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Data Breach and Privacy Litigation: The Recent Successes and Failures of Common Defenses and Claims

Product Code - LGA163
Speaker(s): Rick Chung, Medivo, Inc.; Alfred J. Saikali, Shook, Hardy & Bacon L.L.P.; Rebecca J. Schwartz, Shook, Hardy & Bacon L.L.P.
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Bloomberg BNA is pleased to present this program in partnership with HB Litigation Conferences LLC.

In recent years there has been a proliferation of class action lawsuits arising from data breaches and other privacy-related statutory violations. Plaintiffs in these cases have traditionally found it difficult to demonstrate the requisite injury to move these cases beyond the pleadings phase. In a number of recent actions, however, courts have been more favorable to plaintiffs. This panel of outside and corporate counsel will discuss the trends in data security and privacy-related litigation, including the principles of law that have developed as a result of the litigation, the successful (and unsuccessful) causes of action and defenses, and the important factors that courts look to in determining whether such cases should be allowed to proceed.

Monitoring these litigation risks and understanding how they can be minimized are important roles for corporate counsel and risk managers of any company that collects, stores, uses, and disposes of sensitive information such as medical, financial, personal, and proprietary information. This program will inform attendees of the risks and provide guidance on how these risks will likely continue to develop.

Educational Objectives:

• Understand the state of the law affecting data breach and privacy lawsuits.
• Learn about the successful and unsuccessful causes of action and defenses in such lawsuits.
• Find out about current trends in data breach and privacy litigation and whether the tide is turning in favor of plaintiffs.
• Discover important factors that courts consider in determining whether to allow a case to proceed.

Who would benefit most from attending the program?

In-house counsel and risk managers with companies that collect, store, use, and dispose of sensitive information such as medical, financial, personal, or proprietary information. The program will inform attendees about the evolving litigation risks associated with these activities.

Program Level: Intermediate.

Credit Available: CLE. For more information, please click on the “CLE Credit” tab.

Rick Chung, Medivo, Inc.; Alfred J. Saikali, Shook, Hardy & Bacon L.L.P.; Rebecca J. Schwartz, Shook, Hardy & Bacon L.L.P.

Rick Chung, Medivo, Inc.
Rick Chung is General Counsel and Chief Compliance Officer for Medivo, where he successfully counsels public and privately-held companies in expanding growth strategies, mitigating operational risk, and establishing compliance and legal infrastructure. Mr. Chung held previous positions as General Counsel and Associate Corporate Counsel for informatics and technology companies with operations in the United States, Europe, and Asia. In such prior roles, he successfully contributed to exponential growth in sales, market penetration, and geographic coverage. His expertise includes health care compliance, data monetization, software procurement, product design and distribution, outbound licensing, infosec and data privacy, and general corporate governance. Prior to joining Medivo, Mr. Chung was a Senior Corporate Associate at Proskauer Rose LLP for more than nine years.

Mr. Chung earned a J.D., magna cum laude, from New York Law School, and a B.A., with distinction, from the University of Toronto.

Alfred J. Saikali, Shook, Hardy & Bacon L.L.P.
Al Saikali is a partner in the Miami office of Shook, Hardy & Bacon L.L.P., where he specializes in commercial litigation and is co-chair of the firm’s Data Security and Data Privacy Practice Group. Mr. Saikali helps clients develop data privacy and security programs to meet the compliance requirements under U.S. and international data privacy and security laws and industry-based requirements. He counsels companies to proactively minimize the risks associated with the collection, use, storage, and disposal of sensitive information such as financial, medical, proprietary, and confidential consumer information. For companies that have suffered a breach, Mr. Saikali directs the breach response efforts, advising the companies of applicable laws, leading their internal investigations, liaising with law enforcement and regulators, and effectively minimizing risks associated with the breach. He maintains a blog (Data Security Law Journal) on data security and data privacy law and is a Certified Information Privacy Professional accredited by the International Association of Privacy Professionals. Mr. Saikali writes and presents regularly and is often cited by the media regarding issues relating to data security, data privacy, technology, and commercial litigation.

Mr. Saikali earned a J.D. from Boston University School of Law and a B.A. from the University of Florida.

Rebecca J. Schwartz, Shook, Hardy & Bacon L.L.P.
Becky Schwartz is a partner in the Kansas City office of Shook, Hardy & Bacon L.L.P., where her practice focuses on the defense of complex and class action litigation in state and federal courts across the United States. Ms. Schwartz has defended numerous high-profile class actions involving tobacco, pharmaceutical, medical device, and alcoholic beverage manufacturers, many of which have included state consumer protection law claims. She has extensive experience defending major retailers in privacy-related class action lawsuits based on the Fair and Accurate Credit Transactions Act (FACTA). Ms. Schwartz is well versed in payment card industry data security standards and other legal protections applicable to personally identifiable information (PII). Her privacy-related legal work also includes the defense of client interests in putative class actions involving Telephone Consumer Protection Act (TCPA) claims.

Ms. Schwartz earned a J.D., with distinction, from the University of Missouri--Kansas City School of Law and a B.S. from Indiana University.

This program’s CLE-credit eligibility varies by state. Bloomberg BNA is an accredited provider in the states of New York*, California, Pennsylvania, Texas and Virginia, and most other jurisdictions grant CLE credit on a per-program basis. At this time, Bloomberg BNA does not apply directly to the states of Florida, Rhode Island, Montana and Hawaii although credit is usually available for attorneys who wish to apply individually. Additionally, the following states currently do not grant credit for Bloomberg BNA OnDemand programming: Arkansas, Ohio, Nebraska, and Delaware. All requests are subject to approval once the live webinar has taken place or the customer has viewed the OnDemand version. Please contact the Bloomberg BNA accreditations desk if you have specific questions that have not been addressed.

If you have further questions regarding a specific state or how to file for CLE credit, please contact Bloomberg BNA customer service at 800-372-1033 and ask to speak to the CLE Accreditation Coordinator.

Hardship Policy
Bloomberg BNA offers a hardship policy for attorneys earning less than $50,000 per year. If an attorney wishes to take advantage of this option, he or she must contact Bloomberg BNA directly. For attorneys who are unemployed or earning less than $35,000 per year, a full discount off the price of the program will be awarded upon written proof of hardship. Attorneys earning between $35,000 and $50,000 per year will receive a 50% discount off the price of the program. Any attorney working in the public service sector also qualifies for a special price. If you have further questions regarding the hardship policy or seek additional information, please contact Bloomberg BNA customer service at 800-372-1033 and ask to speak to the CLE Accreditations Coordinator, or email us at

For more information about Mandatory or Minimum Continuing Legal Education (MCLE) requirements, visit the American Bar Association website at

*Bloomberg BNA is an accredited provider in New York for experienced attorneys only