Privacy Law Litigation: Skyrocketing class actions, and website privacy regulation violations

Jennifer A. Riley
Gerald L. Maatman, Jr.
Kristin L. Bryan
Gicel Tomimbang
Jennifer A. Riley | Duane Morris LLP
Gerald L. Maatman, Jr. | Duane Morris LLP
Kristin L. Bryan | Squire Patton Boggs LLP
Gicel Tomimbang | Squire Patton Boggs LLP

Live Video-Broadcast: June 24, 2024

Privacy Law Litigation: Skyrocketing class actions, and website privacy regulation violations

$295.00 3.5 hour CLE

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Program Summary

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:

  • Review significant trends in privacy litigation including filings and settlements
  • Analyze significant decisions under federal and state privacy statutes
  • Review the significance of the Illinois BIPA and copycat legislation
  • Evaluate landmark rulings issued in privacy class actions
  • Establish best practices for opposing class certification and defeating claims on the merits

Session II – Unveiling the Legal Landscape: Navigating website privacy law and litigation- Kristin L. Bryan, Gicel Tomimbang

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:

  • State and federal privacy legislation and enforcement developments
  • Privacy litigation trends for websites: wiretapping, Video Privacy Protection Act, tracking technologies, data breaches
  • Mass arbitration
  • Defenses to common claims

This course is co-sponsored with myLawCLE.

Date / Time: June 24, 2024

  • 11:00 am – 3:00 pm Eastern
  • 10:00 am – 2:00 pm Central
  • 9:00 am – 1:00 pm Mountain
  • 8:00 am – 12:00 pm Pacific

Closed-captioning available

Speakers

Jennifer A. Riley_FedBarJennifer 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._FedBarGerald 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.”

 

Kristin L. Bryan_FedBarKristin L. Bryan | Squire Patton Boggs LLP

Kristin is a pragmatic litigator and integral member of the firm’s privacy litigation team, which was ranked #2 in 2022 among all law firms by Global Data Review. She has broad experience defending data privacy, cybersecurity, and data breach disputes across the country, including in the class action and multidistrict litigation context. Kristin has litigated cases brought under the Electronic Communications Privacy Act (ECPA), the Video Privacy Protection Act (VPPA), the Driver’s Privacy Protection Act (DPPA), the Fair Credit Reporting Act (FCRA), the Computer Fraud and Abuse Act (CFAA), the California Consumer Privacy Act (CCPA), the California Invasion of Privacy Act (CIPA) and the Illinois Biometric Privacy Act (BIPA), among others. Kristin has also efficiently resolved privacy and cybersecurity class actions concerning deceptive trade practice and breach of fiduciary duty claims. She is also experienced in defending website operators in putative class actions and in JAMS/AAA arbitrations concerning their privacy practices for claims brought under state wiretap laws and other theories of liability.

Kristin has advised clients concerning privacy issues implicated using facial recognition technology and AI. She is currently defending a case concerning an AI consumer-facing platform in federal court in Illinois and recently opposed class certification. Kristin has represented clients in data breach litigations regarding the alleged disclosure of personal information and protected health information regulated under the Health Insurance Portability and Accountability Act (HIPAA). As part of her litigation practice, Kristin also advises clients on their most sensitive business, cybersecurity/privacy diligence and data breach issues, and in state and federal regulatory investigations regarding their privacy practices. She is editor-in-chief of the firm’s award- winning data privacy blog Consumer Privacy World and has published over 350 articles on developments regarding data privacy and cybersecurity.

Kristin is a Certified Information Privacy Professional (CIPP/US) and a leader in the data privacy and cybersecurity community. She holds several executive positions with the International Association of Privacy Professionals (IAPP), including with the Privacy Bar Advisory Board, is co-chair of her local Knowledge Net Chapter, and was selected to participate in the IAPP’s 2022 Leadership Retreat. Kristin is also vice-chair of the American Bar Association’s Cybersecurity and Data Privacy Committee and on the ABA’s 11-member Technology and New Media Standing Committee. Prior to joining the firm, Kristin practiced for five years at an international law firm in New York, specializing in data strategy and security.

 

Gicel Tomimbang_FedBarGicel Tomimbang | Squire Patton Boggs LLP

Gicel served as a deputy attorney general for the California Department of Justice – Office of the Attorney General, where she specialized in conducting health data privacy and cybersecurity-focused government investigations and enforcement pursuant to health privacy laws, including the Health Insurance Portability and Accountability Act (HIPAA); state medical information laws, including the California Confidentiality of Medical Information Act; and state consumer protection laws prohibiting unfair and deceptive acts and practices, including the California Unfair Competition Law and False Advertising Law. She also provided legislative advice and drafted legal filings submitted on behalf of the attorney general. Gicel also served as an investigator for the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR), where she investigated domestic and international companies’ compliance with the HIPAA Privacy, Security, and Breach Notification rules. She provided technical assistance to help covered entities and business associates identify and address deficiencies in their HIPAA compliance programs and operationalize HIPAA requirements.

Gicel leverages her public sector experience to counsel traditional healthcare providers, digital health companies and clients across all other industries on a broad range of data privacy and cybersecurity compliance and regulatory issues. Clients frequently turn to her for advice and counsel on complex issues arising out of state and federal requirements for consumer data, healthcare data, and business planning and operational matters. Gicel prepares clients in the public and private sectors to respond to future cybersecurity incidents by assisting them with development and implementation of proactive cybersecurity measures. She also works with IT forensic firms to help clients respond to and remediate cybersecurity incidents, including executing incident response strategy, incident response notification and reporting. She interfaces with law enforcement and regulatory authorities in the US and coordinates global incident response activities across jurisdictions.

Gicel is a Certified Information Privacy Professional (CIPP/US and CIPP/E), a Certified Information Privacy Manager (CIPM) and an IAPP Fellow of Information Privacy (FIP). She invests in her community through her active leadership in and contributions to the Los Angeles County Bar Association, the International Association of Privacy Professionals and various mentorship programs.

Agenda

Session I – Navigating the Complex Terrain of Privacy Class Action Litigation: Trends, challenges, and precedents | 11:00am – 1:10pm

  • Review significant trends in privacy litigation including filings and settlements | 11:00am – 11:20am
  • Analyze significant decisions under federal and state privacy statutes | 11:20am – 11:40am
  • Review the significance of the Illinois BIPA and copycat legislation | 11:40am – 12:00pm

Break | 12:00pm – 12:10pm

  • Evaluate landmark rulings issued in privacy class actions | 12:10pm – 12:40pm
  • Establish best practices for opposing class certification and defeating claims on the merits | 12:40pm – 1:10pm

Break | 1:10pm – 1:20pm

Session II – Unveiling the Legal Landscape: Navigating website privacy law and litigation | 1:20pm – 3:00pm

  • State and federal privacy legislation and enforcement developments | 1:20pm – 1:40pm
  • Privacy litigation trends for websites: wiretapping, Video Privacy Protection Act, tracking technologies, data breaches | 1:40pm – 2:00pm
  • Mass arbitration | 2:00pm – 2:20pm

Break | 2:20pm – 2:30pm

  • Defenses to common claims | 2:30pm – 3:00pm