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

September 29, 2016 9:25am

Janis Kestenbaum
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