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Have We Reached the Tipping Point? Emerging Issues in Data Breach Litigation

Wednesday, April 21, 2021
12:00 PM GMT - 6:00 Central Standard Time (US & Mexico) - 01:00 PM GMT - 6:00 Central Standard Time (US & Mexico)

Please join us for a complimentary Webinar sponsored by the Business Litigation Committee, Class Actions and Multi-Party Litigation Committee, and Cyber Security, Data Privacy and Technology Committee on Wednesday, April 21, 2021 for (1) hour beginning at: 10:00 AM PDT / 11:00 AM MDT / 12:00 PM CDT / 1:00 PM EDT

Have We Reached the Tipping Point? Emerging Issues in Data Breach Litigation

This Webinar provides an overview of data breach litigation and acquaints members with a critical emerging issue in data breach litigation: whether plaintiffs have adequately pled and ultimately can prove that their alleged harm was caused by a specific data breach. With statistics showing that over half of U.S. citizens already have been victimized by at least one data breach and with additional data breaches seemingly occurring almost daily, it is increasingly likely that many (if not most) victimized individuals have already had, or soon will have, their personal information compromised by multiple data breaches. Indeed, we are likely perilously close to reaching a causation “tipping point” where it is virtually impossible to determine whether a particular data breach incident was the proximate cause of harm to an individual. Consequently, courts in data breach cases increasingly must grapple throughout the litigation with whether plaintiffs’ alleged harm was caused by the specific data breach that spawned the litigation or by some other data breach that also exposed the individuals private information. This program will examine data breach litigation broadly and specifically address the causation arguments that defendants typically assert in response to plaintiffs’ claims. The program will also address related cybersecurity issues such as breach notification requirements and emerging cyber threats.

Key Takeaways:

  1. Proof of causation is problematic for victims of multiple data breaches.
  2. Courts must grapple with difficult causation issues at various stages of data breach litigation.
  3. Although courts are beginning to resolve these difficult causation issues, much remains to be decided.

Learning Objectives:

  • Increase attendees’ awareness of cybersecurity threats and corresponding data breach notification requirements.
  • Explore frequent data breach litigation issues, including common claims asserted and defense strategies for breached companies.
  • Analyze the emerging causation issue in data breach litigation (i.e., proving that a specific breach caused a specific plaintiff’s harm) and a powerful defense to breached companies.

Michael S. Hooker, Phelps Dunbar LLP, Tampa, Florida USA
Jason A. Pill, Phelps Dunbar LLP, Tampa, Florida USA

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