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Developments in Privacy and Data Breach Law: Seeking Redress in an Evolving Legal Landscape

(628 reviews)

Produced on August 28, 2018

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Course Information

Time 1h
Difficulty Intermediate
Topics covered in this course: Privacy & Cybersecurity

Course Description

Data breaches have received increased attention over the past several years as they have become increasingly prevalent and have come to impact a large segment of the population. According to the Identity Theft Resource Center, U.S. companies and government agencies suffered a new record high of 1,579 breaches in 2017, a 44.7% increase from 2016. 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, the increased attention to data privacy has led to a rapidly evolving legal landscape, such that 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 Andrew White will discuss the developments in privacy and 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. Review 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. Examine the latest developments in state data privacy and protection laws

Credit Information

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Jeremiah Frei-Pearson

Finkelstein, Blankinship, Frei-Pearson & Garber, LLP

Jeremiah Frei-Pearson is a founding partner of Finkelstein, Blankinship, Frei-Pearson & Garber. He is a passionate advocate and an experienced litigator who represents consumers and employees in complex class actions.  As a result of the victories he has won for his clients, the National Trial Lawyers Association selected Mr. Frei-Pearson as a member of the Top 100 Trial Lawyers from 2014 to 2018.  Mr. Frei-Pearson is a member of the Best Attorneys of America, a distinction that is limited to less than 1% of attorneys, and he is also designated as Super Lawyer, a distinction awarded to only 5% of the New York Metro Area.  Mr. Frei-Pearson practices in federal and state courts throughout the country and his areas of expertise include class actions, privacy, consumer fraud, employment law, and civil rights.

Prior to joining the Firm, Mr. Frei-Pearson was an associate with Kaye Scholer LLP, a multinational law firm, and a staff attorney with Children’s Rights, a national public interest law firm representing children in foster care in class action reform lawsuits.  Mr. Frei-Pearson received his B.A. from Skidmore College, Magna Cum Laude, Phi Beta Kappa in 2000 and he earned his J.D. in 2003 from Stanford Law School.  While in law school, Mr. Frei-Pearson was a Public Interest Fellow and served as Senior Symposium Editor of the Stanford Law & Policy Review.

A sampling of Mr. Frei-Pearson’s significant cases includes:

  • Appointed co-class counsel in Saint Joseph Health System Medical Information Cases, JCCP No. 4716 (Cal. Sup. Ct.).  The Court denied Saint Joseph’s demurrer and the Court of Appeals upheld that ruling.  After more than two years of litigation, the Court granted Plaintiffs’ motion to certify a class of approximately 31,802 data breach victims.  On January 14, 2015, the Court denied Saint Joseph’s motion for summary judgment.  The Court of Appeals upheld the Court’s summary judgment and class certification decisions.  The case was set for trial on August 24, 2015, but the parties reached a settlement valued at approximately $39 million, which the Court finally approved on February 3, 2016.  This settlement provides the more money per capita to individual class members than any other known data breach settlement on record.

  • Appointed co-lead class counsel in Castillo v. Seagate Technology LLC, No. 16-02136 (N.D. Cal.).  Class action on behalf of over 12,000 individuals victimized by a data breach.  On September 19, 2016, the Court denied Seagate’s motion to dismiss in part.  On October 19, 2017, the Court granted preliminary approval of the settlement agreement valued at up to $42 million.

  • Appointed class counsel in Sackin v. Transperfect Global, Inc., No.  17-1469 (S.D.N.Y. 2017).  Class action on behalf of over 4,000 individuals victimized by a data breach.  On June 15, 2017, the Court entirely denied Transperfect’s motion to dismiss.  On March 13, 2018, the Court preliminarily approved a settlement valued at over $40 million.

  • Appointed co-class counsel in Reed v. Friendly’s Ice Cream, LLC, No. 15-cv-00298 (M.D. Pa.).  The Court denied motions to dismiss and ruled for plaintiffs on several other motions in this wage and hour class action.  On January 31, 2017, the Court certified the class, appointed an FBFG lawyer as co-lead class counsel and finally approved a settlement valued at over $4.6 million.

  • Appointed co-class counsel in Al Fata v. Pizza Hut of America, Inc., No. 14-cv-376 (M.D. Fla.).  The Court denied defendant’s motion to compel arbitration.  While Plaintiffs’ class certification motion was sub judice, the parties reached a class settlement on behalf of a Florida class of delivery drivers alleging minimum wage violations.  The Court granted final approval of the settlement, which is valued at $3.1 million, on June 21, 2017.

