IBA Annual Conference Rome 2018

7 Oct - 12 Oct 2018

Session Room M&N, Level -1

Session information

Data privacy and cybersecurity litigation
Session Room M&N, Level -1

Committee(s)

Litigation Committee (Lead)

Description

Data privacy breaches, resulting criminal investigations and cybersecurity civil litigation are on the rise, and will continue to well into the foreseeable future. All breaches of data privacy- whether the product of human error or, more likely, the result of planned, sophisticated attacks, including hacking, phishing, malware and ransomware- are exponentially increasing the risk of litigation, governmental investigations and other legal consequences for which companies, even — or, perhaps, especially — the most cutting-edge companies, now require, seasoned and competent counsel to guide and litigate this invasion of computer-based privacy matters. As hackers and cybercriminals continue to find more creative ways to access data, breaches have included confidential business information, trade secretsand other sensitive and valuable data; personal information, including health-related information, social security numbers, passwords, and financial information of consumers and customers, including credit card and bank account information; and a plethora of storable, unauthorised data that can be used directly against the company, and to indirectly generate claims and inquiries against it. Counsel has to be prepared to litigate the adequacy and effectiveness of, and to assess and develop, cybersecurity measures in this burgeoning area. The panel will assist counsel to stay current on both liability issues, and the legal framework surrounding data breaches. It will explore technical and procedural safeguards being tested, through an increase in protective laws, regulations and rapidly evolving legal standards designed through differing jurisdictional regimes, all designed to make companies improve protections against threats, minimise risks to third parties, and prepare their clients to both prosecute and weather the protracted litigation cyberstorm that has broken in full force. The panel will discuss data breaches that lead to investigations by governmental agencies, regulatory fines and sanctions, shareholder suits, private litigation and class actions by consumers, patients, customers, suppliers and employees.

Session / Workshop Chair(s)

Yvette Borrius Florent, Amsterdam, Netherlands; Vice Chair, Litigation Committee

Speakers

Jano Bermudes Ankura, London, England
Luke Dembosky Debevoise & Plimpton LLP, Washington, District of Columbia, USA
Thomas Olsen Lagoni, London, England
Massimo Sterpi Gianni & Origoni, Rome, Italy