Privacy and cybersecurity litigation has grown exponentially and developed radically in recent years, presenting novel strategic decision points for practitioners across the litigation lifecycle. In addition to data breach-related claims, BIPA, CPRA, GDPR, VPPA, CIPA, and other privacy-related statutes have dominated the class action landscape. Novel conceptions of injury emerge on a regular basis, some spearheaded by state attorneys general and federal and international agencies.
Privilege and preservation considerations particular to this arena must be considered by practitioners well in advance of litigation. Cross-border discovery concerns arise regularly. Yet practitioners are frequently required to consider creative applications of well-worn issues like standing, class certification, and settlement to ever-changing fact patterns.
This Sedona Conference Institute, based in Virginia; session will begin with a simulated tabletop exercise involving a cyber incident in which key participants – IT, HR, inside and outside counsel, management, forensic investigators, regulators, and others – respond to the situation with an eye toward prospective litigation. For the next two days, a faculty of jurists, regulators, and renowned practitioners in this arena will go deep into the tabletop topics as well as other developing issues in data privacy and cybersecurity litigation, including:
- Internal audits and investigations
- Discovery -Privilege and ethical concerns
- Insurance protection
- Data transfers across borders
- Regulations and enforcement at the state, federal, and international levels
- Special considerations for statute-based privacy claims
