Business Law Journal Symposium 2015 part 2: Panel 1 -- Corporations Post Data-Breaches

Business Law Journal Symposium 2015 Corporate Data Breaches: What Companies Can Learn from Recent High Profile Attacks Friday, November 6, 2015 Symposium Theme The increasing number of major corporate data breaches has created new challenges in terms of safeguarding private customer and company information. The public, the government, and the law are beginning to respond and attorneys will need to incorporate public concern, new governmental regulations, and recent and upcoming judicial opinions into their practices. The responses to recent high-profile breaches as well as official submission to the United States Supreme Court of Spokeo, Inc. v. Robins, the case that granted plaintiff Thomas Robins standing under the Fair Credit Reporting Act with only a speculative injury, represents a turning-point in corporate data management. Although the exact outcome is uncertain, experts in corporate law, professors on security law, and public-policy creators will discuss where they believe the field is headed and what is likely to have the greatest impact. Panel One -- Corporations Post Data-Breaches Once a major corporation has been breached, there are many challenges facing corporations and the attorneys representing them, the threat of class action lawsuits being chief among them. Historically, circuit court decisions have been split in their analysis and application of federal law regarding mass breaches, leaving many companies fearing that their outcome will be jurisdiction specific. This panel will discuss the application of federal law for issues such as standing, damages, and legislative intent, citing examples like Remijas v. Neiman Marcus Group, LLC; In re Adobe Sys., Inc. Privacy Litig.; Reilly v. Ceridian Corp.; and Moyer v. Michaels Stores, Inc.. Moderated by Professor Anupam Chander, Director of the California International Law Center and Martin Luther King, Jr. Hall Research Scholar Speakers: James DeGraw: IP and Privacy Partner at Ropes & Gray LLP Nicola M. Paterson: Litigation Associate at Gibson, Dunn & Crutcher LLP Professor Scott Shackelford: Assistant Professor of Business Law and Ethics at Indiana University, Kelley School of Business