Data Breach 101: What Companies Should Know About Defending Data Breach Class Action Lawsuits
1h 1m
Created on August 12, 2015
Beginner
Overview
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
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