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

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

• 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

Break | 2:00pm – 2:10pm

• Evaluate landmark rulings issued in privacy class actions
• Establish best practices for opposing class certification and defeating claims on the merits

Break | 3:10pm – 3:20pm

Session II – Unveiling the Legal Landscape: Navigating website privacy law and litigation | 3:20pm – 5:00pm

• Updates on state and federal privacy legislation and enforcement actions
• Trends in website privacy litigation: wiretapping, video privacy protection act, tracking technologies, and data breaches
• The rise of mass arbitration in privacy disputes

Break | 4:20pm – 4:30pm

• Strategies for defending against common privacy claims