Seminar  Program

Advanced Data Privacy, Cybersecurity Breach and TCPA Class Action Litigation Strategies and Defenses 2018


Select a Location:

Why You Should Attend
More so than ever, cybersecurity and data privacy concerns keep General Counsel and business executives up at night. Much of the legal regime in the United States is determined through class action litigation. This program covers the latest technologies, legal trends and strategies – both for litigators and in-house counsel who hope to avoid litigation. Presented by some of the most creative and experienced plaintiffs' counsel and defense litigators, mediators and federal court judges, this program will highlight not only the law but practical strategy employed to fight, win, settle and deter cybersecurity, data privacy and TCPA class action suits.

This advanced program will include a technology tutorial designed to identify the latest threats and challenges, an exhaustive year-in-review update on the latest cases, circuit splits and trends, extensive discussion of strategy on multiple panels featuring top lawyers and judges in the field, and very granular discussions of the latest class certification, motion practice and settlement trends, and techniques for valuing different types of cases.

This program has been carefully planned as a one day symposium – not a series of separate panels. To get the full benefit, you should attend every session in the order in which they are presented to fully benefit from this advanced seminar.  Those attending live will also have the opportunity to interact and mingle with the judges and lawyer panelists between sessions.

Join our expert faculty for advanced guidance on the latest legal trends, procedural pitfalls and opportunities in anticipating, avoiding, and ultimately successfully defending security breach, data privacy and TCPA class action litigation.

What You Will Learn
• Learn the technologies, business practices and mistakes that lead to cybersecurity breach and data privacy cases, and the best practices for defending class action litigation
• Understand how courts in different parts of the country are analyzing standing issues post-Spokeo, including how Spokeo impacts novel theories and claims, as well as emerging issues involving personal jurisdiction, venue and removal to/remand from federal court
• Learn about the latest circuit splits and trends involving VPPA, ECPA, CFAA, TCPA, as well as California and other state law claims and defenses (including state biometrics and security breach laws)
• Hear how plaintiffs’ counsel, defense counsel and leading mediators value cases – and how these valuations impact your ability to settle cases
• Listen to leading judges about what they like to see in court filings and appearances and how you can improve your position in litigation and win your case through motion practice
• Consider the latest class certification issues, trends and strategies
• Analyze the typical provisions in data privacy, security breach and TCPA class action settlements and identify the ones more closely scrutinized by the courts

Who Should Attend
• In-house counsel at companies that face security cybersecurity breach, data privacy and TCPA exposure
• Litigators and transactional lawyers who defend or advise clients on data privacy, security breaches and advertising law, including TCPA issues
• Chief Information Security Officers, Chief Privacy Officers and others responsible for data privacy and security compliance


PLI Group Discounts

Groups of 4-14 from the same organization, all registering at the same time, for a PLI program scheduled for presentation at the same site, are entitled to receive a group discount. For further discount information, please contact membership@pli.edu or call (800) 260-4PLI.

PLI Can Arrange Group Viewing to Your Firm

Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.

Cancellations

All cancellations received 3 business days prior to the program will be refunded 100%. If you do not cancel within the allotted time period, payment is due in full. You may substitute another individual to attend the program at any time.

9:00 Program Overview
Ian C. Ballon

9:15 Advanced Forensics Technology Tutorial: What Lawyers Need to Understand to Litigate Data Privacy and Cybersecurity
The technology challenges facing companies in 2018 are different and more complex than ever before. To successfully litigate security breach and data privacy cases, lawyers need to be conversant in the underlying technology and understand past, current and emerging threats. This advanced tutorial will “look under the hood” at what happened in major data privacy and security breach cases in the recent past and provide essential guidance on what lawyers need to look for and understand from technologists and expert witnesses to litigate data privacy and security cases successfully.
Jonathan R. Mayer

