Three Gibbs Law Group Attorneys to Speak at Upcoming Data Breach & Privacy Litigation Conference

February 5, 2016

Eric Gibbs, Daniel Girard, and David Berger will share insights on emerging issues in privacy and data breach litigation at an upcoming day-long panel presented by HB Litigation Conferences on February 11, 2016 in San Francisco.

Eric Gibbs is one of four experienced data breach professionals selected to co-chair the panel focusing solely on litigation involving alleged harm to consumers that results from the unintended release of their private information.

Gibbs Law Group.

Eric Gibbs and David Berger

Eric and fellow co-chairs have gathered distinguished plaintiff and defense attorneys and forensic experts for a series of discussions addressing court opinion on data breach litigation; best practices for collecting digital evidence; data breach case valuation and settlement structures; insurance carriers’ responses to cyberattacks and the effects on policyholders; the role of the Federal Trade Commission and Attorneys General; and what’s on the horizon in this emerging field of law.

Eric and his co-chairs will deliver opening remarks to begin the day’s discussions.

Daniel Girard will continue with an analysis of recent court decisions in data breach litigation and how these decisions will impact future cases. Daniel’s analysis will also touch on why some data breach cases survive early motions while others do not.

David Berger will draw on his experience for an early afternoon discussion of defenses in data breach litigation and cases against responsible third parties. Specifically, David will explore the elements of defenses in cases when data breaches don’t cause harm; lack of commonality and other hurdles to class certification; and respond to plaintiffs’ legal theories presented by earlier panelists.

The Conference is approved for CLE credit. Register now.

Gibbs Law Group’ Data Breach Leadership

Gibbs Law Group LLP is an established leader in data breach and privacy litigation.


Daniel Girard

Daniel Girard was recently appointed to serve as Lead Counsel in consolidated national litigation against the U.S. Office of Personnel Management (OPM) concerning the June 2015 data breach. Mr. Girard will represent the interests of some 20 million federal employees affected by the breach, called possibly “the most devastating cyberattack in our nation’s history.”

Mr. Girard also serves as Lead Counsel in In re: Sony Pictures Entertainment Data Breach, representing current and former Sony Pictures employees whose information was compromised by hackers in November 2014. Additionally, he serves as Interim Co-Lead Counsel in In re: Lenovo Adware Litigation, representing consumers who purchased Lenovo computers pre-equipped with spyware that scans users’ private data in order to serve targeted advertisements.

Eric Gibbs currently serves as one of four attorneys appointed to leadership positions in In re Anthem, Inc. Data Breach Litigation, concerning one of the largest data breaches in history. As a member of the Plaintiffs’ Steering Committee, Mr. Gibbs is charged with litigating claims for approximately 80 million Anthem subscribers affected by the breach. Mr. Gibbs was also recently appointed to serve on a two-person Executive Committee in consolidated litigation against Excellus Health Plan Inc. and Lifetime Healthcare Inc. involving a data breach announced by the insurers in September 2015.

Acting as Lead Counsel in In re: Adobe Systems, Inc. Privacy Litigation, Eric secured a landmark ruling from the court that makes it easier for plaintiffs to seek relief following a breach.

Gibbs Law Group LLP currently represents victims of other data breaches involving Premera Blue Cross, Experian and T-Mobile, Home Depot, and Vizio.

Both Mr. Girard and Mr. Gibbs have been named among The Best Lawyers in America consecutively since 2012, and have been recognized among the “Top 100” Super Lawyers in Northern California. The partners have earned AV-Preeminent ratings from Martindale-Hubbell, recognizing them in the highest class of attorneys for professional ethics and legal skills.