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CAFA Law Blog

Information, cases and insights regarding the Class Action Fairness Act of 2005

ACI’s 2nd National Forum on Data Breach & Privacy Litigation and Enforcement, September 29-30

Posted in Events

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ACI’s 2nd National Forum on Data Breach & Privacy Litigation and Enforcement

September 29 – 30, 2016

The Carlton Hotel, New York

http://www.americanconference.com/databreach

Gain insight and learn from the nation’s leading jurists, in house counsel from companies across the country, and top plaintiff and defense litigators who are in the trenches daily.

ACI’s 26th National Conference on Consumer Finance Class Actions & Litigation, July 28-29

Posted in Events

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ACI’s 26th National Conference on Consumer Finance Class Actions & Litigation

July 28-29, 2016

The Omni Chicago Hotel

Chicago, IL

http://www.americanconference.com/2016/681/consumer-finance-class-actions–litigation

Consumer financial services companies are facing unprecedented regulatory and enforcement scrutiny, mounting litigation, and costly class actions. That is why it is essential that in-house and outside counsel attend the ACI’s 26th National Conference on Consumer Finance Class Actions & Litigation on July 28-29, 2016 in Chicago, IL. to learn and master the latest enforcement actions and regulatory initiatives, and the most effective defense and settlement strategies.

A Noteworthy Event: ACI’s 2nd National Forum on Data Breach & Privacy Litigation and Enforcement

Posted in Events

Mark your calendars for a noteworthy event this fall: ACI’s 2nd National Forum on Data Breach & Privacy Litigation and Enforcement conference, September 29-30, 2016 at the Carlton Hotel on Madison Avenue in New York City. Click here for the PDF of the agenda.

This conference is led by an unparalleled faculty of in-house counsel, federal judges, and the top outside counsel plaintiff and defense litigators and firms. It has networking opportunities galore and features innovative and highly relevant content that will allow you to benchmark your current data breach, TCPA and privacy strategies.

Some of the issues to be discussed this year include:

  • Class actions: data privacy & security breach case law, trends in key jurisdictions and circuit court rulings
  • Telephone Consumer Protection Act (TCPA) and related case law claims
  • Attorney/client privilege issues arising out of breach notification
  • Cyber & data risk insurance and related litigation issues and coverage disputes including the Travelers decision
  • Ransomware litigation: data breach notification issues, key jurisdictional differences, and cyber coverage issues
  • Business to business litigation: vendor litigation, service provider litigation, and examining the ecosystem of payment card breaches
  • Global impact of data breaches: finalization of the General Data Protection Regulation and managing cross border information
  • Information governance and data management
  • Big data: opportunity, challenges, and regulatory scrutiny

Additional details and registration information are available at http://www.AmericanConference.com/DataBreach or by calling (888) 224-2480.

Please mention this code when registering: B00-999-CLB17

A Noteworthy Event – ACI’s National Conference on Consumer Finance Class Actions & Litigation

Posted in Events

Between the recent SCOTUS decisions and the CFPB’s flurry of activity, including the proposed rule on arbitration, it is clear that the consumer finance landscape is in the midst of a massive upheaval.

Join the nation’s leading consumer finance attorneys at ACI’s 26th National Conference on Consumer Finance Class Actions & Litigation and be a part of the conversation as to where the industry is headed in the coming months.

Dates and registration:

Click here to register online or call (888) 224-2480.

Thursday, July 28 – Friday, July 29, 2016

The Omni Chicago Hotel, Chicago, IL

10% off conference rate with code: D10-999-CLB16 Continue Reading

A Noteworthy Event – March 17-18, 2016

Posted in Events

Retail data breaches continue to evolve and bring new litigation and trends in the Data Breach and Privacy Litigation context. Business to business claims, vendor lawsuits, litigation between issuing banks and retailers post-breach, the ecosystem of payment card breaches, and Genesco decision implications are just some of the topics analyzed and discussed in greater detail. Click here for the pdf of the agenda. Continue Reading

Certain claims carry a presumption as to amount-in-controversy that will lead directly to federal court

Posted in Case Summaries

Robertson v Exxon Mobil Corp., 2015 WL 9592499 (5th Cir. Dec. 31, 2015).

In a personal injury and a property damage action, the Fifth Circuit reversed the district court’s order remanding the action finding that the defendants had by preponderance of evidence shown that at least one plaintiff’s claim exceeded $75,000. Specifically, the Fifth Circuit found that when a plaintiff claims that he/she contracted cancer, or a claims damages for wrongful death, the Fifth Circuit precedent has always held that such claims more likely than not exceeded federal jurisdictional threshold even when the amount-in-controversy is not alleged in the complaint. Continue Reading

Fifth Circuit weighs in on ambiguous class definition

Posted in Case Summaries

Arbuckle Mountain Ranch of Texas Inc v Chesapeake Energy Corporation, Case No. 15-10955, 2016 WL 98128 (5th Cir. Jan 7, 2016). In a 2-1 decision, the Fifth Circuit examined an ambiguous complaint suggesting two class definitions, (one a narrow definition and another containing a broad definition) and held that if the pleadings entirely lean towards a broader definition, it should be assumed that the plaintiff intended to define a broader class.  The Fifth Circuit found that the broader definition defeated CAFA’s local controversy exception, and reversed and remanded. Continue Reading

A Noteworthy Event

Posted in Events

ACI’s Data Breach & Privacy Litigation and Enforcement conference, March 17-18, 2016 at the Union League in Philadelphia. Click here for the pdf of the agenda.

This premiere conference is led by an unparalleled faculty of in-house counsel, federal judges, and the top outside counsel plaintiff and defense litigators and firms. It has networking opportunities galore and features innovative and highly relevant content that will allow you to benchmark your current data breach, TCPA and privacy strategies.

Some of the issues to be discussed this year include:

  • Class Actions: Data Privacy & Security Breach Case Law Trends in Key Jurisdictions and Circuit Court Rulings; New Class Certification Issues; Novel Standing, Causation, Damages, Injury and Actual Harm Nuances; and How the Neiman Marcus and Spokeo Decisions Have and Will Continue to Change the Landscape
  • New Claims Involving the Video Privacy Protection Act and Telephone Consumer Protection Act (TCPA) and Related State Law Claims
  • Federal and State AG Enforcement for Invasion of Privacy, Data Breaches, and Failure to Comply with Notification Statutes: FTC Authority & Litigation, Wyndham Case Implications, Multi-State/ Agency Investigation and Audits, Negotiation, Settlement, Trial, and How the Various Actions Are Proceeding and Being Resolved
  • Shareholder Derivative Lawsuits
  • Business to Business Claims
  • International Data Breaches and resulting litigation and enforcement
  • Attorney/Client Privilege Issues Arising out of Breach Notification

Additional details and registration information are available at http://www.AmericanConference.com/DataBreach or by calling 888-224-2480.

Please mention this code when registering: B00-999-CLB16