Cybersecurity & Privacy Dispute Resolution JAMS Mediation, Arbitration and ADR Services

JAMS Cybersecurity & Privacy Practice Group

Resolving Disputes Arising from Cybersecurity Incidents and High-Profile Data Breaches

Data is increasingly available and transferred online, new industries and businesses are born from emerging technologies, and law and policy is evolving in an attempt to keep up with the pace of change in technology.  The JAMS Cybersecurity and Privacy Practice Group understands the unique challenges associated with disputes that arise in this ever-changing landscape.

In the event of a privacy incident or data security breach, allow JAMS to facilitate a timely resolution to the matter.  While privacy and data security concerns continue to evolve, JAMS has been helping to resolve these matters for many years whether stemming from disclosure of personal information during a credit card transaction, a high-profile data breach, or a coverage matter.  The Representative Matters below illustrate the types of matters handled by JAMS neutrals.

Representative Cybersecurity Matters

• Mediation of cyber insurance coverage dispute resulting from hacking of an app offering song tracks for purchase.  Issues included whether there had been a security breach as defined by the policy, whether the security breach damaged or destroyed data, and whether costs incurred by the insured were reasonable.
• Mediation involving a nationwide retailer that was hacked and lost credit card account information for all of its customers nationwide.  The retailer incurred multi-million dollar costs in addressing the cybersecurity failure.  Insurer declined coverage for a significant portion of the claim, based off of a manuscripted cyber insurance policy.
• Mediation of an invasion of privacy class action involving the disclosure of confidential Pennsylvania License to Carry Firearms (LTCF).
• Mediation of an insurance coverage dispute involving a lost company laptop containing private health information that resulted in a multimillion dollar fine on the insured for which it sought coverage.
• Mediation of class actions concerning a data breach resulting from a phishing email scam allegedly affecting thousands of current and former employees, plus cross complaint against cybersecurity providers.
• Mediation of consolidated class actions concerning the practice of intercepting and scanning emails in alleged violation of the Stored Communications Act (SCA) and the California Information Privacy Act (CIPA).
• Mediation and settlement allocation of a class action data breach lawsuit alleging a large managed health care organization violated medical privacy laws when certain server drives that contained personal, medical, and/or financial information of patients went missing.
• Mediation of consolidated class action concerning high-profile data breach where the personally identifiable information (PII) of up to 150 million customers was accessed.
• Mediation of class action lawsuit alleging misappropriation of names and likenesses in advertisements of potentially more than 100 million individuals, including minors.
• Mediation of numerous class actions under the Telephone Consumer Protection Act (TCPA) concerning alleged auto-dialing, “cramming,” junk faxes, unauthorized cell phone calls, unsolicited texts, recording of service calls without permission.
• Numerous mediations concerning alleged violations of the California Song-Beverly Credit Card Act where businesses request or require personal identification information such as address, telephone number, zip code, or email addresses related to a credit card transaction.
• Mediation of a class action privacy data breach claim involving the disclosure of individuals taking HIV medications.
• Mediation between medical data management company and new purchaser of company owning the data concerning data protection and HIPPA violations issues.
• Mediation of health care privacy class action alleging breach of California Confidentiality of Medical Information Act (CMIA).
• Fair Credit Reporting Act claim (FCRA) against one of the largest background check providers by an employee rejected employment based on false information in the credit report.
• Mediation of nationwide class action against mortgage lenders under Fair Credit Reporting Act (FCRA) for insufficient disclosures of loan terms.
• Mediation in class action claim against pharmacy for alleged invasion of privacy in connection with transfer of prescription and patient information to new pharmacy.
• Mediated invasion of privacy claim involving unauthorized use of image on a pornography website.
• Trade name and personal privacy right claim by sports celebrity against advertiser and agency.
• Arbitrator in a data breach dispute in which a client sued a law firm that was the victim of a targeted cyber attack that accessed a particular client's confidential information.
• Special Master and Discovery Referee in large data breach disputes involving the health care industry.