Rise in Data Breach Litigation and How to Prepare: Utilizing arbitration clauses and class action waivers, litigation trends, and significant rulings in data breach class actions

Mark A. Olthoff
Mark A. Olthoff
Polsinelli PC

Mark has extensive litigation experience with class actions, including consumer protection, data privacy and privacy laws. He has litigated all manner of business disputes, including breach of contract, breach of fiduciary duties, corporate veil issues, business divorces, and officer and director liability, among others.

Gerald L. Maatman, Jr.
Gerald L. Maatman, Jr.
Duane Morris LLP

Gerald "Jerry" Maatman, Jr. is a Chambers-recognized workplace class action defense litigator, an eighttime Law 360 Employment Law MVP, nine-time recipient of BTI Consulting Group's distinguished Client Service All-Star Award, and a 2021 Legal 500 Hall of Fame inductee.

On-Demand: September 23, 2024
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Program Summary

Session I - Rise in Data Breach Class Actions: Effective use of arbitration clauses – Mark A. Olthoff

This session provides an analysis of how arbitration clauses and class action waivers can be utilized to manage and mitigate the risks associated with data breach litigation. Participants will explore the benefits of arbitration, review recent case law demonstrating its application in data privacy cases, and learn best practices for drafting and enforcing effective arbitration agreements.

Key topics to be discussed:

  • Surge in data breach class actions
  • Recent trends in federal court filings
  • Understanding arbitration clauses and class action waivers
  • Exploring their application in data breach cases
  • Benefits of arbitration clauses and class waivers
  • Case studies and legal precedents
  • Legal considerations and challenges

Session II - Rise in Data Breach Class Actions: What should be in your litigation toolkit – Gerald L. Maatman, Jr.

Data breach class actions have emerged as one of the fastest growing areas in the complex litigation space. After every major (and even not-so-major report) of a breach or cybersecurity incident, companies can expect negative publicity followed by one or more class action lawsuits. This trend was particularly noticeable in 2023, with several high-profile cases resulting in substantial settlement amounts. The sheer volume of individuals affected by data breaches has grown significantly, leading to larger classes and subsequently higher settlement demands. Furthermore, the nature of the data being compromised is becoming more sensitive – including financial and health information – which increases the potential damages awarded in these cases.

Join experienced class action defense litigator Gerald L. Maatman, Jr. for a state-of-the-art program breaking down the data breach class action landscape through analysis of key trends, rulings, and arbitration defense strategies.

Key topics to be discussed:

  • The rapid evolution of data breach claims
  • Key litigation trends in the past 24 months
  • Significant rulings in data breach class actions
  • Key settlements in the data breach class action space v. crafting arbitration clauses with class action waivers to mitigate risks
  • What ought to be in your litigation toolkit

Closed-captioning available

Speakers

Mark A. Olthoff_MyLawCLEMark A. Olthoff | Polsinelli PC

Mark has extensive litigation experience with class actions, including consumer protection, data privacy and privacy laws. He has litigated all manner of business disputes, including breach of contract, breach of fiduciary duties, corporate veil issues, business divorces, and officer and director liability, among others. Mark’s national practice includes actions involving BIPA, TCPA, MMPA, KCPA, RICO, FDCPA, FCRA and other federal and state statutes. He is an author and frequent speaker on subjects such as data breach and privacy litigation, piercing the corporate veil, class actions, business litigation issues and legal ethics. Mark was a co-editor of the Kansas City Metropolitan Bar Association’s Business Litigation Handbook and the author of the chapter on piercing the corporate veil. He also was appointed member of the Missouri Supreme Court Disciplinary Committee from 2008-2016.

 

Gerald L. Maatman, Jr._ Duane Morris LLP._myLawCLEGerald L. Maatman, Jr. | Duane Morris LLP

Gerald “Jerry” Maatman, Jr. is a Chambers-recognized workplace class action defense litigator, an eighttime Law 360 Employment Law MVP, nine-time recipient of BTI Consulting Group’s distinguished Client Service All-Star Award, and a 2021 Legal 500 Hall of Fame inductee. Mr. Maatman is a Partner at Duane Morris LLP, where he chairs the firm’s Class Action Defense Group. Among his various cases, Mr. Maatman successfully defended the largest EEOC pattern or practice lawsuit ever prosecuted in the history of the Commission, the largest age discrimination collective action ever brought in Illinois, the first sexual harassment class action brought by a State Attorney General in the United States, and the largest wage & hour class actions ever litigated in Florida, Illinois, and New York. A graduate of Washington & Lee University and the Northwestern University School of Law, where he has served as an adjunct professor for 34 years, Jerry is based out of Duane Morris’ Chicago and New York offices.

The author of eight books on the law, Jerry is often consulted by major news organizations for his views on significant court rulings and legal issues. He has served as a legal commentator on the Public Broadcasting System (PBS), National Public Radio (NPR), MSNBC, CNBC, and USA Talk Radio, and his comments have appeared in such publications as the Wall Street Journal, The Economist, Business Insurance, USA Today, Fortune, and Forbes. In 2023, Business Today included Mr. Maatman in its rankings of the Top 8 Most Influential Labor & Employment Lawyers in the United States. Further, Chambers selected him as one of the leading class action defense lawyers in its 2006 to 2024 rankings of U.S. lawyers. In its Global rankings, Chambers stated that “Maatman is absolutely phenomenal,” and is “one of the top class action minds in the country.”

Agenda

Session I – Rise in Data Breach Class Actions: Effective use of arbitration clauses | 2:00pm – 2:30pm

  • Surge in data breach class actions
  • Recent trends in federal court filings
  • Understanding arbitration clauses and class action waivers
  • Exploring their application in data breach cases
  • Benefits of arbitration clauses and class waivers
  • Case studies and legal precedents
  • Legal considerations and challenges

Session II – Rise in Data Breach Class Actions: What should be in your litigation toolkit | 2:30pm – 4:10pm

  • The rapid evolution of data breach claims
  • Key litigation trends in the past 24 months
  • Significant rulings in data breach class actions

Break | 3:00pm – 3:10pm

  • Key settlements in the data breach class action space v. crafting arbitration clauses with class action waivers to mitigate risks
  • What ought to be in your litigation toolkit

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