DEFENDING AND MANAGING PRIVATE PARTY SUITS: RECENT CASES IN CLASS ACTION CLAIMS AND DATA USE AND DATA SECURITY LITIGATION

January 31, 2017 12:25pm

Douglas H. Meal
Partner
Ropes & Gray LLP

Brooks R. Magratten
Partner
Pierce Atwood LLP

  • Card issuing banks and class certification
  • The applicability of the attorney-client privilege and work product doctrine to pre and post incident response files
  • Class action suits: latest trends on TCPA and other texting cases
  • Litigation trends: future of class actions and how the decisions shake out state by state
  • Data breach litigation
  • Assessing harm
  • Statutory penalties, remedies
  • Collection of data
  • Retailers asking for zip code, phone numbers, etc.
  • Mega privacy actions
  • Civil litigation associated with free or low cost services that touch millions of people
  • Statutory liability claims
  • Privacy statutes with statutory damages and uniform privacy practices
  • What happens when the litigation doesn’t settle?
  • Assessing harm; how important is harm when law applies to statutory damages?
  • Strategies for when to fight and when to settle privacy and security