Post-Data Breach Litigation and Counseling
The course is taught using examples and materials from actual cases involving a data breach, with an emphasis on the Southern District of New York. Students learn about and participate in exercises relating to investigation and fact development, litigation strategizing, the formulation of pleadings, motion practice (including preliminary injunctions, motions to dismiss, and summary judgment), taking and defending depositions, expert survey work, efforts at settlement, and several other important elements. Students also address more informal client counseling, research on state privacy laws, negotiating with state attorneys-general, and similar non-litigation matters after a corporate data breach. Students should expect to spend significant time both in and out of class on experiential learning. This course may satisfy the in-class element of the Innovation Center for Law and Technology’s experiential learning requirement.
This intensive, practice-based course gives students the opportunity to experience the pre-trial steps that occur in the event of a data breach.
Recommended for the Following Professional Pathways: Corporate Transactions and Governance; Financial Services and Compliance; IP/Copyright and Trademark; Media, Entertainment, Sports, Fashion; Tech/Privacy
Pre-Requisites: Internet Law or Information Privacy Law