Ian Ballon, Eulonda Skyles
The CPRA affords class action counsel the opportunity to seek up to $750 in statutory damages per putative class member, yet most companies don’t adequately account for this litigation remedy when implementing their CPRA compliance and mitigation strategies. This panel will provide extensive materials and slides for participants, will drill down on the latest CPRA and CCPA cases and decisions, analyze the elements of a cause action and how to use those elements to force plaintiff’s counsel to drop their claims or settle on reasonable terms, and will examine the differences between individual and class settlements, the phenomenon of mass arbitration (and what companies can and should do to account for this tactic), risks associated with public injunction waivers, and issues such as drafting and implementing an enforceable online or mobile ToS and/or consumer arbitration clause. This workshop will also discuss regulatory enforcement of the CPRA by the new California Privacy Protection Agency (CPPA) and what CPPA litigation over the CPRA (which may commence on or after July 1, 2023) may look like for companies. This workshop will feature inhouse counsel with expertise on these issues and will be led by privacy class action defense litigator Ian Ballon, who is also the author of the leading treatise E-Commerce & Internet Law 2d edition (West), which analyzes CPRA litigation extensively.
Ian Ballon, Shareholder, Greenberg Traurig
Eulonda Skyles, Board Member, Humans 2 Humans, Impact Accelerator for Social Entrepreneurs in Emerging Economies