10:15 A Strategic Briefing in Data Privacy, Security Breach and TCPA Class Action Case Substantive Law, Circuit Splits, Trends and Strategies to Defeat These Cases
A one-day briefing on the substantive law, trends and circuit splits in the law of data privacy, security breach and TCPA class action suits compressed into a tightly organized 60-minute presentation covering all of the major cases and trends, based on more than 100 pages of case law analysis that complements this presentation. Among the issues that will be addressed are:
o The anatomy of litigating and winning data privacy, security breach and TCPA class action suits – what strategies are the same and which ones should be different
o Security breach standing, liability, damages, causation and class issues
o State biometric privacy laws, the Electronic Communications Privacy Act, Computer Fraud and Abuse Act, Video Privacy Protection Act, and State Laws 
o Latest issues in online and mobile contract formation and arbitration enforcement
o Circuit splits, trends in the law and legal issues to anticipate in cases not yet filed
o Exhaustive analysis of all of the major cases and trends, expertly organized
Ian C. Ballon

11:15 Networking Break

11:30 Personal Jurisdiction, Venue, Standing Post-Spokeo and Issues of Remand/Removal: New Case Law and Trends in Privacy, Security Breach and TCPA Litigation
This panel will address the U.S. Supreme Court’s decision in Spokeo and how it is being interpreted by federal courts in data privacy, security breach and TCPA class action suits. Topics will include circuit splits and different approaches taken by courts under the different theories of law that typically are raised in security breach and data privacy cases, including trends and strategy that litigators and in-house counsel should be aware of and understand.
Hon. Laurel Beeler, Timothy G. Blood, Rosemarie T. Ring

12:30 Lunch Break

1:45 Class Certification in Data Privacy, Cybersecurity Breach and TCPA Class Action Suits
A panel comprised of a top plaintiff’s lawyer and top defense counsel will discuss and debate the significance of recent case law, circuit splits and trends in data privacy, cyber security breach and TCPA class action suits. The panel will also discuss equitable relief only classes, liability and settlement classes, focusing on arguments specific to privacy, security and TCPA cases. This will be an advanced program for experienced litigators but will be presented with an eye towards informing both general litigators and transactional privacy and cybersecurity lawyers about the unique issues involved in class certification, how they play out in privacy and security cases and most importantly what companies can do to minimize the risk of class certification.
Jordan Elias, Robert J. Herrington

2:45 Hearing from the Judges: A Panel Presentation on How Judges Want Parties to Litigate Data Privacy, Security Breach Class Action Suits
A panel of judges will address how they would like parties to litigate data privacy, security breach and TCPA class action suits. In addition to prepared remarks, the judges are looking forward to audience questions and meaningful interaction with both live and online participants. Among the issues they will discuss are:
o How should technology issues be presented to judges and juries?
o Motions to Dismiss: getting it right
o Class Certifications do’s and don’ts
o Case management preferences
o Pet peeves
Ian C. Ballon, Panel Leader; Hon. James Donato, Hon. Andrew J. Guilford, Hon. Marilyn L. Huff, Hon. Loretta A. Preska

3:45 Networking Break

4:00 Mediation and Settlement Strategies for Data Security, Data Privacy and TCPA Class Action Suits
Most data privacy, security breach and TCPA class action suits that get past a motion to dismiss end up in mediation.  A panel comprised of a retired judge who mediates disputes and both a plaintiff’s lawyer and defense counsel will thoroughly analyze the unique issues that arise in data privacy, security breach and TCPA class action suits, including how to value a case, when to know if mediation will be productive, a discussion of settlement terms and trends in court approval of class action settlements and practice tips from the top mediators, including a retired judge, who have both presided over and settled data privacy and security breach class action suits.
o Identifying key settlement terms and dollar trends in data privacy, security breach and TCPA class action suits
o Mediation strategy – to what extent are mediation discussions cabined by the latest cases approved by the courts?
o Unique mediation issues in cybersecurity, data privacy and TCPA class action suits
o Identifying cases that are well suited to mediation – and those are not
o Why plaintiffs’ counsel prefer mediation
o Alternative ADR options besides mediation
Ian C. Ballon, Panel Leader; Scott A. Kamber, Jeff Kichaven, Christine M. Reilly, Hon. James Ware (Ret.)

