Developments in Data Breach Law: Seeking Redress for Data Breach Victims

Data breaches have become increasingly prevalent over the past several years. According to the Identity Theft Resource Center, U.S. companies and government agencies suffered a record 1,093 data breaches last year, a 40% increase from 2015. Victims, particularly those of targeted breaches, are highly susceptible to future incidents of identity theft and financial fraud, and often incur various pecuniary injuries in order to mitigate further harms. Fortunately, employees and consumers—who are most often the victims of data breaches—can seek redress for exposure of their personal and confidential information in state and federal courts. Presenters Jeremiah Frei-Pearson and Chantal Khalil will discuss the developments in data breach law and will provide best practices for those litigating on behalf of breach victims.

Learning Objectives:

1. Become familiar with data breach terminology
2. Understand common injuries sustained by breach victims
3. Discuss legal issues facing data breach victim litigants
4. Develop best practices for establishing Article III standing
5. Survey recent cases and decisions in litigation to recover damages arising out of data breaches
6. Review recent developments in state data privacy and protection laws