Advanced Techniques for Managing Privacy Class Action Lawsuits

Jennifer A. Riley
Jennifer A. Riley
Duane Morris LLP

Jennifer A. Riley is a partner in the Duane Morris Chicago office and a member of the Illinois and New York bars.

Simon Grille
Simon Grille
Girard Sharp LLP

Simon Grille represents plaintiffs in class and complex litigation concerning consumers’ rights, antitrust, and financial fraud.

Live Video-Broadcast: July 17, 2024
Advanced Techniques for Managing Privacy Class Action Lawsuits

$195.00 2 hour CLE

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Program Summary

Session I - Understanding the Landscape of Privacy Class Action Lawsuits – Jennifer Riley

Privacy class action litigation ranks near the top of the list of issues that keep corporate counsel up at night. The significant stakes in these cases and the evolving legal landscape in privacy class action rulings and legislation make the defense of privacy class actions a challenge for corporations. Privacy litigation, in a multitude of forms and theories, revealed itself as the hottest area of growth in terms of activity by the plaintiffs’ class action bar in the past 18 months, challenging corporate practices for collecting, sharing, and storing a variety of data. In 2023, the top 10 privacy class action settlements totaled $1.32 billion. Corporate America faced litigation involving a variety of cutting-edge theories, from the use of facial recognition technology to website activity tracking. The landscape of privacy litigation remains very much in flux, impacting businesses in all 50 states under privacy-related statutes such as the Illinois Biometric Information Privacy Act ("BIPA"), the California Invasion of Privacy Act ("CIPA"), Telephone Consumer Protection Act ("TCPA"), Video Protection Privacy Act ("VPPA"), as well as developing laws in the patchwork quilt of state-level privacy legislation.

The rapid expansion of state legislation regulating data privacy rights as well as myriad of emerging trends and tactics from the plaintiffs' class action bar ensures privacy class action litigation is top priority for corporate counsel, compliance officers, and business leaders. The program will discuss these key trends and what precedent these developments may have on future class action litigation and defense strategies.

Key topics to be discussed:

  • Privacy Class Action Lawsuits
  • Recent Trends and Developments in Privacy Litigation
  • Key Challenges and Complexities in Managing Privacy Class Actions
  • Strategies for Early Case Assessment and Risk Mitigation

Session II – Advanced Techniques for Plaintiffs’ Lawyers Managing Privacy Class Actions – Simon Grille
This session examines strategies for investigating data privacy claims, the challenges class action plaintiffs face in bringing those claims, and case management techniques intended to address those challenges. Participants learn strategies for vetting claims and Plaintiffs, developing discovery plans, managing common pre-trial challenges, working with experts, and mediating.

Key topics to be discussed:

  • Vetting Privacy Claims and Plaintiffs: Discuss strategies and techniques for investigating potential privacy violations, vetting Plaintiffs, and selecting appropriate causes of action. Explore common claims in data breach cases and data exfiltration cases, including common law claims and statutory claims such as CCPA (California Consumer Privacy Act), CIPA (California Invasion of Privacy Act), and VPPA (Video Privacy Protection Act). Discuss Article III standing in the wake of Transunion v. Ramirez.
  • Developing Effective Case Management Strategies: Explore strategies for effectively managing data privacy class actions, including early discovery, initial case management orders, expert work, and class certification strategy. Discuss the importance of data and evidence in privacy class actions and how to effectively leverage them throughout the case.
  • Mediating Data Privacy Class Actions: Discuss strategies for selecting an appropriate mediator, gathering information necessary for a productive mediation, preparing for mediation, writing effective briefs, and negotiation techniques.