5:00 Adjourn

Chairperson(s)
Ian C. Ballon ~ Co-Chair, Global IP & Technology Practice Group, Greenberg Traurig, LLP
Speaker(s)
Hon. Laurel Beeler ~ United States Magistrate Judge, United States District Court, Northern District of California
Timothy G Blood ~ Blood Hurst & O'Reardon, LLP
Hon. James Donato ~ Magistrate Judge, United States District Court, Northern District of California
Jordan S. Elias ~ Girard Gibbs LLP
Hon. Andrew J. Guilford ~ District Judge, United States District Court, Central District of California
Robert J. Herrington ~ Greenberg Traurig LLP
Hon. Marilyn L. Huff ~ District Judge, United States District Court, Southern District of Callifornia
Scott A. Kamber ~ KamberLaw, LLC
Jeff Kichaven ~ Jeff Kichaven Commerical Mediation
Jonathan R. Mayer ~ Legislative Fellow, Office of Senator Kamala D. Harris
Hon. Loretta A. Preska ~ Senior District Judge, United States District Court, Southern District of New York
Christine M. Reilly ~ Manatt Phelps & Phillips LLP
Rosemarie T. Ring ~ Munger Tolles & Olson LLP
Hon. James Ware (Ret.) ~ Mediator and Arbitrator, JAMS
Program Attorney(s)
Ivo Mijac ~ Senior Program Manager, California, PLI
General credit information about this format appears below. For credit information specific to this program, please choose your jurisdiction(s) in the Credit Information box on the right-hand side of this page.

PLI’s live and on-demand webcasts are single-user license products intended for an individual registrant only. Credit will be issued only to the individual registered. If two or more individuals wish to participate in a webcast and receive credit, PLI would be happy to provide a Groupcast – group viewing of a webcast. To schedule a Groupcast, please contact PLI at groupcasts@pli.edu.


U.S. MCLE States

Alabama:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

Alaska:  All PLI products can fulfill Alaska’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Arizona:  PLI’s live webcasts qualify as “interactive CLE” credit. There is no limit to the number of credits an attorney can earn via interactive CLE programs.

Arkansas:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

California:  PLI’s live webcasts qualify as “participatory” credit. There is no limit to the number of credits an attorney can earn via participatory programs.

Colorado:  All PLI products can fulfill Colorado’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Connecticut: Effective January 1, 2017, all PLI products can fulfill Connecticut’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Delaware:  PLI’s live webcasts qualify as “eCLE” credit. Attorneys are limited to 12 credits of eCLE per reporting period.

Florida:  All PLI products can fulfill Florida’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Georgia:  PLI’s live webcasts qualify as “in-house” credit. Attorneys are limited to 6 in-house credits per reporting period.

Hawaii:  All PLI products can fulfill Hawaii’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Idaho:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

Illinois:  All PLI products can fulfill Illinois' CLE requirements for experienced attorneys. There is no limit to the number of credits an attorney can earn via PLI products.

Indiana:  PLI’s live webcasts qualify as “distance education” credit. Attorneys are limited to 9 credits of distance education per reporting period.

Iowa:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

Kansas:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

Kentucky:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

Louisiana:  PLI’s live webcasts qualify as “self-study” credit. Attorneys are limited to 4 credits of self-study per reporting period.

Maine:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

Minnesota:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

Mississippi:  PLI’s live webcasts qualify as “distance learning” credit. Attorneys are limited to 6 credits of distance learning per reporting period.

Missouri:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

Montana:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

Nebraska:  PLI’s live webcasts qualify as “computer-based learning” credit. Attorneys are limited to 5 credits of computer-based learning per reporting period.

