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

(595 reviews)

Produced on August 28, 2018

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Course Information

Time 60 minutes
Difficulty Intermediate

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. Mr. Frei-Pearson is a member of the Top 100 Trial Lawyers and the Best Attorneys of America, and he is also designated as New York Metro Area Super Lawyer. 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. Among other achievements, he served as co-class counsel in Saint Joseph Health System Medical Information Cases, JCCP No. 4716 (Cal. Sup. Ct.), where he negotiated a settlement valued at approximately $39 million – the largest per capita settlement of known data breach settlements. Prior to founding FBFG, Mr. Frei-Pearson was an associate with Kaye Scholer LLP, a multinational law firm, a staff attorney with Children’s Rights, a national public interest law firm representing children in foster care in class action reform lawsuits, and an associate at a plaintiffs’ class action firm. Mr. Frei-Pearson graduated from Stanford Law School and Skidmore College.

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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