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Posts Tagged ‘privacy’

Anyone still checking this site will have noticed a complete lack of new content lately, which is mostly the result of pure laziness on my part but partially due to the demands of several other writing projects I’ve been working on.  I’m pleased to announce that one of these articles it out, and the folks at Practical Law the Journal have graciously given permission for me to post a reprint here.  Click the following link to view the article, entitled Key Issues in Data Breach Litigation, which is featured in the October 2014 issue.  Please be sure to visit the Practical Law website to learn how to subscribe to more great content on timely legal topics.

Also, speaking of data privacy litigation, I’ll be part of a panel presenting on the topic at the ABA Institute on Class Actions next week in Chicago.  It’s not too late to register.

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The ABA-sponsored annual National Institute on Class Actions is the premier CLE conference focusing on class action trends.  This year’s event will be held on October 23 and 24 in Chicago.  I will be participating on a panel discussing trends in privacy class actions, and there are a variety of other excellent panel presentations scheduled, including a program on business development for both plaintiff’s and defense attorneys.  This year’s Showcase Program is a Town Hall Meeting with the Rule 23 Subcommittee of the Advisory Committee on Civil Rules, so if you would like to have some input into the future of Rule 23, you’d best be in attendance!   For those of you who are new to class actions, Dan Karon and Drew McGuinness are reprising their second-to-none Class Actions 101 program.

For more information and to sign up for this excellent program, please click the link below.

http://shop.americanbar.org/eBus/Default.aspx?TabID=1444&productId=211246

 

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Readers, don’t miss this exciting upcoming regional CLE program in San Francisco.  It’s a great opportunity to network with judges, academics, in-house lawyers and private practitioners who share a passion for class actions and mass tort litigation.  See below for a link to the registration page.  Hope to see you there!

CLICK HERE FOR MORE INFORMATION AND TO REGISTER

Who’s in Charge Here?: The Role of Lawyers, Clients, Insurers, and Judges in Class Actions and Mass Tort Litigation

Presented by the Class Actions and Derivatives Suits, Consumer Litigation, and Mass Torts Committees

Date and Time: Thursday, June 19, 2014, 12:00pm – 7:00pm

Location: University of San Francisco Law School, San Francisco, CA

Synopsis:

The Gulf Oil Spill, the 9-11 terrorist attacks, massive product recalls and credit card data breaches—these and other large-scale conflicts generate correspondingly massive litigation, requiring courts, parties, attorneys, and insurers to adapt to increasingly complex challenges. For this half-day CLE event, we have assembled a distinguished group of judges, academics, mediators, and counsel to discuss some of the most pressing issues facing the various stakeholders.

Our all-star panels will explore ethical and other standards for selecting and evaluating named class representatives; coverage and other current issues surrounding consumer data breach class actions; the balancing of individual plaintiffs’ interests in settlement of mass tort cases; and cutting-edge case management techniques gleaned for among the most tragic mass disasters of our time—the 9-11 attacks and the Gulf Oil Spill.

We are pleased to feature the Hon. Alvin Hellerstein, U.S. District Court for the S.D. of New York—who presided over the 9-11 cases; the Hon. Jon Tigar of the U.S. District Court for the N.D. of California; Tara Kelly, inside counsel at British Petroleum (Houston); Prof. Deborah Hensler of Stanford Law School; Assoc. Dean Joshua Davis of the University of San Francisco School of Law; and Jocelyn Larkin, Executive Director of the Impact Fund (Berkley), among our distinguished panelists. Lunch will be provided, and the program will be followed by a sponsored cocktail hour, providing ample opportunities for networking. Come join us for an enlightening afternoon.