Nevada:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

New Hampshire:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

New Jersey:  PLI’s live webcasts qualify as “alternative verifiable learning formats” credit. Attorneys are limited to 12 credits of alternative verifiable learning formats per reporting period.

New Mexico:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

New York

Experienced Attorneys:  All PLI products can fulfill New York’s CLE requirements for experienced attorneys. There is no limit to the number of credits an attorney can earn via PLI products.

Newly Admitted Attorneys:  PLI’s transitional live webcasts can be used to fulfill the requirements for New York newly admitted attorneys. Ethics credit, professional practice credit, and law practice management credit may be earned via transitional live webcasts. Skills credits may not be earned via live webcasts.

North Carolina:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

North Dakota:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

Ohio:  PLI’s live webcasts qualify as “self-study” credit. Attorneys are limited to 12 credits of self-study per reporting period.

Oklahoma:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

Oregon:  All PLI products can fulfill Oregon’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Pennsylvania:  PLI’s live webcasts qualify as “distance learning” credit. Attorneys are limited to 6 credits of distance learning per reporting period.

Puerto Rico:  PLI’s live webcasts qualify as “non-traditional” credit. Attorneys are limited to 8 credits of non-traditional programs per reporting period.

Rhode Island:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

South Carolina:  PLI’s live webcasts qualify as “alternatively delivered” credit. Attorneys are limited to 6 credits of alternatively delivered programs per reporting period.

Tennessee:  PLI’s live webcasts qualify as “distance learning” credit. Attorneys are limited to 8 credits of distance learning per reporting period.

Texas:  All PLI products can fulfill Texas’ CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Utah:  PLI’s live webcasts qualify as “self-study” credit. Attorneys are limited to 12 credits of self-study per reporting period.

Vermont:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

Virgin Islands:  All PLI products can fulfill the Virgin Islands’ CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Virginia:  PLI’s live webcasts qualify as “live interactive” credit. There is no limit to the number of credits an attorney can earn via live interactive programs.

Washington:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

West Virginia:  PLI’s live webcasts qualify as “online” credit. Attorneys are limited to 12 credits of online instruction per reporting period.

Wisconsin:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

Wyoming:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

CPD Jurisdictions

British Columbia (CPD-BC):  PLI’s live webcasts qualify as “real-time” credit. There is no limit to the number of credits an attorney can earn via real-time programs.

Ontario (CPD-ON):  PLI’s live webcasts qualify as “interactive” credit. There is no limit to the number of credits an attorney can earn via interactive programs.

Quebec (CPD-QC):  PLI’s live webcasts can fulfill Quebec’s CPD requirements.

Hong Kong (CPD-HK):  PLI’s live webcasts qualify as “distance learning” credit. Attorneys are limited to 15 points of distance learning programs per reporting period.

United Kingdom (CPD-UK):  PLI’s live webcasts can fulfill the United Kingdom’s CPD requirements.

Australia (CPD-AUS):  PLI’s live webcasts may fulfill Australia’s CPD requirements. Credit limits for live webcasts vary according to jurisdiction. Please refer to your jurisdiction’s CPD information page for specifics.

Other Credit Types

CPE Credit (NASBA):  PLI’s live webcasts qualify as “Group-Internet-Based” (GIB) credit.

IRS Continuing Education (IRS-CE):  PLI’s live webcasts may fulfill IRS-CE requirements. To request IRS-CE credit, please notify PLI at plicredits@pli.edu of your request and include your Preparer Tax Identification Number (PTIN).

Certified Fraud Examiner CPE:  PLI’s live webcasts may fulfill Certified Fraud Examiner CPE requirements. To request CPE credit or find out which programs offer CPE, please contact PLI at plicredits@pli.edu.

IAPP Continuing Privacy Credit (CPE):  PLI’s live webcasts may fulfill Privacy CPE credit requirements.

