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Litigating Data Breach Cases in 2025 (Presented by The Federal Bar Annual Meeting & Convention 2025 sponsor Lockridge Grindal Nauen PLLP)

2025-09-09 14:00:00

1 hours

2025-09-09 14:00:00

1 Credits

Data breach litigation essentials: Article III standing challenges, choice of law complexities, and case management strategies for multi-district cybersecurity cases.

2025-09-09 14:00:00

1 hours

Data breach litigation essentials: Article III standing challenges, choice of law complexities, and case management strategies for multi-district cybersecurity cases.

2025-09-09 14:00:00

1 hours

1000+

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Live stream programs

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70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

Course Overview

Navigating Data Breach Litigation Challenges

Participants will learn strategies for addressing Article III standing, choice of law complexities, and case management in large-scale data breach MDLs. These skills apply directly to representing clients in hub and spoke cybersecurity litigation.

Standing Requirements

Analyze injury and traceability under TransUnion.

Choice Analysis

Determine applicable state law in nationwide actions.

Case Management

Apply bellwether processes to hub and spoke cases.

MDL Strategy

Coordinate leadership structures across multiple defendants.

Course Overview

Navigating Data Breach Litigation Challenges

Participants will learn strategies for addressing Article III standing, choice of law complexities, and case management in large-scale data breach MDLs. These skills apply directly to representing clients in hub and spoke cybersecurity litigation.

Standing Requirements

Analyze injury and traceability under TransUnion.

Choice Analysis

Determine applicable state law in nationwide actions.

Case Management

Apply bellwether processes to hub and spoke cases.

MDL Strategy

Coordinate leadership structures across multiple defendants.

Why Attend

Why this 
program matters

Mastering data breach litigation—including Article III standing, choice of law complexities, and MDL case management—is essential for attorneys to effectively represent clients in this high-stakes, rapidly evolving practice area.
1.4k+
Data breach class action filings were recorded in 2024, representing an increase of more than 1,265% over the past six years. (Duane Morris Data Breach Class Action Review – 2025)
$593M
Total value of the top 10 data breach class action settlements in 2024, a significant increase from $515.75 million in 2023. (Duane Morris Data Breach Class Action Review – 2025)
$9.8M
Average cost of a healthcare data breach in 2024, making healthcare the costliest industry for data breaches for the 14th consecutive year. (IBM Cost of a Data Breach Report 2024)
1.3B+
Victim notices were issued in 2024 due to data compromises in the U.S., a 312% increase from 2023. (Identity Theft Resource Center 2024 Annual Data Breach Report)

Agenda

Session 1

Macro Trends Shaping Modern Data Breach Litigation

Session 2

Article III Standing and Injury in Fact Requirements

Session 3

Traceability Challenges for Data Breach Victims

Session 4

Choice of Law for Common Law Claims

Session 5

Choice of Law for State Statutory Claims

Session 6

Managing Complex Multi-Defendant Data Breach Cases

Session 7

MOVEit Bellwether Case Management Case Study

Session 8

Key Minnesota District Data Breach Cases

Session 9

National Data Breach Cases to Monitor

clock 2:00 pm - 2:05 pm EST

Macro Trends Shaping Modern Data Breach Litigation

Kate Baxter-Kauf

Lockridge Grindal Nauen PLLP

Karen Hanson Riebel

Lockridge Grindal Nauen PLLP

Emma Ritter Gordon

Lockridge Grindal Nauen PLLP

This session explores the rise of hub and spoke litigation structures where breaches trace back to central software platforms affecting multiple downstream users. Practitioners will examine the evolving legal landscape, settlement dynamics, and critical distinctions between data breach and privacy tracking cases.

