Utah Adopts Cybersecurity Affirmative Defense Act Protecting Business from Certain Claims Arising Out of Data Breaches
Myriah V. Jaworski, Esq., CIPP/US, CIPP/E Published in the ‘Journal on Emerging Issues in Litigation’
'A Compelling Outcome: Using Arbitration Agreements to Limit Liability in Data Privacy Class Actions'
Abstract: Data privacy class actions are proliferating. Defendant companies may find an effective defense strategy is moving to compel individual arbitration. Not all contracts have the appropriate language, however, and, even if they do, they may not succeed. This article, which will appear in the forthcoming issue of the Journal on Emerging Issues in Litigation, discusses U.S. privacy litigation and case law on compelling arbitration of class claims in the privacy law context, with recommendations for businesses to improve their chances of securing court orders that enforce arbitration language in their agreements