Presenting a live 90 ‐ minute webinar with interactive Q&A Class Actions on Data Breach Class Actions on Data Breach and Privacy on the Rise Litigating Class Claims, Alleging and Challenging Damages, and Evaluating Insurance Coverage WEDNES DAY, DECEMBER 7, 2011 1pm Eastern | 12pm Central | 11am Mountain | 10am Pacific Today’s faculty features: Today s faculty features: Donna L. Wilson, Partner, Buckley Sandler , S anta Monica, Calif. Tracy D. Rezvani, Partner, Finkelstein Thompson , Washington, D.C. Linda D. Kornfeld, Partner, Jenner & Block , Los Angeles The audio portion of the conference may be accessed via the telephone or by using your computer's speakers. Please refer to the instructions emailed to registrants for additional information. If you have any questions, please contact Customer Service at 1-800-926-7926 ext. 10 .
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Data Breach and Privacy Litigation December 2011 Tracy Rezvani Finkelstein Thompson t trezvani@finkelsteinthompson.com i@fi k l t i th 202.337.8000 Donna L. Wilson BuckleySandler LLP dwilson@buckleysandler.com 424.203.1010
Note that the information herein is presented Note that the information herein is presented collectively, and does not necessarily reflect or encompass the view points of the or encompass the view points of the presenters, or of their respective clients and firms firms. 6
About Donna L. Wilson Donna L. Wilson is a partner in the Los Angeles office of BuckleySandler LLP, where she leads the Firm’s West Coast litigation practice. Ms. Wilson represents all forms of traditional and non-traditional financial services providers, including banks, mortgage companies, national retailers, franchisors, telecommunications and media companies, in a variety of privacy and information security, fair credit and state unfair and deceptive trade practice matters. In addition, Ms. Wilson assists corporate and individual policyholders in obtaining coverage in disputes ranging from individual f directors/officers for defense costs, claims for coverage for alleged privacy and data breaches, as well as defense and liability costs for mass torts such as lead pigment and asbestos. Regardless of the context, Ms. Wilson’s unique experience litigating on behalf of plaintiffs -- including class action and corporate plaintiffs – leads to a non- linear litigation approach that offers efficiency and creativity. li li i i h h ff ffi i d i i Ms. Wilson writes and lectures extensively on class action litigation, privacy and data breach issues, and insurance coverage. Prior to joining BuckleySandler, Ms. Wilson was the co-chair of the Consumer Financial Services group at Kelley Drye & Warren LLP, and a litigator in its Privacy and Data Security Group. She also was a founding partner of that firm’s Insurance Recovery Group. 7
ABOUT TRACY REZVANI Tracy D. Rezvani joined Finkelstein Thompson LLP in September 1996 and practices in the fields of consumer, antitrust and securities fraud litigation. She is a 1996 graduate of the George Washington University Law School. At George Washington, Ms. Rezvani was a member editor of The George Washington Journal of International Law & Economics. She is the Consumer Chair of the District of Columbia ’ s Bar Antitrust and Consumer Steering Committee. Ms. Rezvani writes and speaks regularly bi ’ B C l A i d C S i C i M R i i d k l l regarding consumer litigation. Her presentations include: Legal Webinar Group of Strafford Publications: Class Actions on Data Breach and Privacy on the Rise (December 7, 2011) Data Breached Data Breached - Coming to a Network Near You: Security & Privacy Seminar Series (October 26, 2011) Coming to a Network Near You: Security & Privacy Seminar Series (October 26 2011) DC Bar Continuing Legal Education Program: The Grayson Decision and Beyond (March 1, 2011) DC Bar Continuing Legal Education Program: Developments in Class Action Litigation 2010 (December 9, 2010) The NetDiligence Cyber Risk & Privacy Liability Forum: Data Breach Liability: An Unstable Legal The NetDiligence Cyber Risk & Privacy Liability Forum: Data Breach Liability: An Unstable Legal Environment (HB Litigation Conference June 7, 2010). 8
Is It A New Dawn for Plaintiffs Bringing Privacy Class Action Is It A New Dawn for Plaintiffs Bringing Privacy Class Action Cases or Simply Groundhog’s Day? Plaintiff Introduction/View Plaintiff Introduction/View Defense Introduction/View 9
Article III Standing Versus the Requisite Damages Element – Article III Standing Versus the Requisite Damages Element A Distinction Without A Difference or Something More? The Ninth Circuit has found standing in data breach cases: g In Krottner v. Starbucks , the Ninth Circuit ultimately dismissed the negligence claim for lack of “actual loss or damages” under Washington law but ruled in a published decision that “generalized anxiety and stress” resulting from a data breach is sufficient to confer Article III standing. 628 F.3d 1139 (9th Cir. 2010) In Ruiz v. Gap , 380 F. App x 689 (9th Cir. 2010), the Ninth Circuit reached a similar result, In Ruiz v Gap 380 F App’x 689 (9th Cir 2010) the Ninth Circuit reached a similar result finding that while plaintiffs’ increased risk of identity theft was not appreciable harm to sufficiently allege damages for negligence, plaintiffs had nevertheless sufficiently alleged injury-in-fact for Article III. The Seventh Circuit has also recognized standing: In Pisciotta v. Old Nat’l Bancorp , 499 F.3d 629 (7th Cir. 2007), the court concluded that a plaintiff had standing to bring negligence-based claims by virtue of “a threat of future harm or by an act which harms the plaintiff only by increasing the risk of future harm that the plaintiff would have otherwise faced, absence the defendants' actions.” 10
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