Date / Time: July 17, 2024

  • 12:50 pm – 3:00 pm Eastern
  • 11:50 am – 2:00 pm Central
  • 10:50 am – 1:00 pm Mountain
  • 9:50 am – 12:00 pm Pacific

Closed-captioning available

Speakers

Jennifer A. Riley_myLawCLEJennifer A. Riley, partner | Duane Morris LLP

Jennifer A. Riley is a partner in the Duane Morris Chicago office and a member of the Illinois and New York bars. As vice-chair of the Duane Morris Class Action Defense Group, she defends complex class actions, collective actions, and other types of representative proceedings. Ms. Riley has defended companies faced with significant complex litigation matters for more than two decades. She regularly defends companies facing class actions, collective actions, pattern or practice lawsuits, and other types of representative proceedings, ranging in size from dozens to hundreds of thousands of claims. Ms. Riley has represented clients facing bet-the-company cases in a wide range of complex civil litigation matters in federal and state courts across the country. She also provides counsel to businesses seeking to navigate thorny issues, including investigations and compliance matters. Ms. Riley is a regular speaker, author, and presenter regarding class action issues, legal developments, and challenges that companies may face in the future.

 

Simon Grille_myLawCLESimon Grille, partner | Girard Sharp LLP

Simon Grille represents plaintiffs in class and complex litigation concerning consumers’ rights, antitrust, and financial fraud. He has been the lead attorney in class actions against some of the largest companies in the world and has helped recover hundreds of millions of dollars for the firm’s clients.

Simon has substantial experience in all aspects of civil litigation. In In re MacBook Keyboard Litigation, No. 5:18-CV-02813-EJD, 2021 WL 1250378 (N.D. Cal. Apr. 5, 2021), Simon led successful efforts in certifying a multistate class, withstanding sophisticated challenges to Plaintiffs’ experts and a Rule 23(f) petition. The case then settled for $50 million. He also acted as lead counsel in Bentley v. LG Electronics U.S.A., Inc. and Sosenko v. LG Electronics U.S.A., Inc. (settlement providing multi-thousand dollar recoveries to many class members who purchased allegedly defective LG refrigerators); In re Nexus 6P Products Liability Litigation and Weeks v. Google LLC (two consumer class actions against Google relating to defective mobile phones, which resolved for a combined $17 million).

Simon also has significant experience in the area of privacy litigation. He was appointed lead counsel in Ochoa et al. v. The Regents of the Univ. of Cal. et al., No. RG21097796 (Cal. Super. Ct., Alameda Cnty.), a case brought on behalf of victims of a data breach affecting the University of California. He has also played an integral role on the lead counsel team in In re U.S. Office of Pers. Mgt. Data Security Breach Litig., 928 F.3d 42 (D.C. Cir. 2019), which settled for $63 million and provided substantial compensation to numerous federal government employees and job applicants whose highly sensitive personnel files were exposed in a 2015 data breach. In addition, he has successfully led several cases under the Video Privacy Protection Act and Telephone Consumer Protection Act. Simon approaches each case with an unwavering commitment to obtaining the best possible outcome for his clients. A creative problem-solver, Simon welcomes the challenges of complex civil litigation.

Simon has been named a Rising Star by Super Lawyers since 2017. He was editor of the American Association for Justice’s Class Action Newsletter and served as a volunteer fee arbitrator for the Bar Association of San Francisco.

Agenda

Session I – Understanding the Landscape of Privacy Class Action Lawsuits | 12:50pm – 1:50pm

  • Privacy Class Action Lawsuits | 12:50pm – 1:05pm
  • Recent Trends and Developments in Privacy Litigation | 1:05pm – 1:20pm
  • Key Challenges and Complexities in Managing Privacy Class Actions | 1:20pm – 1:35pm
  • Strategies for Early Case Assessment and Risk Mitigation | 1:35pm – 1:50pm

Break | 1:50pm – 2:00pm

Session II – Advanced Techniques for Plaintiffs’ Lawyers Managing Privacy Class Actions | 2:00pm – 3:00pm

  • Vetting Privacy Claims and Plaintiffs | 2:00pm – 2:20pm
  • Developing Effective Case Management Strategies | 2:20pm – 2:40pm
  • Mediating Data Privacy Class Actions | 2:40pm – 3:00pm