Kate Baxter-Kauf

Lockridge Grindal Nauen PLLP

Karen Hanson Riebel

Lockridge Grindal Nauen PLLP

Emma Ritter Gordon

Lockridge Grindal Nauen PLLP

clock 2:05 pm - 2:15 pm EST

Article III Standing and Injury in Fact Requirements

Kate Baxter-Kauf

Lockridge Grindal Nauen PLLP

Karen Hanson Riebel

Lockridge Grindal Nauen PLLP

Emma Ritter Gordon

Lockridge Grindal Nauen PLLP

This session analyzes the Spokeo and TransUnion frameworks that govern concrete injury requirements for data breach plaintiffs in federal court. Attendees will learn how courts assess risk of future harm, common law analogies, and the procedural timing of standing challenges.

Kate Baxter-Kauf

Lockridge Grindal Nauen PLLP

Karen Hanson Riebel

Lockridge Grindal Nauen PLLP

Emma Ritter Gordon

Lockridge Grindal Nauen PLLP

clock 2:15 pm - 2:25 pm EST

Traceability Challenges for Data Breach Victims

Kate Baxter-Kauf

Lockridge Grindal Nauen PLLP

Karen Hanson Riebel

Lockridge Grindal Nauen PLLP

Emma Ritter Gordon

Lockridge Grindal Nauen PLLP

This session addresses the growing complexity of demonstrating causal connections when plaintiffs have experienced multiple data breaches. Participants will explore how courts apply traditional causation principles to modern multi-breach scenarios.

Kate Baxter-Kauf

Lockridge Grindal Nauen PLLP

Karen Hanson Riebel

Lockridge Grindal Nauen PLLP

Emma Ritter Gordon

Lockridge Grindal Nauen PLLP

clock 2:25 pm - 2:35 pm EST

Choice of Law for Common Law Claims

Kate Baxter-Kauf

Lockridge Grindal Nauen PLLP

Karen Hanson Riebel

Lockridge Grindal Nauen PLLP

Emma Ritter Gordon

Lockridge Grindal Nauen PLLP

This session examines how transferee courts determine which state’s laws govern nationwide data breach class actions involving common law claims. Key focus areas include identifying where injury occurs and managing choice of law rules not designed for cases of this unprecedented scale.

Kate Baxter-Kauf

Lockridge Grindal Nauen PLLP

Karen Hanson Riebel

Lockridge Grindal Nauen PLLP

Emma Ritter Gordon

Lockridge Grindal Nauen PLLP

clock 2:35 pm - 2:45 pm EST

Choice of Law for State Statutory Claims

Kate Baxter-Kauf

Lockridge Grindal Nauen PLLP

Karen Hanson Riebel

Lockridge Grindal Nauen PLLP

Emma Ritter Gordon

Lockridge Grindal Nauen PLLP

This session addresses the complexity of applying differing state notification requirements across all 50 states in data breach litigation. Attendees will explore notification complications when third-party vendors are involved in the breach chain.

Kate Baxter-Kauf

Lockridge Grindal Nauen PLLP

Karen Hanson Riebel

Lockridge Grindal Nauen PLLP

Emma Ritter Gordon

Lockridge Grindal Nauen PLLP

clock 2:45 pm - 2:50 pm EST

Managing Complex Multi-Defendant Data Breach Cases

Kate Baxter-Kauf

Lockridge Grindal Nauen PLLP

Karen Hanson Riebel

Lockridge Grindal Nauen PLLP

Emma Ritter Gordon

Lockridge Grindal Nauen PLLP

This session covers evolving case management strategies including leadership structures, document review protocols, and e-discovery challenges. Practitioners will learn about the application of bellwether processes and fact sheets adapted from mass tort litigation.

Kate Baxter-Kauf

Lockridge Grindal Nauen PLLP

Karen Hanson Riebel

Lockridge Grindal Nauen PLLP

Emma Ritter Gordon

Lockridge Grindal Nauen PLLP

clock 2:50 pm - 2:55 pm EST

MOVEit Bellwether Case Management Case Study

Kate Baxter-Kauf

Lockridge Grindal Nauen PLLP

Karen Hanson Riebel

Lockridge Grindal Nauen PLLP

Emma Ritter Gordon

Lockridge Grindal Nauen PLLP

This session provides a deep dive into the In re MOVEit litigation structure before Judge Burrows, involving 190 million affected individuals and hundreds of defendants. Participants will examine the three-tier defendant categorization strategy and judicial management approaches for unprecedented scale.