HR Recertification (HRCI):  PLI’s live webcasts may fulfill HR credit requirements.

SHRM Recertification (SHRM):  PLI’s live webcasts qualify as "instructor-led" credit. There is no limit to the number of credits an SHRM professional can earn via instructor-led programs.

Compliance Certification Board (CCB):  PLI’s live webcasts qualify as “live” training events. There is no limit to the number of credits a candidate or certification holder can earn via live programs.

Certified Anti-Money Laundering Specialists (CAMS):  PLI’s live webcasts may fulfill CAMS credit requirements.

New York State Social Worker Continuing Education (SW CPE):  PLI’s live webcasts may fulfill SW CPE credit requirements.

American Bankers Association Professional Certification (ABA):  PLI’s live webcasts may fulfill ABA credit requirements.

 

Why You Should Attend
More so than ever, cybersecurity and data privacy concerns keep General Counsel and business executives up at night. Much of the legal regime in the United States is determined through class action litigation. This program covers the latest technologies, legal trends and strategies – both for litigators and in-house counsel who hope to avoid litigation. Presented by some of the most creative and experienced plaintiffs' counsel and defense litigators, mediators and federal court judges, this program will highlight not only the law but practical strategy employed to fight, win, settle and deter cybersecurity, data privacy and TCPA class action suits.

This advanced program will include a technology tutorial designed to identify the latest threats and challenges, an exhaustive year-in-review update on the latest cases, circuit splits and trends, extensive discussion of strategy on multiple panels featuring top lawyers and judges in the field, and very granular discussions of the latest class certification, motion practice and settlement trends, and techniques for valuing different types of cases.

This program has been carefully planned as a one day symposium – not a series of separate panels. To get the full benefit, you should attend every session in the order in which they are presented to fully benefit from this advanced seminar.  Those attending live will also have the opportunity to interact and mingle with the judges and lawyer panelists between sessions.

Join our expert faculty for advanced guidance on the latest legal trends, procedural pitfalls and opportunities in anticipating, avoiding, and ultimately successfully defending security breach, data privacy and TCPA class action litigation.

What You Will Learn
• Learn the technologies, business practices and mistakes that lead to cybersecurity breach and data privacy cases, and the best practices for defending class action litigation
• Understand how courts in different parts of the country are analyzing standing issues post-Spokeo, including how Spokeo impacts novel theories and claims, as well as emerging issues involving personal jurisdiction, venue and removal to/remand from federal court
• Learn about the latest circuit splits and trends involving VPPA, ECPA, CFAA, TCPA, as well as California and other state law claims and defenses (including state biometrics and security breach laws)
• Hear how plaintiffs’ counsel, defense counsel and leading mediators value cases – and how these valuations impact your ability to settle cases
• Listen to leading judges about what they like to see in court filings and appearances and how you can improve your position in litigation and win your case through motion practice
• Consider the latest class certification issues, trends and strategies
• Analyze the typical provisions in data privacy, security breach and TCPA class action settlements and identify the ones more closely scrutinized by the courts

Who Should Attend
• In-house counsel at companies that face security cybersecurity breach, data privacy and TCPA exposure
• Litigators and transactional lawyers who defend or advise clients on data privacy, security breaches and advertising law, including TCPA issues
• Chief Information Security Officers, Chief Privacy Officers and others responsible for data privacy and security compliance


PLI Group Discounts

Groups of 4-14 from the same organization, all registering at the same time, for a PLI program scheduled for presentation at the same site, are entitled to receive a group discount. For further discount information, please contact membership@pli.edu or call (800) 260-4PLI.

PLI Can Arrange Group Viewing to Your Firm

Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.

Cancellations

All cancellations received 3 business days prior to the program will be refunded 100%. If you do not cancel within the allotted time period, payment is due in full. You may substitute another individual to attend the program at any time.

