Practising Law Institute Features Orrick Analysis on Class Action Waivers in Cyber and Privacy Litigation

1 minute read | July.09.2024

Our complex litigation and dispute resolution team has published a recent chapter for the Practising Law Institute’s 25th annual Institute on Privacy and Cybersecurity Law exploring developments in recent case law on the enforceability of class action waivers.

The chapter was authored by former Orrick partner Doug Meal, senior litigation associate Matthew D. LaBrie and managing associate Javier Silva.
The latest article updates the team’s chapter on the same topic last year for PLI’s 24th annual Institute on Privacy and Cybersecurity Law.

“This area of the law is likely to evolve rapidly with the ever-increasing volume of putative privacy and cybersecurity class actions rooted in online agreements that include class action waivers,” the authors conclude.

These articles demonstrate the importance of involving class action litigators at the outset of any putative class action and during a security incident response to preserve all rights and defenses and best position a potential class action defendant for early and successful resolution.

Read this year’s chapter for PLI here

Read last year’s chapter for PLI here

Authors

Matthew D. LaBrie Senior Associate, Complex Litigation & Dispute Resolution, Cyber, Privacy & Data Innovation

Boston

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D:+617 880 2208
E: [email protected]

Practice:

Technology & Innovation Sector
Complex Litigation & Dispute Resolution
Cyber, Privacy & Data Innovation
Class Action Defense

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Matthew D. LaBrie Senior Associate

Boston

In his commercial litigation practice, Matthew represents clients in federal and state court at the trial and appellate levels. While Matthew routinely assists clients at all stages of the litigation process, through motions practice, discovery, witness preparation, and trial, he has a particular focus on class action defense. Matthew's litigation experience is broad, including data security litigation, commercial and contractual disputes in all industries, shareholder derivative litigation, and class action defense, as well as commercial arbitration. His current engagements include representation of clients facing consumer class actions arising out of a data breach of the MOVEit file transfer software; a social media company facing consumer class actions arising out of a data breach; the University of Washington in a pandemic-related class action seeking refunds of tuition and fees on behalf of students; and a series of litigations over the ownership and control of a social media company.

In his cybersecurity practice, Matthew counsels clients across the globe through all stages of a privacy or data security incident, navigating the relevant legal regimes, managing the response to and investigation of an incident, and handling any litigation or regulatory investigation resulting from the incident. Matthew spent a year based in Orrick's London office developing and coordinating Orrick's worldwide data breach incident response and litigation capabilities.

Matthew maintains an active pro bono practice. He has assisted individual clients with family law matters, advocated on behalf of veterans' and immigrants' rights, and represented human trafficking survivors in a series of federal cases.

Javier A. Silva Managing Associate, Securities Litigation, Cyber, Privacy & Data Innovation

San Francisco

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D:+1 415 773 5700
E: [email protected]

Practice:

Securities Litigation
Cyber, Privacy & Data Innovation
White Collar, Investigations, Securities Litigation & Compliance

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Javier A. Silva Managing Associate

San Francisco

Javier's practice spans securities litigation, complex commercial disputes, government and internal investigations, cybersecurity and privacy matters, and regulatory enforcement actions. In his commercial practice, Javier has represented companies and individuals in a wide range of civil disputes including claims of breach of contract, breaches of fiduciary duty, fraud, and consumer protection issues. Javier also has experience advising executives and boards on corporate governance best practices and fiduciary and disclosure duties.

Javier joined Orrick after completing a one-year fellowship as an Orrick Fellow at the San Francisco Department of Police Accountability where he focused on criminal justice reform and analyzing Fourth Amendment issues.

As a law student, Javier worked as a summer judicial extern in the Central District of California, and as a law clerk at the California State Assembly drafting policy and legal memoranda.

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