The Data Chronicles: Data breach litigation | Navigating arbitration risk

Welcome to Hogan Lovells’ The Data Chronicles, brought to you by the firm’s global Privacy and Cybersecurity practice. This multimedia series is dedicated to the ever-changing legal and regulatory developments in the world of data, privacy, and cybersecurity.

In the second installment of our two-episode series, Scott Loughlin, co-lead of the Hogan Lovells Privacy and Cybersecurity practice, interviews Hogan Lovells litigation partner Vassi Iliadis and associate Laura Penaranda for an in-depth discussion on arbitration risks and class action waivers. They delve into the effects these provisions have on consumer-facing companies after a data security issue, resulting in an increase in arbitration demands due to clauses that are included in common terms of use contracts. The discussion provides an overview of arbitration risks, the impact of mass arbitration, and what companies should consider when revising their arbitration agreements.