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Session I - Navigating the Complex Terrain of Privacy Class Action Litigation: Trends, challenges, and precedents - Jennifer A. Riley, Gerald L. Maatman, Jr.
Privacy class actions have outpaced filings in other areas of law in terms of growth, 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 panel will discuss these key trends and what precedent these developments may have on future class action litigation.
Key topics to be discussed:
Session II – Unveiling the Legal Landscape: Navigating website privacy law and litigation- Hillard M. Sterling
This session will cover privacy law developments, enforcement actions and litigation affecting websites. It will begin by analyzing the latest advancements in state and federal privacy legislation and the enforcement landscape, providing attendees with insights into regulatory developments and enforcement actions by agencies like the FTC. Following this, the session will explore prevalent privacy litigation trends for websites, including issues such as wiretapping allegations, compliance with the Video Privacy Protection Act, the use of tracking technologies, and responses to data breaches.
Moreover, participants can expect an in-depth discussion on the growing phenomenon of mass arbitration as a strategy for efficiently managing consumer disputes. Finally, the CLE will equip attendees with knowledge about common defenses employed by website operators to counter privacy-related claims, covering aspects such as user consent, statutory exemptions, and robust data security measures. Overall, the session aims to offer comprehensive guidance for businesses navigating the intricate legal landscape surrounding online privacy.
Key topics to be discussed:
Closed-captioning available
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. As vice-chair of the Duane Morris Class Action Defense Group, she defends complex collective actions, class 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 tens of thousands of claims. Ms. Riley has represented clients facing best-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 employers seeking to navigate thorny issues, including investigations, compliance, and terminations. Ms. Riley is a regular speaker, author, and presenter regarding class action issues, legal developments, and challenges that companies may face in the future.
Gerald L. Maatman, Jr. | Duane Morris LLP
Gerald “Jerry” Maatman, Jr. is a Chambers-recognized workplace class action defense litigator, an eight- time 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 2 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.”
Hillard M. Sterling | Roetzel & Andress
Hillard Sterling’s practice focuses on technology and cyber disputes and issues, bringing over 30 years of experience in the entire range of technology cases, such as disputes related to systems implementation, software development and licensing, and IT intellectual property. Mr. Sterling also regularly represents a broad array of professionals in litigation, including attorneys, architects & engineers, accountants, agents and brokers, and real-estate professionals, among others, as well as directors & officers in a variety of business disputes.
Mr. Sterling counsels’ clients on developing and implementing best practices before, during, and after data breaches and incidents. Since strong preventive measures are central to reducing exposure and damages, Mr. Sterling works with clients to: (1) develop or improve policies, incident-response plans, and data-governance plans; (2) develop or improve employee training procedures and techniques; (3) develop or improve table-top exercises; and (4) comply with governing law and stay current with the latest cyber-law developments. The underlying objective of all of these measures is to help clients establish a cyber-security corporate culture.
Mr. Sterling also represents clients in defending against national class-action lawsuits based on alleged disclosures of information allegedly protected by federal and state statutes. These cases typically are the subject of dispositive motion practice based on standing and other grounds, and Mr. Sterling is versed —and speaks frequently before various audiences — on the developing jurisprudence under which these cases may be resolved successfully and expeditiously.
In addition, Mr. Sterling assists insureds and other clients as a “breach coach” to coordinate and quarterback responses to data breaches or incidents. In this role, Mr. Sterling helps guide and manage the many responsive tasks, including analyzing the nature and scope of the breach or incident, assessing the legal implications and developing and implementing strategies based on those implications, implementing incident-response plans, and communicating internally and externally with the many pertinent constituencies, all while utilizing and maximizing the confidentiality protections of the attorney-client communication privilege where feasible.
Session I – Navigating the Complex Terrain of Privacy Class Action Litigation: Trends, challenges, and precedents | 1:00pm – 3:10pm
Break | 2:00pm – 2:10pm
Break | 3:10pm – 3:20pm
Session II – Unveiling the Legal Landscape: Navigating website privacy law and litigation | 3:20pm – 5:00pm
Break | 4:20pm – 4:30pm
only $395 yearly
only $395 yearly