BarbriSFCourseDetails

Course Details

This CLE webinar will discuss significant data privacy and cybersecurity decisions rendered in 2024 and the first part of 2025 and the implications these decisions have for businesses trying to maintain compliance and mitigate risks under the current legal framework. The panel will examine common plaintiffs' claims and theories of harm, provide guidance on proactive steps companies should take to prepare for and defend against potential lawsuits, and look at key litigation trends and developments going into 2025 and beyond.

Faculty

Description

With the rise in the number of data and security breaches, companies are increasingly at risk for a potential lawsuit after a breach occurs. Litigation based on consumer protection laws, breach of contract, negligence, invasion of privacy, and unjust enrichment are just some of the claims being brought by plaintiffs sometimes within just days or weeks after a security incident has occurred.

The number of states that have enacted or introduced legislation to protect consumers' personal data continues to grow. These new state laws present compliance challenges as well as increased litigation risks because many provide a statutory basis for new types of claims against companies that fail to maintain compliance with the new requirements.

Listen as our authoritative panel discusses the recent trends and developments in cybersecurity and data breach litigation and provides guidance for counsel advising clients on compliance and risk mitigation strategies under the evolving legal framework.

Outline

  1. Overview: trends in cybersecurity and data privacy litigation
  2. Key 2024 and early 2025 rulings and current cases to watch as they work their way through state and federal courts
    1. Common plaintiffs' claims or theories of harm: negligence, breach of contract, invasion of privacy, unjust enrichment
    2. State consumer privacy laws
    3. Children's online safety laws
    4. Biometric privacy
    5. Security risks of advanced technologies and AI
    6. Data tracking and the application of older data privacy laws to new technology
    7. Other types of claims
  3. Standing challenges for plaintiffs
  4. Protecting the attorney-client privilege during a breach
  5. Implications of recent cases and strategies businesses should implement to maintain compliance under the evolving legal landscape
  6. What to expect in 2025 and beyond

Benefits

The panel will review these and other key considerations:

  • What were the key cybersecurity and data privacy litigation trends and developments in the last year?
  • What proactive steps can companies take to mitigate the impact of a data or security breach and prepare for or defend against a potential lawsuit?
  • What are key trends and developments to watch for in this area for 2025 and beyond?