Jenner & Block

California Consumer Privacy Act (CCPA)

The private right of action in the California Consumer Privacy Act (CCPA) will usher in a new brand of consumer class action litigation in California.  Here at Jenner & Block, we not only have experience with privacy-based consumer litigation, we are also steeped in the details of CCPA.  When combined with our history of significant consumer class actions in California state and federal courts, Jenner & Block is prepared from the start of the CCPA to help companies confront their new litigation reality.  Our service combines the key elements required to mount a successful defense of class actions under CCPA:

CCPA COUNSELING AND GUIDANCE

Since its passage, we have been studying the CCPA, its amendments and its proposed regulations, as well as assessing its impact on businesses across the globe.  We have worked with clients and partners to prepare for and operationalize the litany of requirements of CCPA.  We have produced a body of knowledge on the CCPA and have helped clients to comply with the new law by anticipating future legal risks.

In addition, we have worked with our clients as they negotiated with and provided comments to the California legislature (authors of the CCPA) and the California Attorney General on topics such as amendments to CCPA, proposed regulations and the language of the California Privacy Rights Act of 2020.  Our lawyers have an intimate knowledge of the different bargaining techniques that have resulted in the current CCPA.

CONSUMER CLASS ACTION DEFENSE

We offer clients a powerful combination of trial experience and extensive knowledge of the complexities of class action law suits in federal and state courts throughout California.  Our lawyers are vigorous, innovative advocates who have won victories for defendants.  We emphasize early strategic thinking with the goal of obtaining the best business result for our clients.  Our proactive team approach enables us to guide our clients through the issues raised by these intellectually intricate lawsuits.  We pride ourselves on developing partnerships with corporate counsel, and we are often asked to suggest methods of risk management to minimize the impact of an anticipated problem.

In addition, our lawyers frequently speak and write on class action issues.  Our partners are the authors of the leading treatise on class actions, Moore’s Federal Practice (3rd Edition), and have published many other works in the field.  We are also active in the American Bar Association’s Litigation Section Class Actions Committee and the Chicago Bar Association’s Class Action Committee, including serving in leadership roles.

CALIFORNIA LITIGATION DEPTH OF EXPERIENCE

Jenner & Block’s Los Angeles team of award-winning lawyers reflects the highest traditions of the firm, consistently delivering excellence in the most complex and demanding legal matters.  They are seasoned trial and appellate advocates and dealmakers who bring deep and wide-ranging experience in complex commercial litigation, M&A transactions, intellectual property disputes, investigations and compliance.  Our Los Angeles office brings together a powerful combination of experience, professionalism and collaboration to help clients achieve their goals, no matter what legal challenge is presented.

Our litigators try cases and argue appeals nationwide in state and federal courts, and are equally experienced in resolving disputes through arbitration proceedings, handling matters involving antitrust, class action, intellectual property, professional liability and other complex commercial claims.

BIPA LITIGATION DEFENSE

Jenner & Block has litigated numerous consumer class action claims under the Illinois Biometric Information Privacy Act (BIPA), which has a similar remedial provision to the CCPA.  We combine our BIPA experience with our California consumer class action work and knowledge of CCPA in handling any CCPA data breach litigation. Our lawyers are currently representing clients who are the targets of the BIPA plaintiffs’ bar in 19 pending BIPA class action cases.  We recently won motions to dismiss in two of those cases.  We actively monitor all BIPA litigation, and to the best of our knowledge, our wins are the only two defense wins in 2019 out of more than 330 pending BIPA cases.  Those hard-fought wins are the result of our diligent efforts over the past two years to develop and assert new, unprecedented arguments.