Conduct Remedies: The Undervalued Element of Cybersecurity and Privacy Class Actions

A big-dollar price tag can be the focal point of privacy and cyber class action settlements, as in the case of Facebook’s $650‑million BIPA litigation settlement in 2020. Conduct remedies, however, are often overlooked despite their ability to offer big value, with more benefits to both class members and the defendant company in the long run. In this guest article, Locke Lord attorneys Tara L. Trifon, P. Russell Perdew and Hannah Oswald discuss the value of conduct remedies to plaintiffs and defendants, what non-monetary terms should look like, key considerations for whether to include non-monetary terms and what the future holds for the conduct remedy. See also “How to Stem the Coming Tide of CCPA Private Litigation” (Jan. 22, 2020).

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