Kate Baxter-Kauf

Lockridge Grindal Nauen PLLP

Karen Hanson Riebel

Lockridge Grindal Nauen PLLP

Emma Ritter Gordon

Lockridge Grindal Nauen PLLP

clock 2:55 pm - 2:58 pm EST

Key Minnesota District Data Breach Cases

Kate Baxter-Kauf

Lockridge Grindal Nauen PLLP

Karen Hanson Riebel

Lockridge Grindal Nauen PLLP

Emma Ritter Gordon

Lockridge Grindal Nauen PLLP

This session highlights significant pending cases including Change Healthcare, University of Minnesota, NetGain, and the foundational Target breach. Attendees will learn about dual-track litigation structures and settlement developments in these regional matters.

Kate Baxter-Kauf

Lockridge Grindal Nauen PLLP

Karen Hanson Riebel

Lockridge Grindal Nauen PLLP

Emma Ritter Gordon

Lockridge Grindal Nauen PLLP

clock 2:58 pm - 3:00 pm EST

National Data Breach Cases to Monitor

Kate Baxter-Kauf

Lockridge Grindal Nauen PLLP

Karen Hanson Riebel

Lockridge Grindal Nauen PLLP

Emma Ritter Gordon

Lockridge Grindal Nauen PLLP

This session surveys critical data breach cases across the country including AT&T, Fortinet, and Nelnet litigation. Practitioners will examine varying levels of public engagement and the factors driving different plaintiff responses to breach notifications.

Kate Baxter-Kauf

Lockridge Grindal Nauen PLLP

Karen Hanson Riebel

Lockridge Grindal Nauen PLLP

Emma Ritter Gordon

Lockridge Grindal Nauen PLLP

01 09
Prev
Next

Key topics that will be covered

What will you learn

Attorneys will learn about Article III standing challenges, choice of law issues in nationwide class actions, and case management strategies for complex multi-district data breach litigation.

What will you gain

Attorneys will gain practical guidance for navigating data breach litigation from practitioners actively litigating major cases including the Change Healthcare and MOVEit MDLs.

Standing Challenges
Article III standing requires injury in fact with concrete harm tied to common law analogs.
Traceability Issues
Demonstrating causal connection to defendants becomes contested when plaintiffs experience multiple breaches.
Choice of Law
Nationwide class actions require analysis of where injuries occur across multiple jurisdictions.
Hub and Spoke
Multi-level breach patterns involve software owners, customers, and affected end users.
Case Management
Bellwether processes and fact sheets from mass tort litigation address complex breach structures.
MDL Consolidation
Centralized adjudication reduces duplicative litigation and prevents inconsistent rulings across courts.

What will you learn

Attorneys will learn about Article III standing challenges, choice of law issues in nationwide class actions, and case management strategies for complex multi-district data breach litigation.

What will you gain

Attorneys will gain practical guidance for navigating data breach litigation from practitioners actively litigating major cases including the Change Healthcare and MOVEit MDLs.

Plans

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Number of New Webinars Added Yearly Limited
Earn "Live" CLE credit Included
Ability to Ask Questions During
the Presentation via a Chat Box
Included
Attend "Live" Re-Broadcasts Included
Exclusive Partner Webinars & Events
Special credits (Ethics, Elimination
of Bias, etc.)
Instant Certificates After Completion
Personalized CLE Platform
Live Conferences
Bootcamps

speakers

Joe Ervin

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Kevin Foley

Reminger Co
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Grant H. Lawson

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Kate Baxter-Kauf

Lockridge Grindal Nauen PLLP

Karen Hanson Riebel

Lockridge Grindal Nauen PLLP

Emma Ritter Gordon

Lockridge Grindal Nauen PLLP

Kate Baxter-Kauf

Lockridge Grindal Nauen PLLP

Ms. Baxter-Kauf’s practice is concentrated in data breach, antitrust law, business litigation, and securities litigation. She represents individuals, consumers, financial institutions and small businesses in litigation to protect their rights and the rights of class members they seek to represent.

