New WG11 Brainstorming Groups - (1) Exploring Greater Efficiencies in Data Breach and Privacy Class Action Litigation and (2) Data Security and Privacy in Healthcare

Brainstorming Groups – Overview

  1. Exploring Greater Efficiencies in Data Breach and Privacy Class Action Litigation

Data breach and privacy class actions are expensive cases to litigate. While protections exist that are designed to ensure that only meritorious cases proceed in the litigation process (e.g., Fed. R. Civ. P. 11, motions to dismiss, motions to strike class allegations), the complex nature of these actions—including the discovery process, the need to hire expert witnesses, and multiple stages of motion practice—often require both sides (both the plaintiffs and the defendant and/or its insurance carrier) to commit substantial resources to litigation before resolution of the action can even be attempted, much less achieved. This brainstorming group will explore whether there are procedural or substantive changes to the current legal regime applicable to data breach and privacy class actions that would get such actions ripe for resolution more efficiently and cost-effectively. Brainstorming group members should plan to engage in a truly open discussion exploring the strengths and weaknesses of litigation positions being taken today by both sides in data breach and privacy class actions, and how the current rules of the road might be changed to reduce litigation costs in such actions. 

  1. Data Security and Privacy in Healthcare

Advances in medical technology, including the application of AI and Big Data, bring the promise of unprecedented medical breakthroughs and improved individual outcomes. While the law has long provided protections related to the privacy and data security of medical and health information, questions arise as to whether legacy and emerging laws adequately address emerging digital risks, or on the flip side, unduly limit the benefits of emerging healthcare technology.  Moreover, individuals are regularly asked to consent to the use of medical and health information, but such consents in their current form may not fully recognize the risks and promise of this data in an increasingly digital and interconnected world. WG11 is forming a new brainstorming group to assess and recommend areas in the healthcare space where Sedona can develop guidance to move the law forward. The brainstorming group should: (1) analyze the current legal landscape concerning the scope of medical and health information and its associated privacy and security protections, and (2) assess current legal requirements and common practices around obtaining consent for processing and use of healthcare and related information. The brainstorming group should identify whether one or more drafting teams should be formed to develop model standards in either or both of these areas.

Brainstorming Groups - Member Expectations

Brainstorming group members will be expected to actively participate in regularly scheduled phone conferences to brainstorm on work product ideas. Members will also be expected to participate in the drafting of a detailed outline that allows a subsequent drafting team to prepare work product consistent with standards of The Sedona Conference.

Brainstorming Groups - Selection

In order to apply for the brainstorming group(s), you must be a member of WG11. If you are interested in applying for the brainstorming group(s), but are not yet a member of WG11, please become a member by signing up for a  Working Group Series (WGS) membership. Once a WGS member, one is eligible to take part in the activities of all Working Groups, including WG11. If you have any questions about how to sign up for a membership or encounter any difficulties while doing so, please contact our office at [email protected] or +1(602) 258-4910.

In order to be considered for the brainstorming group(s), please provide separate answers to each of the questions below and submit to Michael Pomarico at [email protected] no later than COB EST on Thursday, February 2, 2023. Please be brief when answering the questions – no more than 50 words per answer to a question. When applying, please note which brainstorming group(s) you are applying for. If you are applying for both brainstorming groups, please be sure to answer the fourth question for each brainstorming group.

  1. What is your profession and expertise?
  2. How many years of experience do you have?
  3. What organization do you work for?
  4. What qualifications or experiences make you particularly qualified to serve on this brainstorming group, and why?


Announcement Date: 
Saturday, January 21, 2023