Ian Ballon, Doug Smith
The proliferation of state laws is changing the nature of data privacy litigation and arbitration and regulatory enforcement. While most companies are developing compliance programs based on the text of the new laws, too few are considering how the changing nature of state court litigation and arbitration (including mass arbitration) compels new approaches to compliance and risk management programs. This panel will provide extensive written materials, slides, and practical tips on what compliance lawyers (and litigators) need to know to effectively confront the new class action and mass arbitration landscape, including how to successfully defend CPRA claims, confronting BIPA claims, online and mobile contract formation best practices and tips and strategies for defeating, winning or settling on reasonable terms data privacy and cybersecurity breach class action litigation and mass arbitration. This panel will also address the question of whether and to what extent new state laws that purport not to authorize a private cause of action may be used by plaintiffs’ lawyers to support new claims in litigation and arbitration.
Ian Ballon, Shareholder, Greenberg Traurig
Doug Smith, VP, Legal and Compliance Division, E*TRADE/Morgan Stanley