Program Highlights:

  • Whose Class Is It Anyway? –The Policy, Practice, and Ethics Behind the Search for Named Plaintiffs (Ethics CLE Credit Applied for)
  • Recent Developments in Data Privacy Class Actions and Insurance Coverage
  • It’s The Trees Not the Forest – Considering Individual Interests in Mass Torts Settlements
  • Judicial Quasi-Class Actions – Managing MDL and mass tort litigation through judicial control over the appointment of lead counsel, attorneys’ fees, and cost-shifting

Faculty:

  • Hon Alvin K. Hellerstein, U.S. District Court of the Southern District of New York
  • Hon Jon S. Tigar, U.S. District Court for the Northern District of California
  • Professor Joshua Davis, University of San Francisco Law School
  • Professor Deborah Hensler, Stanford University Law School
  • Tara Kelly, British Petroleum, Houston, Texas
  • Thomas Kang, ACE North American Professional Risk, Los Angeles
  • Catherine Yanni, JAMS, San Francisco
  • Jocelyn Larkin, Impact Fund, San Francisco
  • Sheila Birnbaum, Quinn Emanuel Urquhart & Sullivan, New York, New York
  • Paul Karlsgodt, BakerHostetler, Denver, Colorado (Program Co-Chair)
  • Linda D. Kornfeld, Kasowitz, Benson, Torres & Friedman LLP, Los Angeles
  • Karen Menzies, Robinson Calcagnie Robinson Shapiro Davis, Newport Beach
  • Andrew McGuinness, Ann Arbor, Michigan (Program Co-Chair)
  • Rudy Perrino, Walsworth Franklin Bevins & McCall, Los Angeles
  • Rosemarie Ring, Munger, Tolles & Olson LLP, San Francisco
  • Christina Terplan, Clyde & Co., San Francisco
  • Timothy Tomasik, Tomasik Kotin Kasserman, Chicago, Illinois
  • Donna L. Wilson, Manatt, Phelps & Phillips, Los Angeles

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Work commitments have prevented me from posting over the past week, but I wanted to take the opportunity to point out that there have been some notable developments in the privacy class action area over the past week.  Judy Selby covered these developments in a recent blog post for the BakerHostetler Class Action Defense and Data Privacy Monitor blogs.  Selby’s post, titled Hannaford v. comScore – Up and Down Results for Privacy Class Action Defendants, compares and contrasts two recent decisions, one granting and one denying class certification, in privacy cases.

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According to an article in the Korea JoongAng Daily, a Korean court has issued the first ever judgment in a collective action arising out of a data breach caused by alleged mismanagement of the data, as opposed to intentional conduct.  The Seoul Western District Court’s judgment in favor of 2,882 petitioners against SK Communications was for a total of approximately USD 534,200.   Although the amount may be insignificant by U.S. standards, the judgment reflects a key development in the development of both collective litigation and privacy law abroad.

Postscript: for more on the case, see this story published February 19.

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My colleagues at BakerHostetler have put together some great content on several class action-related topics recently that readers should find interesting.

First, the Baker Hostetler Class Action Defense Team issued an executive alert today discussing the Supreme Court’s decision to grant certiorari in another case involving class arbitration waivers.  The alert, titled U.S. Supreme Court Considers Arbitration Clauses and Class Actions Next Year, summarizes the issues to be addressed in Oxford Health Plans LLC v. Sutter.  The alert was authored by newly elected Cleveland Partner Ruth E. Hartman and Class Action Defense Team Leader Ernie Vargo.

Another executive alert, titled Recent Trends in Class Actions for Telephone and Fax Solicitation and Advertising, was issued last week by the Privacy and Data Protection and Class Action Defense Teams.   The alert, authored by my colleague in Denver, Justin Winquist, summarizes the latest trends in class action litigation under the Telephone Consumer Protection Act (TCPA).

Finally, my partner Casie Collignon authored a blog post yesterday with an update on the latest in the ongoing saga of Dukes v. Wal-Mart on remand following the U.S. Supreme Court’s decision.  The post is entitled, California District Court Awaits Class Certification Motion in Wal-Mart.

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Those of you who enjoyed the recent CAB summary of the presentation on privacy class actions at the ABA’s 16th Annual Class Actions Institute will be interested to know that the re-submitted settlement agreement in Fraley v. Facebook, No. No. C 11-1726 RS (N.D. Cal) was preliminarily approved Monday by Judge Richard Seeborg.  Here is a link to a Reuters article by Jessica Dye summarizing the settlement and the court’s decision.

 

 

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