9:00 Program Overview
Ian C. Ballon

9:15 Advanced Forensics Technology Tutorial: What Lawyers Need to Understand to Litigate Data Privacy and Cybersecurity
The technology challenges facing companies in 2018 are different and more complex than ever before. To successfully litigate security breach and data privacy cases, lawyers need to be conversant in the underlying technology and understand past, current and emerging threats. This advanced tutorial will “look under the hood” at what happened in major data privacy and security breach cases in the recent past and provide essential guidance on what lawyers need to look for and understand from technologists and expert witnesses to litigate data privacy and security cases successfully.
Jonathan R. Mayer

10:15 A Strategic Briefing in Data Privacy, Security Breach and TCPA Class Action Case Substantive Law, Circuit Splits, Trends and Strategies to Defeat These Cases
A one-day briefing on the substantive law, trends and circuit splits in the law of data privacy, security breach and TCPA class action suits compressed into a tightly organized 60-minute presentation covering all of the major cases and trends, based on more than 100 pages of case law analysis that complements this presentation. Among the issues that will be addressed are:
o The anatomy of litigating and winning data privacy, security breach and TCPA class action suits – what strategies are the same and which ones should be different
o Security breach standing, liability, damages, causation and class issues
o State biometric privacy laws, the Electronic Communications Privacy Act, Computer Fraud and Abuse Act, Video Privacy Protection Act, and State Laws 
o Latest issues in online and mobile contract formation and arbitration enforcement
o Circuit splits, trends in the law and legal issues to anticipate in cases not yet filed
o Exhaustive analysis of all of the major cases and trends, expertly organized
Ian C. Ballon

11:15 Networking Break

11:30 Personal Jurisdiction, Venue, Standing Post-Spokeo and Issues of Remand/Removal: New Case Law and Trends in Privacy, Security Breach and TCPA Litigation
This panel will address the U.S. Supreme Court’s decision in Spokeo and how it is being interpreted by federal courts in data privacy, security breach and TCPA class action suits. Topics will include circuit splits and different approaches taken by courts under the different theories of law that typically are raised in security breach and data privacy cases, including trends and strategy that litigators and in-house counsel should be aware of and understand.
Hon. Laurel Beeler, Timothy G. Blood, Rosemarie T. Ring

12:30 Lunch Break

1:45 Class Certification in Data Privacy, Cybersecurity Breach and TCPA Class Action Suits
A panel comprised of a top plaintiff’s lawyer and top defense counsel will discuss and debate the significance of recent case law, circuit splits and trends in data privacy, cyber security breach and TCPA class action suits. The panel will also discuss equitable relief only classes, liability and settlement classes, focusing on arguments specific to privacy, security and TCPA cases. This will be an advanced program for experienced litigators but will be presented with an eye towards informing both general litigators and transactional privacy and cybersecurity lawyers about the unique issues involved in class certification, how they play out in privacy and security cases and most importantly what companies can do to minimize the risk of class certification.
Jordan Elias, Robert J. Herrington

2:45 Hearing from the Judges: A Panel Presentation on How Judges Want Parties to Litigate Data Privacy, Security Breach Class Action Suits
A panel of judges will address how they would like parties to litigate data privacy, security breach and TCPA class action suits. In addition to prepared remarks, the judges are looking forward to audience questions and meaningful interaction with both live and online participants. Among the issues they will discuss are:
o How should technology issues be presented to judges and juries?
o Motions to Dismiss: getting it right
o Class Certifications do’s and don’ts
o Case management preferences
o Pet peeves
Ian C. Ballon, Panel Leader; Hon. James Donato, Hon. Andrew J. Guilford, Hon. Marilyn L. Huff, Hon. Loretta A. Preska

