Class Actions: Data Privacy & Security Breach Case Law, Trends in Key Jurisdictions and Circuit Court Rulings, New Class Certification Issues, Novel Standing, Causation, Damages, Injury and Actual Harm Nuances, and How the Spokeo and PF Chang Decisions Will Change the Landscape
Perkins Coie LLP
Ronald I. Raether
Troutman Sanders LLP
Douglas H. Meal
Ropes & Gray LLP
- Examining class action suits jurisdiction by jurisdiction, involving data breach cases
- How have the circuit courts held? How have the state courts held?
- Different decisions in the last 6 months
- Rule 23 Issues: How are Rule 23 issues brought up in the context of litigation
- Class Certification: seeking and defending against class certification; best motion practices involving class cert; what survives summary judgment and what does not?; class certification case law; circuit splits
- Standing and damages: Spokeo – interpreting the Supreme Court ruling on standing; PF Chang – imminent harm confers standing; Circuit courts are not aligned as to when you have standing and show actual damages; Is the individual responsible or the provider responsible?; “Threat of harm” issues – Determining whether the consumer has suffered damages
- Plaintiff ’s attorney involvement: how and why plaintiffs decide to sue; what makes a good case for plaintiffs?; how do plaintiffs become named plaintiffs?; lawsuit on a contingent basis; Attorney’s fees
- Consolidating cases before MDL panel
- Arbitration clauses?
- Class action settlements – settlement value; settlement structure and implementation; judicial approval and scrutiny; objectors