and complex commercial litigation. Previously, he was the Regional Trial Counsel for the Pacific Regional Office of the Securities and Exchange Commission.


He regularly handles the defense of individuals and companies faced with allegations of wrongdoing asserted by US regulators (SEC, CFTC, FTC), the US Department of Justice, state attorneys general and foreign regulators. He is experienced with internal SEC procedures and enforcement policies, including those concerning the Foreign Corrupt Practices Act and Dodd Frank whistleblower provisions.


Mike has wide-ranging securities and white collar litigation experience. He was the lead SEC trial attorney in the Commission’s civil lawsuit against ex-Gemstar CEO Henry Yuen, which resulted in one of the largest civil penalties ever obtained at trial against an individual. In that case, the court found Yuen liable for masterminding a massive accounting fraud at the company and ordered that he pay $22.3 million for securities law violations. Mike was also lead SEC trial counsel in a case against a rogue hedge fund operator. After a four-week jury trial in Dallas, he obtained a verdict against the investment advisor on multiple counts of securities fraud. During his time in the Los Angeles SEC office, Mike also was lead trial counsel on other major SEC cases.

Monica D. Scott

DLA Piper

Monica Scott is a Certified Information Privacy Professional (CIPP/US) and is a member of the Firm's Class Action Litigation Group. Monica focuses her practice on complex commercial litigation with an emphasis on privacy issues.


Monica has successfully represented clients in many types of areas, including consumer class actions, privacy rights and call recording class actions, labor and employment class actions, franchise, products liability, securities, as well as unfair competition and related business torts.


Related Services

  • Litigation, Arbitration and Investigations


Language Spoken

  • German




Representative Matters

  • Multiple national companies in class actions alleging violations of the Telephone Consumer Protection Act
  • Several international banks and credit card companies in California call-recording class actions
  • Second-chaired a four-day jury trial on behalf of a corporate plaintiff on claims for conversion and breach of contract, and thereafter obtained a finding of fraud and punitive damages against the defendant
  • The former CFO of a multibillion-dollar public company, as part of the DLA Piper litigation and trial team, in SEC civil litigation
  • A national electronics provider in a California consumer class action lawsuit
  • A national janitorial franchise company in a wage and hour class action suit
  • A national terminal operator and stevedore in a wage and hour class action lawsuit
  • A national motorcycle manufacturer in a consumer class action lawsuit





  • California

Prior Experience

During law school, Monica served as a judicial extern to the Honorable A. Wallace Tashima of the US Court of Appeals for the Ninth Circuit as well as a Managing Editor of the UCLA Law Review.



  • J.D., University of California at Los Angeles School of Law 2009
  • Managing Editor, UCLA Law Review
  • B.A., Philosophy/German, University of California, Los Angeles 2004



  • International Association of Privacy Professionals (IAPP) 
  • Los Angeles County Bar Association 
  • Women Lawyers Association of Los Angeles



Andrew B.

This is a great privacy class action primer!

Vasiliki N.

Interesting issues on standing with good speakers in an evolving area of law.

Shaun S.

well organized and presented

Iris G.

Great presentation.

Daniel S.

Good presentation and outline of the issues.

Eric H.

very informative

David R.


William R.

Well done

Baldemar C.

great overview of subject matter, looking at the standing cases for outcome.

Susan R.


Roger W.

Interesting presentation on a current topic.


I have completed substantial and on going document review in class Action discovery. This was an excellent current refresher and update for me.

gary d.

Good content. Good information to know in today' world.

Timothy N.


Mary Jo C.

This was an interesting presentation.

C Robert B.

Very professionally done.

Tom D.

Helpful presentation.

Thomas C.

Thank you.

reuben c.


Robert G.

Very informative. I learned a lot. Would definitely recommend to all.

Samantha G.

Enjoyed detailed case studies.

Suuzen Ty A.

very detailed explanation of class actions - quite good to know

Rodney E.

Interesting. Good analyses by speakers.

Sol I.

Solid program.

Majel B.

Great presentation!

stephen p.

Monica.. uhmmmm, ahhhs, lip smacking very distracting content was great info..

Kathleen S.

Great written materials helped immensely.

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