3:45 Networking Break

4:00 Mediation and Settlement Strategies for Data Security, Data Privacy and TCPA Class Action Suits
Most data privacy, security breach and TCPA class action suits that get past a motion to dismiss end up in mediation.  A panel comprised of a retired judge who mediates disputes and both a plaintiff’s lawyer and defense counsel will thoroughly analyze the unique issues that arise in data privacy, security breach and TCPA class action suits, including how to value a case, when to know if mediation will be productive, a discussion of settlement terms and trends in court approval of class action settlements and practice tips from the top mediators, including a retired judge, who have both presided over and settled data privacy and security breach class action suits.
o Identifying key settlement terms and dollar trends in data privacy, security breach and TCPA class action suits
o Mediation strategy – to what extent are mediation discussions cabined by the latest cases approved by the courts?
o Unique mediation issues in cybersecurity, data privacy and TCPA class action suits
o Identifying cases that are well suited to mediation – and those are not
o Why plaintiffs’ counsel prefer mediation
o Alternative ADR options besides mediation
Ian C. Ballon, Panel Leader; Scott A. Kamber, Jeff Kichaven, Christine M. Reilly, Hon. James Ware (Ret.)

5:00 Adjourn

Chairperson(s)
Ian C. Ballon ~ Co-Chair, Global IP & Technology Practice Group, Greenberg Traurig, LLP
Speaker(s)
Hon. Laurel Beeler ~ United States Magistrate Judge, United States District Court, Northern District of California
Timothy G Blood ~ Blood Hurst & O'Reardon, LLP
Hon. James Donato ~ Magistrate Judge, United States District Court, Northern District of California
Jordan S. Elias ~ Girard Gibbs LLP
Hon. Andrew J. Guilford ~ District Judge, United States District Court, Central District of California
Robert J. Herrington ~ Greenberg Traurig LLP
Hon. Marilyn L. Huff ~ District Judge, United States District Court, Southern District of Callifornia
Scott A. Kamber ~ KamberLaw, LLC
Jeff Kichaven ~ Jeff Kichaven Commerical Mediation
Jonathan R. Mayer ~ Legislative Fellow, Office of Senator Kamala D. Harris
Hon. Loretta A. Preska ~ Senior District Judge, United States District Court, Southern District of New York
Christine M. Reilly ~ Manatt Phelps & Phillips LLP
Rosemarie T. Ring ~ Munger Tolles & Olson LLP
Hon. James Ware (Ret.) ~ Mediator and Arbitrator, JAMS
Program Attorney(s)
Ivo Mijac ~ Senior Program Manager, California, PLI

San Francisco Seminar Location

PLI California Center, 685 Market Street, San Francisco, California 94105. (800) 260-4754.

San Francisco Hotel Accommodations

Park Central Hotel, 50 Third Street, San Francisco, CA 94103. 415-974-6400. When calling, please mention PLI and SET#287179. In addition, you may book online at Park Central Hotel PLI.

Omni Hotel San Francisco, 500 California Street, San Francisco, CA 94104. 415-677-9494.  When calling, please mention Practising Law Institute.  You may also book online at PLI Omni Hotel 2017.

Due to high demand we recommend reserving hotel rooms as early as possible.

General credit information about this format appears below. For credit information specific to this program, please choose your jurisdiction(s) in the Credit Information box on the right-hand side of this page.


U.S. MCLE States

Alabama: PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Alaska:  All PLI products can fulfill Alaska’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Arizona:  PLI’s live seminars qualify as “interactive CLE” credit. There is no limit to the number of credits an attorney can earn via interactive CLE programs.

Arkansas:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

California:  PLI’s live seminars qualify as “participatory” credit. There is no limit to the number of credits an attorney can earn via participatory programs.

Colorado:  All PLI products can fulfill Colorado’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Connecticut: Effective January 1, 2017, all PLI products can fulfill Connecticut’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Delaware:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Florida:  All PLI products can fulfill Florida’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Georgia:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Hawaii:  All PLI products can fulfill Hawaii’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Idaho:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Illinois: All PLI products can fulfill Illinois' CLE requirements for experienced attorneys. There is no limit to the number of credits an attorney can earn via PLI products.

