Kevin McGinty

Kevin McGinty

Mintz Levin

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Supreme Court Decision in Spokeo Breathes Life Into Standing Defenses

Court holds that plaintiff must allege a concrete injury to have standing to sue for a statutory violation; remands for further proceedings - In its just-issued decision in Spokeo, Inc. v. Robins, No. 13-1339, slip op....more

5/17/2016 - Article III Class Action FCRA Injury-in-Fact SCOTUS Spokeo v Robins Standing Statutory Damages

Mintz Levin Health Care Qui Tam Update - Recently Unsealed Whistleblower Cases: April 2016

Trends & Analysis - ..We have identified 42 health care–related qui tam cases that have been unsealed in whole or in part since the cases covered in our last Qui Tam Update. Included in that count is one proceeding (the...more

4/12/2016 - Class Action Corporate Integrity Agreement Fraud HIPAA Qui Tam Whistleblowers

It’s A Wrap! Sony Pictures Data Breach Case Settles Without A Hollywood Ending For The Plaintiff Class

Everyone loves a good courtroom drama. So just imagine this pitch: henchmen of an evil dictator hack their way into a movie studio computer system. Once inside, they steal the most sensitive personal information of the...more

4/11/2016 - Class Action Data Breach Personally Identifiable Information Settlement Agreements Sony

Taking an Evidentiary Approach, the Supreme Court Rules that Employees Can Use Representative Samples to Establish Classwide...

The United States Supreme Court ruled Tuesday that Tyson Foods employees could use representative evidence to establish liability and damages for class certification purposes. The opinion gives the plaintiffs’ class action...more

3/26/2016 - Admissible Evidence Calculation of Damages Class Action Class Certification Class Members Doffing Donning FLSA SCOTUS Statistical Sampling Tyson Foods v Bouaphakeo Unpaid Overtime Wage and Hour

Early Settlement of the Home Depot Consumer Data Breach Claims – The Start of a Trend?

Last week, a federal court in Atlanta issued an order preliminarily approving a proposed settlement – valued up to $19.5 million – of the consumer claims arising from the 2014 theft of payment card data from Home Depot. The...more

3/16/2016 - Actual Injuries Class Action Corporate Counsel Data Breach Home Depot Settlement Standing

New York Federal Court Interprets Supreme Court’s Gomez Pick-Off Strategy Opinion Broadly; Declines Employer Request to Deposit...

Last month, we wrote about the Supreme Court’s opinion in Campbell-Ewald Co. v. Gomez, in which the Court ruled that “an unaccepted Rule 68 Offer of Judgment for complete relief does not moot a plaintiff’s individual and...more

2/18/2016 - Campbell Ewald v Gomez Class Action Class Certification Class Representatives Mootness Rule 68 SCOTUS

Second Circuit Amends its Unpaid Intern Classification decision; Refines the Primary Beneficiary Analysis

Last summer the Second Circuit issued an important decision that identified the proper test for determining whether an employer properly classified an individual as an unpaid intern. The decision was a victory for employers...more

2/18/2016 - Corporate Counsel FLSA Internships Misclassification Primary Beneficiary Test Unpaid Interns Wage and Hour

The Problem With Data Security is not the Hardware or the Software, It’s the Wetware

Remember this? - “Wetware” – coder slang for biological life forms (i.e., people) – is the weak link in most companies’ data security protections, according to a new data security report issued by the Association of...more

1/13/2016 - Cybersecurity Data Breach Data Security Employee Training Popular

Massachusetts Court: Patients Have Standing to Sue for Data Breach Based on Data Exposure Alone

A Massachusetts Superior Court judge held that a plaintiff has standing to sue for money damages based on the mere exposure of plaintiff’s private information in an alleged data breach. The court concluded that the plaintiff...more

1/5/2016 - Damages Data Breach Data Privacy Medical Records Popular Standing

Mintz Levin Health Care Qui Tam Update - Recently Unsealed Whistleblower Cases: December 2015

Trends & Analysis - We have identified 24 health care–related qui tam cases that have been unsealed since our last Qui Tam Update. Of the 24 cases, five were filed within the past year, seven were filed in 2014, three...more

12/29/2015 - Anti-Kickback Statute False Claims Act (FCA) False Statements Medicaid Medicare Qui Tam Stark Law Whistleblowers

The Twenty-Year Ascendancy of Health Care Qui Tam Litigation in Five Simple Graphs

Experienced practitioners are anecdotally aware of the growth in recent years in the volume of health care qui tam litigation. That perceived trend is validated quite graphically in the most recent Department of Justice...more

12/9/2015 - Corporate Counsel Department of Defense (DOD) DOJ False Claims Act (FCA) HHS Qui Tam

