Seminar  Program

Advanced Data Privacy, Cybersecurity and TCPA Class Action Litigation 2019


Why You Should Attend

Cybersecurity and data privacy concerns continue to keep General Counsel, board members and C-level executives up at night. While developments in Europe have dominated the news in 2018, much of the legal regime in the United States is determined through class action litigation.

Presented by some of the most creative and experienced plaintiffs’ counsel and defense litigators, mediators and federal court judges, this advanced program will highlight the latest technologies, legal trends and best practices for companies to account for in their practical strategies to fight, win, settle and deter cybersecurity, data privacy and TCPA class action suits.

Discussion 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.

What You Will Learn

  • Learn the technologies, business practices and mistakes that have led to some of the more significant recent cybersecurity breach and data privacy cases
  • Understand how courts in different parts of the country are analyzing standing issues post-Spokeo
  • Learn about the latest circuit splits and trends involving VPPA, ECPA, CFAA, TCPA, as well as California and other state biometric, breach notice and other laws and defenses
  • Hear how plaintiffs’ counsel, defense counsel and leading mediators value cases
  • Listen to leading judges as they offer guidance on court filings and appearances and best practices to  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

 Who Should Attend

This program will be of interest to general counsel and 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; and chief information security officers, chief privacy officers and other allied professionals responsible for data privacy and security compliance.

Program Level: Overview

Intended Audience: This program will be of interest to general counsel and 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; and chief information security officers, chief privacy officers and other allied professionals responsible for data privacy and security compliance.

Prerequisites: A fundamental understanding of basic concepts in data privacy, cybersecurity, TCPA class action litigation and the law.

Advanced Preparation: None. 


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.

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.

8:30 Networking Breakfast

9:00 Opening Remarks

Ian C. Ballon



9:15 Advanced Data Breach and Privacy Forensic Technology: A Tutorial for Figuring Out the Who, What, Where and Why

The technology challenges facing companies in 2019 are different and more complex than ever before. To successfully litigate cybersecurity 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 recent data privacy and security breach cases 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.

Serge Egelman



10:15 Successful Defense Strategies in Data Privacy, Cybersecurity Breach and TCPA Class Action Suits –The Past Year in Review

This session will cover the major cases and trends from the past year in the law of data privacy, security breach and TCPA class action suits. Based on more than 100 pages of case law analysis, discussions will include:

  • The latest case law updates and trends in cybersecurity and data breach litigation
  • ECPA, VPPA, CFAA and other federal and state claims
  • New developments in Article III standing 
  • Circuit splits on what is an ATDS, privacy law and other issues
  • California’s CaCPA -- how it will impact privacy litigation
  • Illinois Biometric Information Privacy Act
  • TCPA circuit splits, the fallout from ACA and the impact of new fast track rules for litigation

Ian C. Ballon



11:15 Networking Break

11:30 Class Certification in Data Privacy, Cybersecurity and TCPA Litigation
  • The latest issues in class certification
  • Formation challenges in the context of motions to compel arbitration under Concepcion
  • Impact of Bristol-Myers on nationwide class allegations
  • Spokeo standing challenges in removed class actions
  • Cy Pres settlements and the Supreme Court’s decision in Gaos
  • Impact of amendments to Rule 23

Robert J. Herrington



12:30 Lunch

1:45 Hearing from the Judges: How Judges Want Parties to Litigate Data Privacy, Security Breach Class Action Suits

A panel of distinguished judges will address the manner in which they would like parties to litigate data privacy, security breach and TCPA class action suits. Among the issues they will discuss are:

  • How should technology issues be presented to judges and juries?
  • Motions to Dismiss: getting it right
  • Class certifications do’s and don’ts
  • Case management preferences
  • Pet peeves

Ian C. Ballon, Panel Leader; Hon. Gonzalo P. Curiel, Hon. Gary S. Feinerman



2:45 Cybersecurity and Data Privacy Litigation: Varied Perspectives and Approaches
  • Trends in Article III standing
  • California's CaCPA
  • EU litigation under the GDPR - the next frontier for class action litigators
  • In-house perspectives
  • Technology challenges viewed from the bench

Ian C. Ballon, Panel Leader; Hon. Laurel Beeler, Rob Corbet, Rosemarie T. Ring, Ray Sardo



3:45 Networking Break

4:00 TCPA Litigation: New Strategies for a Changing Environment
  • Latest case law
  • Proving consent and what is an ATDS
  • The use of experts
  • Settlement trends
  • FCC update

Ian C. Ballon, Panel Leader; Travis LeBlanc, Christine M. Reilly



5:00 Adjourn

Chairperson(s)
Ian C. Ballon ~ Greenberg Traurig, LLP
Speaker(s)
Hon. Laurel Beeler ~ Magistrate Judge, United States District Court, Northern District of California
Rob Corbet ~ Arthur Cox
Hon. Gonzalo P. Curiel ~ District Judge, United States District Court, Southern District of California
Serge Egelman ~ Research Director, Usable Security & Privacy Group, International Computer Science Institute (ICSI); UC Berkeley
Hon. Gary S. Feinerman ~ District Judge, United States District Court, Northern District of Illinois
Robert J. Herrington ~ Greenberg Traurig, LLP
Travis LeBlanc ~ Boies Schiller & Flexner LLP
Christine M. Reilly ~ Manatt, Phelps & Phillips, LLP
Rosemarie T. Ring ~ Munger, Tolles & Olson LLP
Ray Sardo ~ Senior Privacy and Compliance Counsel, Credit Karma
Program Attorney(s)
Ivo Mijac ~ Senior Program Manager, California, PLI
Aruba Networks (A Hewlett Packard Enterprise Company), 3333 Scott Blvd., Santa Clara, CA 95054.

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

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

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

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.

Alberta (CPD-ALBERTA):  All PLI products can fulfill Alberta’s CPD requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Dubai (CLPD-DUBAI):  PLI’s live seminars may fulfill CLPD credit requirements.

Other Credit Types

CPE Credit (NASBA): PLI’s live seminars qualify as the “Group-Live” delivery method. Please check the Credit Information box on the right-hand side of this page to verify CPE credit availability.

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.

Certified Financial Planners (CFP):  PLI’s live seminars may fulfill CFP credit requirements.

 

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