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

Lexology

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

Online

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, will review 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’ll 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.

CLE Credits Available: N

Keily Blair

Practice:

  • Technology Sector
  • Cyber, Privacy & Data Innovation
  • Government Investigations and Enforcement Actions
  • Complex Litigation & Dispute Resolution
  • Internal Investigations

Keily Blair Partner Cyber, Privacy & Data Innovation, Government Investigations and Enforcement Actions

伦敦

Keily Blair heads up the Cyber, Privacy & Data Innovation Group in London. Keily works with her clients as a "strategic business partner" to navigate privacy and cyber security crises to achieve better commercial, regulatory and judicial outcomes.

Keily's litigation and enforcement background provides her a different perspective on cybersecurity and data privacy issues. She has led the response to investigations by the United Kingdom’s Information Commissioner’s Office (UK ICO), the Irish Data Protection Commission, the Competition and Markets Authority (CMA), the Financial Conduct Authority (FCA), the Serious Fraud Office (SFO),  Parliamentary Select Committees and United States (U.S.) regulators, including the Department of Justice (DOJ), the Federal Bureau of Investigation (FBI) and the Securities and Exchange Commission (SEC). Keily has also acted as external legal counsel for privacy and financial service regulators.

On cybersecurity issues, Keily directs cybersecurity incidents and investigations across multiple jurisdictions and incident types from simple business email compromises, to enterprise-wide network intrusions and cyberattacks with national security implications. Keily has worked with national and international law enforcement and is called upon to act as external legal counsel to security and forensics firms when engaging with regulators.

In the civil arena, Keily has led on a number of high profile privacy litigation matters, including civil damages claims and collective actions following personal data breaches and privacy-related judicial reviews. She frequently counsels clients on the growing risk of privacy-related class actions and interventions by privacy advocates in the UK and the European Union.

Keily uses the insights from her litigation and enforcement practice to inform her advisory work, where she regularly advises stakeholders from legal, information security, privacy and the C-suite on a host of privacy and cybersecurity governance, risk mitigation and regulatory engagement strategies. This understanding of what matters to regulators and the courts is at the heart of her approach to privacy advisory and compliance work. According to clients Keily has the "subject matter expertise and ability to understand and interact with companies' culture and capabilities, recognising a one size fits all approach doesn't work".

She is ranked as a key practitioner in data protection, privacy and cybersecurity in The Legal 500 and has represented the private sector at the United Nations and the European Criminal Bar Association. Keily also sits on the Law360's 2020 Editorial Advisory Board on Cybersecurity & Privacy and leads the IAPP Cyber & Privacy Investigations, Enforcement & Litigation Affinity Group. She is committed to improving diversity and social mobility in the legal sector.  

Prior to joining Orrick, Keily led the Contentious Data Privacy, Law & Strategy practice at PwC having been a litigator at two international law firms before this.

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

纽约

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.