Class Action Horizon Scanning in the UK: Looking to the US Experience

Lexology

Webinar | December.08.2021 | 1pm - 2pm (GMT Standard Time)

Webinar - Recording Available

Join Orrick Partner and Head of London Privacy and Cybersecurity, Keily Blair, who, together with her colleagues Doug Meal and Marc Shapiro, Partners in Orrick's Complex Litigation and Dispute Resolution practice group, reviews the current class and collective action environments in the United Kingdom and the United States. Sharing insights from the more mature U.S. class action system and landscape, against the backdrop of the recent Lloyd v Google U.K. Supreme Court decision, they cover:

  • Which U.K. companies and foreign companies with subsidiaries and interests in the U.K. are most at risk.
  • What they could see next in the emerging U.K. collective action landscape.
  • How best to prepare and react.
Douglas H. Meal

Practice:

  • Technology Sector
  • Finance 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.

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Practice:

  • Finance Sector
  • Class Action Defense
  • Mass Torts & Product Liability
  • Financial Services Litigation
  • Trials
  • Supreme Court & Appellate
  • Complex Litigation & Dispute Resolution

Marc R. Shapiro Partner Class Action Defense, Mass Torts & Product Liability

New York

Marc R. Shapiro is a partner in Orrick’s New York office. He is a member of the Commercial Litigation and Supreme Court and Appellate Practice Groups.

Marc represents clients in federal and state court at the trial and appellate levels with a particular focus on class actions, multi-district litigation, and mass joinders. Among Marc’s current engagements, he represents Santa Clara University and a U.S. public university system in multiple pandemic-related class actions seeking refunds of tuition and fees; Deloitte & Touche in a pay and promotion gender discrimination class action; NCAA in concussion and injury-related cases throughout the country; Marathon Oil Corporation in nationwide climate change litigation; and multiple foreign defendants in a class action in an MDL arising out of allegedly defective drywall. Recently, Marc played a lead role in securing denial of class certification and affirmance by the Ninth Circuit Court of Appeals in an employment discrimination suit against Microsoft. He also successfully secured dismissal on immunity grounds of the Regents of the University of California in a class action before the Northern District of California. In addition, in response to the Covid-19 pandemic, Marc is actively assisting clients in strategizing around litigation arising out of the health crisis.

Marc served as a law clerk to Judge Betty B. Fletcher of the U.S. Court of Appeals for the Ninth Circuit. Prior to joining Orrick, Marc worked as an appellate and post-conviction attorney for the Equal Justice Initiative. In that capacity, he engaged in trial level and appellate representation of clients in both state and federal court, including two cases that were briefed and argued before the United States Supreme Court.