Cybersecurity and Data Privacy Litigation: Trends and Developments, Implications of Major Decisions
Navigating Compliance, Mitigating Risks, and Defending Against Potential Lawsuits
A live 90-minute CLE video webinar with interactive Q&A
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.
Outline
- Overview: trends in cybersecurity and data privacy litigation
- Key 2024 and early 2025 rulings and current cases to watch as they work their way through state and federal courts
- Common plaintiffs' claims or theories of harm: negligence, breach of contract, invasion of privacy, unjust enrichment
- State consumer privacy laws
- Children's online safety laws
- Biometric privacy
- Security risks of advanced technologies and AI
- Data tracking and the application of older data privacy laws to new technology
- Other types of claims
- Standing challenges for plaintiffs
- Protecting the attorney-client privilege during a breach
- Implications of recent cases and strategies businesses should implement to maintain compliance under the evolving legal landscape
- 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?
Faculty
Myriah V. Jaworski
Member, Data Privacy/Cyber Security Group
Clark Hill
Focusing her practice on the intersection of law and technology, Ms. Jaworski advises clients on enterprise-wide data... | Read More
Focusing her practice on the intersection of law and technology, Ms. Jaworski advises clients on enterprise-wide data privacy and cybersecurity governance, incident response, data breach and class action defense, and related government investigations. She works with clients to implement new technologies, including AI/ML and automated decision-making tools, and to evaluate privacy and security requirements in Web3 and the metaverse. Ms. Jaworski represents clients in defense of data breach class actions, privacy torts and statutory claims, pixel tacking and commercial surveillance matters, internet defamation, technology disputes, and cyber subrogation claims. She also defends clients in response to regulatory inquiries and investigations arising out of data incidents and privacy practices. As a proactive compliance advisor, Ms. Jaworski works with clients to operationalize enterprise-wide data privacy and cybersecurity programs, in compliance with state, federal, and international laws and regulations. Of particular importance, she works with clients to mitigate potential privacy risks and ethical biases, and to provide audit and assessments of business use of AI/ML and automated decision-making tools. Her clients include major E-commerce retailers, international news media companies, global manufacturers and retailers, healthcare organizations, and financial entities. Ms. Jaworski is a Certified Information Privacy Professional, United States (CIPP/US) and a Certified Information Privacy Professional, Europe (CIPP/E) as certified by the International Association of Privacy Professionals (IAPP). She was also a Trial Attorney with the U.S. DOJ.
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Jennifer M. Oliver
Shareholder
Buchanan Ingersoll & Rooney
An experienced commercial litigator, Ms. Oliver focuses her practice on complex litigation, with a specialty in data... | Read More
An experienced commercial litigator, Ms. Oliver focuses her practice on complex litigation, with a specialty in data breaches, defending consumer class actions, and antitrust, as well as antitrust counseling. She has played active roles in several high-profile jury trials, serving as lead counsel in complex mediations, and arguing before courts at both the trial and appellate levels. Ms. Oliver also often counsels clients on antitrust matters related to mergers and acquisitions. She has experience litigating monopolization claims, trade secrets, RICO conspiracies, securities fraud, unfair trade practices, breaches of contract and privacy matters. She is a longtime IAPP Certified privacy professional. With experience on both the plaintiff and defense side, Ms. Oliver has a deep understanding of the legal strategies that support clients’ business objectives.
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Peter Stockburger
Office Managing Partner, Co-Lead Autonomous Vehicle Practice
Dentons
Mr. Stockburger partners with emerging and established clients around the globe to strategize about how they can best... | Read More
Mr. Stockburger partners with emerging and established clients around the globe to strategize about how they can best leverage data and talent to grow, operate, and protect their business. With a focus on data privacy and security, he works with clients of all sizes and maturity to build and shore up their privacy and security programs, deploy technology, enhance compliance and stakeholder confidence, take new products to market, work through data governance and retention challenges, navigate workplace disputes, and harness emerging technologies such as artificial intelligence. Mr. Stockburger is a frequent author and lecturer on data privacy and security and related issues.
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