Indiana:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Iowa:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Kansas:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live programs.

Kentucky:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Louisiana:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Maine:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Minnesota:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Mississippi:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Missouri:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Montana:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Nebraska:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Nevada:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

New Hampshire:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

New Jersey:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

New Mexico:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

New York

Experienced Attorneys:  All PLI products can fulfill New York’s CLE requirements for experienced attorneys. There is no limit to the number of credits an attorney can earn via PLI products.

Newly Admitted Attorneys:  PLI’s transitional live seminars can be used to fulfill the requirements for newly admitted attorneys. All credit categories may be earned via transitional live seminars.

North Carolina:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars

North Dakota:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Ohio:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Oklahoma:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Oregon:  All PLI products can fulfill Oregon’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Pennsylvania: PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Puerto Rico:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Rhode Island:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

South Carolina:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Tennessee:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Texas:  All PLI products can fulfill Texas’ CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Utah:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Vermont:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Virgin Islands:  All PLI products can fulfill the Virgin Islands’ CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Virginia:  PLI’s live seminars qualify as “live interactive” credit. There is no limit to the number of credits an attorney can earn via live interactive programs.

Washington:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

West Virginia:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Wisconsin:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Wyoming:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

CPD Jurisdictions

British Columbia (CPD-BC):  PLI’s live seminars qualify as “real-time” credit. There is no limit to the number of credits an attorney can earn via real-time programs.

Ontario (CPD-ON):  PLI’s live seminars qualify as “interactive” credit. There is no limit to the number of credits an attorney can earn via interactive programs.

Quebec (CPD-QC): PLI’s live seminars can fulfill Quebec’s CPD requirements.

Hong Kong (CPD-HK):  PLI’s live seminars qualify as “live” credit. There is no limit to the number of points an attorney can earn via live seminars.

United Kingdom (CPD-UK):  PLI’s live seminars can fulfill the United Kingdom’s CPD requirements.

Australia (CPD-AUS):  PLI’s live seminars qualify as “live” credit in all Australian jurisdictions. There is no limit to the number of credits an attorney can earn via live seminars.

Other Credit Types

CPE Credit (NASBA): PLI’s live seminars qualify as “Group-Live delivery” credit.

IRS Continuing Education (IRS-CE): PLI’s live seminars may fulfill IRS-CE requirements. To request IRS-CE credit, please notify PLI at plicredits@pli.edu of your request and include your Preparer Tax Identification Number (PTIN).

Certified Fraud Examiner CPE:  PLI’s live seminars may fulfill Certified Fraud Examiner CPE requirements. To request CPE credit or find out which programs offer CPE, please contact PLI at plicredits@pli.edu.

IAPP Continuing Privacy Credit (CPE):  PLI’s live seminars may fulfill Privacy CPE credit requirements.

HR Recertification (HRCI):  PLI’s live seminars may fulfill HR credit requirements.

SHRM Recertification (SHRM):  PLI’s live seminars qualify as "instructor-led" credit. There is no limit to the number of credits an SHRM professional can earn via instructor-led programs.

Compliance Certification Board (CCB):  PLI’s live seminars qualify as “live” training events. There is no limit to the number of credits a candidate or certification holder can earn via live programs.

Certified Anti-Money Laundering Specialists (CAMS):  PLI’s live seminars may fulfill CAMS credit requirements.

New York State Social Worker Continuing Education (SW CPE):  PLI’s live seminars may fulfill SW CPE credit requirements.

American Bankers Association Professional Certification (ABA):  PLI’s live seminars may fulfill ABA credit requirements.

 

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Great topic. Great presenters.”
Sara Merkert, Ocwen Financial

Love all the real-world information and examples. Discussion of the highest level.”
Margo Lynn Hablutzel, Computer Sciences Corporation


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