Mitigating Cybersecurity Litigation Risks: Polices, Procedures, Service Providers, Notification, Damages
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Corporate Law
- event Date
Thursday, November 10, 2022
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will provide practical solutions for corporate counsel to mitigate potential cybersecurity class action risks. The panel will discuss how businesses should implement policies, procedures, and training to limit data security breaches and what steps companies can take with service providers to reduce the time between incident detection and notification. The panel will also address how damages can be limited in class action litigation.
Mr. Ballon is an intellectual property and internet litigator. He represents clients in copyright, DMCA, trademark, trade secret, right of publicity, privacy, security, software, database and internet- and mobile-related disputes and in the defense of data privacy, cybersecurity breach, adtech and behavioral advertising, TCPA and other internet-related class action suits. Mr. Ballon is the author of the five-volume legal treatise, E-Commerce and Internet Law: Treatise With Forms 2d Edition (West 2008 & 2022 Cum. Supp.)
Ms. Bryan is a data privacy and cybersecurity litigator experienced in the resolution of complex disputes. She has represented clients nationwide before state and federal trial and appellate courts and in arbitrations and mediations.
Equifax, Home Depot, Capital One, Uber, Morgan Stanley, and Yahoo! are just a handful of data breach victims resulting in class action litigation and settlements in the hundreds of millions of dollars.
Counsel must prepare to address a security incident and know best practices to minimize the risk of class action lawsuits and other liability exposure. While technical preventative issues are often outside a legal department's purview, updating policies, procedures, and training can help alleviate data security risks.
Several states, most notably California, have instituted privacy laws that provide potential causes of action beyond common law torts. Companies should be aware of the cross-compliance aspects of these various laws. Counsel should work to ensure that contracts with service providers have clear timelines and notification requirements in the event of an incident. Agreements with service providers with access to data should address damages.
Companies must also review the issues with class certification. In 2021, the Supreme Court heard TransUnion L.L.C. v. Ramirez, which raised the bar for putative class members to establish standing under the Fair Credit Reporting Act (FCRA). Over 8,000 TransUnion customers brought a class action for violations of the FCRA, but SCOTUS found that only 1,853 plaintiffs, which had their credit reports distributed to third parties, had standing.
Listen as our authoritative panel discusses cybersecurity class actions and the best practices to mitigate claims risks and limit damages when classes are certified.
- Cybersecurity class actions
- Mitigating risks
- Technical preventative measures
- Legal preventative measures
- Policies, procedures, and training
- Service provider agreements
- Timelines
- Notification requirements
- Damages
- Other means to limit damages
- Class certification
- Recent SCOTUS decision
- Mitigating risks
The panel will discuss these and other key topics:
- How can counsel best prepare for a data security breach?
- With multiple state privacy laws, how can counsel create a compliance program, and what policies and procedures should be included?
- How can agreements with service providers limit liability in a data breach?
- What does the recent SCOTUS decision imply regarding certifying future classes?