  • Appointed class counsel in Hanna v. CFL Pizza, LLC, No. 05-2011-CA-52949 (Fl. Cir. Court).  On September 3, 2013, the Court granted final approval of a settlement that created a substantial settlement fund for under-reimbursed Pizza Hut franchisee delivery drivers who alleged violations of Florida minimum wage law.

  • Appointed co-class counsel in Bellaspica v. PJPA, LLC, No. 13-3014 (E.D. Pa.).  On June 22, 2016, the Court granted final approval of a FLSA collective action settlement, providing a settlement fund for under-reimbursed Papa John’s franchisee pizza delivery drivers.

  • Appointed class counsel in Yoeckel v. Marriott, No. 703387 (Queens Cty. Com. Div.).  Class action alleging that Marriott violated New York wage and hour laws.  On May 3, 2017, the Court certified a class and finally approved a settlement that provided class members with 100% of their maximum compensatory damages alleged.

  • Appointed co-class counsel in Miller v. Fresh, No. 14-0880 (Mass. Suffolk Cty.).  State-wide class action alleging that Fresh unlawfully collected consumers’ personal identification information.  On July 15, 2015 the Court certified a class and granted final approval to a settlement.

  • Appointed co-class counsel in Miller v. Patagonia, No. 14-0888 (Mass. Suffolk Cty.).  State-wide class action alleging that Patagonia unlawfully collected consumers’ personal identification information.  On February 9, 2015 the Court certified a class and granted final approval to a settlement.

  • Counsel to the Plaintiffs in D.G. ex rel. Stricklin v. Henry, No. 08-cv-074 (N.D. Okl.).  In this class action to reform Oklahoma’s foster care system, the Court certified a statewide class of Oklahoma’s foster children (an opinion that was affirmed by the Tenth Circuit).  As a result of this litigation, Oklahoma has committed to restructuring its state foster care agency to eliminate dangerous practices (such as an unsafe shelter where babies in state custody disproportionately suffered fractured skulls), and improve measurable outcomes for children in state custody.

  • As counsel in Charlie and Nadine H. v. Christie, No. 99-3678 (D.N.J.), worked with the state agencies, a federally appointed monitor, and the Court to help ensure implementation of a consent decree to reform New Jersey’s foster care system.  Among many other significant achievements under the consent decree, New Jersey broke a record for adoptions achieved, significantly reformed supervision procedures that were inadequate, and substantially increased the percentage of foster children who subsequently attended college.  Mr. Frei-Pearson continues to be involved in this litigation in a pro bono capacity.

Mr. Frei-Pearson has received numerous awards for his legal work, including the New York City Bar Association’s Thurgood Marshall Award for his work on death penalty cases, a citation from the New York City Council for his child advocacy work, and the 2010 Palomountain Award from Skidmore College.  Mr. Frei-Pearson is also active in his community; he is a district leader in White Plains, where he serves as Chair of the Mayor’s Advisory Committee For People With Disabilities and he sits on the Board of Legal Services of the Hudson Valley.

Andrew White

Finkelstein, Blankinship, Frei-Pearson & Garber, LLP

Mr. White is an associate at Finkelstein, Blankinship, Frei-Pearson & Garber, LLP, where he specializes in class actions in state and federal courts. Mr. White received his J.D. from New York University School of Law and his B.A. from State University of New York, College at Potsdam. During law school, Mr. White served as an editor for the Journal of Law and Liberty. Mr. White is admitted to practice in New York and the United States District Courts for the Southern and Western Districts of New York.


leigh p.

Very interesting. Good updates of law

Richard T.

Very detailed and highly informative presentation.

Amy B.

Highly recommend! Interesting, practical advice, smoothly presented. Excellent case law review. My #1 pick for fulfilling the FL Bar “technology” requirement.

Sherie C.

great review of the current law

Judith J.

the material presented was very interesting in general

Cynthia A.


Matthew W.


Adriana P.

Great presentation on the topic.

Kristin R.

Knowledgeable presenters. Good insight.

Stephen A.

Very good presentation.

John H.


David F.

great presenters

Cullen M.

Enjoyed the informal conversational tone. Repeated reference to how the court rulings were mostly common sense. Enjoyable and informative presentation.

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