Why you should attend
Over the past two years there has been an explosion of new lawsuits filed focused on the alleged disclosure of identifying information in connection with the use of social networks, social gaming, mobile phones, apps, and other mobile and web-based technologies and in connection with behavioral advertising and the use of pixels, beacons, cookies and other persistent identifiers. Like patent troll suits and stock drop cases, being sued for perceived data privacy violations increasingly is starting to look like a cost of doing business in the digital economy.
While some cases have settled on lucrative terms, a number have been dismissed or dropped because plaintiffs cannot show damage or injury.
Many of the suits appear to be focused on trial by publicity, rather than relief in court.
Join this expert faculty to learn what you need to know now about this burgeoning are of federal litigation, including what to do to avoid litigation.
What you will learn
- The types of technology, advertising and business practices that have been targeted for litigation
- Best practices to minimize potential privacy violations and avoid being sued
- The types of claims raised in litigation and how to defend against them
- The use of traditional media and blogs and social media as part of the litigation strategy
- When to settle and when to fight cases
- The terms of recent settlements
- Analysis of this new burgeoning area of law, including the large number of court opinions issued in 2011 and 2012, as well as an assessment of emerging trends
Who should attend
- In-house counsel at cloud computing, Internet, technology, advertising, mobile, and social networking companies
- Litigators and transactional lawyers who defend or advise clients on data privacy and advertising law
- Chief Privacy Officers and others responsible for data privacy compliance
- Privacy lawyers who want to understand important litigation trends and strategies
- Anyone who wants to stay one step ahead of the crowd
Morning Session: 9:00 a.m. - 12:30 p.m.
9:00 Program Overview
Ian C. Ballon
9:15 Understanding the Science and Technology of Behavioral Advertising
This will be an advanced tutorial on the mechanics of Internet advertising, the players, technologies and on how information is collected and used online. Attendees will be shown what web beacons, cookies, flash cookies and referrer headers look like and the functions they perform, as well as newer technologies and marketing models.
Chris Jay Hoofnagle, Jennifer Valentino-DeVries
10:15 Plaintiffs’ Perspective on Data Privacy Class Action Suits
A detailed analysis of cases filed to date and the type of practices that cause plaintiffs’ counsel to file suit. This panel will discuss cases, strategies and the mechanics of consolidating cases before the MDL panel and selecting lead counsel.
Jay Edelson, Chandler Givens, Robert J. Herrington
11:00 Networking Break
11:15 Defendants’ Perspective on Data Privacy Class Action Suits - Part I
A thorough analysis of case law and strategy from defense and in-house perspectives, including an exhaustive analysis of the latest case law on standing and privacy claims under the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, the Video Privacy Protection Act and related state law claims; and on how companies are and should be responding to claims.
Ian C. Ballon
11:45 Defendants’ Perspective on Data Privacy Class Action Suits - Part II: In-House Counsel Panel
Ian C. Ballon, Moderator; Christine M. Dekker, Sandeep Solanki
12:30 Lunch Break
Afternoon Session: 1:45 p.m. - 5:00 p.m.
1:45 Class Certification and Settlement
An analysis of whether the claims asserted are amenable to class treatment; different approaches in federal and state court; settlement options; and the terms of key settlements.
Robert J. Herrington
2:45 Best Practices in a Changing Data Privacy Landscape: Strategies to Minimize the Risk of Privacy Class Action Litigation
In addition to the courts, the regulatory landscape is changing dramatically. State, federal and foreign legislation and regulation governing the use of information about browsing practices and preferences, anonymized and de-anonymized data and Internet advertising practices is expanding. In this dynamic environment, what constitutes “best practices” is a moving target. This panel will discuss and provide live demonstrations of new, innovative and creative ways for companies to comply with privacy obligations and reduce their exposure to litigation.
Jim Brock, Tricia Cross, Michelle Finneran Dennedy, Eulonda G. Skyles
3:45 Networking Break
4:00 Judicial Perspective
The explosion of privacy class action cases over the past two years has largely been focused on courts in California and New York. Given that data privacy is a relatively new and evolving area of law, this segment will afford participants the opportunity to understand how a judge views data privacy cases and how litigants can better position their cases.
Hon. James Ware (Ret.)
~ Senior Counsel – Privacy, Fox Entertainment Group
John M. Mola
~ Director of California Operations, Practising Law Institute
San Francisco Seminar Location
PLI California Center, 685 Market Street, San Francisco, California 94105. (415) 498-2800.
San Francisco Hotel Accommodations
The Palace Hotel, 2 New Montgomery Street, San Francisco, California 94105. Call (800) 917-7456 seven days a week from 6:00 am to 12:00 am (PDT) and mention you are attending this program at Practising Law Institute to receive the preferred rate. For online reservations, go to www.sfpalace.com/pli to receive the preferred rate.
Due to high demand we recommend reserving hotel rooms as early as possible.
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