After the obligatory warnings and statistics about how cybersecurity incidents and ransomware attacks are on the rise, Perry Glantz and Steve Cosentino will provide you with insight on how to best prepare for a security incident and minimize the risk of class action lawsuits and other liability exposure. They will cover some of the technical preventative measures, policies and procedures and training needed to help combat causation arguments in data security litigation.

This program will address the growing body of state privacy laws that combine privacy and data security leading to statutory claims that go beyond the traditional privacy torts. Our presenters will address proactive steps to take with service providers, such as insurers, cyber forensic firms, notice and call center providers, public relations firms and ransomware negotiators—steps that can reduce the time from incident detection to notification that is almost always an issue raised by regulators and plaintiffs. They will also discuss the damages component of data breach class action litigation, particularly in an era where personal information is easily available on the black market. In addition, they will discuss the relevant aspects of a recent decision certifying a class action in the context of a data breach litigation in which a novel theory of damages was accepted by the court.