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


Created on August 28, 2018




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

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