Privacy Liability: The Rising Threat of Increased Cyber Exposure

Lloyd’s Market Association

Webinar | June.21.2021 | 10am - 11am (Eastern Daylight Time)

Online Webinar

Keily Blair, James Lloyd, Doug Meal and Heather Egan Sussman, partners in Orrick’s Cyber, Privacy & Data Innovation and Complex Litigation & Dispute Resolution Groups, will discuss the rising threat of increased cybersecurity exposure. They will also explore collective actions arising from data breach and allegations of wrongful collection, privacy liability and statutory damages and what’s next for privacy and cyber civil claims from both a United States (U.S.) and United Kingdom (UK) perspective.

Orrick is joined by fellow speakers from Hiscox and CFC Underwriting, Ltd. The program is hosted by Lloyd’s Market Association, an organization dedicated to identifying and resolving issues which are of particular interest to the underwriting community and to partner with the Corporation of Lloyd’s and other organizations to influence the course of future market initiatives.

Douglas H. Meal

Practice:

  • Technology & Innovation Sector
  • Finance Sector
  • Litigation & IP Sector
  • Cyber, Privacy & Data Innovation
  • Government Investigations and Enforcement Actions
  • Trials
  • Class Action Defense
  • Litigation & IP
  • Complex Litigation & Dispute Resolution

Douglas H. Meal Partner Cyber, Privacy & Data Innovation, Government Investigations and Enforcement Actions

Boston

Seasoned trial lawyer Doug Meal defends clients targeted by litigation and government investigations stemming from major privacy and cybersecurity incidents. According to Chambers USA, clients select Doug because "[h]e is the premier expert in this field and knows how to run a breach response process from A to Z”; is “extremely experienced [and] can give immediate advice off the top of his head"; "has been in court through trials and negotiations, all aspects of the litigation, and is highly effective in all of them"; and "is good to work with, personable and very authoritative." This year, clients said, "I would trust him with my life if I ran into a litigation"; "Doug is extremely calm and has a way of presenting and explaining problems which makes you feel empowered to do your job"; and "He has great experience in this field and is a solid rock in litigation." Based on client assessments like these, Chambers USA has named Doug as the first and only “Band 1” litigator in the Privacy and Data Security category, describing him as the “market leader,” being “regarded by market sources as the leading privacy litigator in the USA” and “the dean of the data breach litigation Bar." 

As the lead outside lawyer handling claims and/or regulatory investigations stemming from the data security breaches suffered by Target, Neiman Marcus, The Home Depot, Hilton Worldwide, Landry’s, Arby’s, Shopify, Chegg, Supervalu, Sally Beauty, Sony, Heartland Payment Systems, TJ Maxx, Hannaford Brothers, Aldo, Genesco, and Wyndham Hotels—some of the most highly publicized breaches in recent years—Doug has become the national leader in defending companies that suffer breaches involving consumer information against the ensuing claims and regulatory investigations. Doug’s recent successes include leading the team that prevailed in the closely watched LabMD v. FTC litigation, convincing the U.S. Court of Appeals for the Eleventh Circuit to become the first court ever to overturn a cybersecurity enforcement action by the FTC.

Doug has been recognized four times as one of The Cybersecurity Docket’s Incident Response 40—a list of the top 40 incident response lawyers in the United States. He is also a five-time Law360 Privacy MVP.

Heather Egan Sussman

Practice:

  • Technology & Innovation Sector
  • Finance Sector
  • Energy & Infrastructure Sector
  • Transactions Sector
  • Cyber, Privacy & Data Innovation
  • Global Compliance & Regulatory
  • Government Investigations and Enforcement Actions
  • Technology & Innovation
  • Fintech
  • California Consumer Privacy Act
  • Privacy in a Box
  • Environmental, Social & Corporate Governance (ESG)

Heather Sussman Partner Cyber, Privacy & Data Innovation, Global Compliance & Regulatory

Boston

Heather Egan Sussman focuses on cybersecurity, privacy and information management. A strategic advisor to clients, she is ranked by Chambers USA, Chambers Global and The Legal 500 United States as a leader in her field. Chambers explains companies turn to Heather because she “understands all the business issues and the dynamics of how to implement privacy programs [and is] extraordinarily thoughtful, very pragmatic and responsive.”

Heather partners with clients to reduce the risk of privacy and security incidents. In the event of an incident, she helps companies respond, successfully guiding them through investigation, remediation, notification and any ensuing government inquiries. She provides comprehensive crisis management support and companies rely on her to manage their response to catastrophes, investigations and government probes involving conduct by employees, contractors and third parties. 

To help clients navigate complicated global regulatory compliance challenges, she leads comprehensive cybersecurity and privacy assessments worldwide, vets risks in corporate transactions, conducts internal investigations stemming from data incidents, and  drafts and negotiates contracts concerning data-related vendors and arrangements. She regularly counsels businesses on how to mitigate risks associated with the collection, use, retention, disclosure, transfer and disposal of personal data. Outside of the U.S., she manages teams of talented counsel around the world to deliver seamless advice for clients that operate across many jurisdictional lines, developing comprehensive privacy and cybersecurity programs that address competing regulatory regimes.