Education & Credentials

2011 magna cum laude and Order of the Coif graduate of the University of Minnesota Law School.

Recognition & Leadership

In 2018, named a Rising Star by Law360 in Cybersecurity & Privacy (one of only five attorneys nationally). Recognized as an Up & Coming Attorney by Minnesota Lawyer magazine in 2016. Named one of Minnesota's Rising Stars by Minnesota Law & Politics magazine for 2015-2021. Award-winning coach of high school and college policy debate teams, coached the 2003 National Forensic League policy debate national champions.

Experience

Prior to joining the firm, clerked for the Honorable Alan C. Page, the Honorable Helen M. Meyer, and the Honorable Christopher J. Dietzen, Associate Justices of the Minnesota Supreme Court. Before law school, coached high school and college policy debate teams and facilitated debate teams at Twin Cities urban middle and high schools.

Kate Baxter-Kauf

Lockridge Grindal Nauen PLLP

Ms. Baxter-Kauf’s practice is concentrated in data breach, antitrust law, business litigation, and securities litigation. She represents individuals, consumers, financial institutions and small businesses in litigation to protect their rights and the rights of class members they seek to represent.

Education & Credentials

2011 magna cum laude and Order of the Coif graduate of the University of Minnesota Law School.

Recognition & Leadership

In 2018, named a Rising Star by Law360 in Cybersecurity & Privacy (one of only five attorneys nationally). Recognized as an Up & Coming Attorney by Minnesota Lawyer magazine in 2016. Named one of Minnesota's Rising Stars by Minnesota Law & Politics magazine for 2015-2021. Award-winning coach of high school and college policy debate teams, coached the 2003 National Forensic League policy debate national champions.

Experience

Prior to joining the firm, clerked for the Honorable Alan C. Page, the Honorable Helen M. Meyer, and the Honorable Christopher J. Dietzen, Associate Justices of the Minnesota Supreme Court. Before law school, coached high school and college policy debate teams and facilitated debate teams at Twin Cities urban middle and high schools.

Karen Hanson Riebel

Lockridge Grindal Nauen PLLP

Karen Hanson Riebel concentrates her practice in data breach, antitrust, and securities litigation. She has litigated complex class action matters and represented pension funds and institutional investors in corporate fraud cases, and since 2013 has been on the forefront of international data breach litigation.

Recognition & Leadership

Awarded the Trial Lawyers' For Public Justice Trial Lawyers of the Year award in 1994 for securing a $5 billion punitive damages jury verdict in In re The Exxon Valdez.

Experience

Began career as member of the trial team in In re The Exxon Valdez case in Anchorage, Alaska, securing a $5 billion punitive damages verdict. Has represented consumers and financial institutions against retailers, insurance companies, and software providers in data breach litigation since 2013. Served in leadership roles in data breach litigation involving Premera Blue Cross, Capital One, Yahoo!, and Progress (the MoveIt Data Breach).

Emma Ritter Gordon

Lockridge Grindal Nauen PLLP

Emma Ritter Gordon is an Associate practicing in the firm’s data-breach and healthcare groups. She represents consumers and healthcare providers in individual and class litigation, with experience in data privacy and cybersecurity informed by her background in healthcare technology.

Education & Credentials

Graduated summa cum laude from Duke Law School. Served as Senior Articles Editor for the Duke Law Journal and Co-President of the Duke Law and Technology Society.

Professional Involvement

Has represented pro bono clients with criminal appeals before the Minnesota Court of Appeals.

Experience

Clerked at the Eighth Circuit Court of Appeals for the Honorable Judge David R. Stras. Interned at the Department of Justice in the Computer Crime and Intellectual Property Section and at the North Carolina Solicitor General's Office. Before law school, worked for a major healthcare technology company in operational strategy, data analysis, and product management roles working with large datasets of sensitive health data.

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