Target and Card Issuers Reach Final Data Breach Settlement

Two years after the massive holiday season theft of customers’ payment card data from Target point of sale terminals, the Target data breach litigation appears to be entering its final act. On Tuesday, December 1, Target...more

12/4/2015 - Attorney's Fees Class Action Data Breach Incentive Awards MasterCard Settlement Agreements Target Visa Inc

Standing Issues Could Still Derail Google Cookie Placement Litigation

In a decision almost a year in the making, the Third Circuit’s recent opinion in In re Google Inc. Cookie Placement Privacy Litig. (3d Cir. Nov. 10, 2015), (“Google”), reversed a trial court order dismissing a lawsuit...more

11/18/2015 - Corporate Counsel Failure To State A Claim Google Invasion of Privacy SCOTUS Spokeo v Robins Standing Web Tracking

Mintz Levin Health Care Qui Tam Update: Recently Unsealed Whistleblower Cases: October 2015

Trends & Analysis: ..We have identified 15 health care–related qui tam cases that were unsealed since our last Qui Tam Update. Of those, 12 were filed from 2012 to the present. All but two cases had been pending more...more

10/9/2015 - Anti-Retaliation Provisions Corporate Integrity Agreement Declination DOJ Employees False Claims Act (FCA) Former Employee Healthcare Healthcare Fraud Kickbacks Medicaid Medicare OIG Overpayment Qui Tam Relators Settlement Social Security Act Stark Law State False Claims Acts Whistleblowers

Strike Suit Offers Conjectures, And Little More, About Scottrade Data Breach

As reported on Friday in the Krebs on Security blog, online broker Scottrade had sent an e-mail to customers earlier that day stating that it recently had learned from law enforcement officials that Scottrade was one of a...more

10/8/2015 - Class Action Credit Monitoring Cyber Crimes Cybertheft Data Breach Data Privacy Data Security Financial Institutions Government Investigations Law Enforcement Personal Data Scottrade Standard of Care

Sony: Stipulation Announces (but does not disclose) Employee Data Breach Class Settlement

This Is The End? - Settlement appears imminent in an employee class action against Sony Pictures Entertainment (“SPE”) arising from disclosure of their personally identifiable information (“PII”) in a massive data breach...more

9/8/2015 - Class Action Class Certification Credit Monitoring Cybersecurity Data Breach Data Privacy Data Security Employee Privacy Rights Free Identity Theft Protection Hackers Identity Theft Personally Identifiable Information Settlement Sony Stipulations

A Pick Off Play Strikes Out at the First Circuit, But There Are More Innings to be Played; the Debate Over Rule 68 Offers of...

Sorry, we couldn’t resist mixing our baseball metaphors. In Bais Yaakov of Spring Valley v. ACT, Inc., the First Circuit affirmed a district court decision refusing to dismiss a putative class action as moot based on an...more

8/27/2015 - Campbell Ewald v Gomez Class Certification Offer of Judgment Putative Class Actions Rule 68 SCOTUS TCPA

Banks’ Class Certification Motion Trumpets Target Data Security Failings, Ignores Impact of Card Association Settlements

Card-issuing banks are forging ahead with their lawsuit against Target arising from the 2013 holiday shopping season data breach. Their July 1 motion for class certification has just been unsealed, allowing a glimpse at...more

8/26/2015 - Class Action Class Certification Credit Cards Cybersecurity Data Breach Data Protection Data Security MasterCard Personally Identifiable Information Settlement Agreements Target Visa Inc

Breaking News: Target to Settle Data Breach Claims of Visa Card Issuers for $67 Million

Target has announced that it has entered into a settlement with Visa to resolve claims of issuers of Visa credit and debit cards arising from Target’s November 2013 data breach. The proposed settlement will pay issuers of...more

8/19/2015 - Damages Data Breach Data Privacy Settlement Target Visa Inc

7th Circuit Latest Court to Weigh in on Rule 68 Offers of Judgment; Holds That They Don’t Moot a Case; But With Supreme Court...

A Seventh Circuit panel recently overruled its own precedent to hold that a defendant’s offer of full compensation in an offer of judgment under Federal Rule of Civil Procedure 68 does not moot the litigation. While the...more

8/14/2015 - Class Action Judge Easterbrook Mootness Offer of Judgment Richard Posner Rule 68 Wage and Hour

Neiman Marcus Chides Seventh Circuit Panel

Neiman Marcus Petition Claims that Seventh Circuit Decision Invents Harm to Find Standing to Bring Data Breach Claims - Retailer Neiman Marcus has filed a petition seeking en banc review by the entire Seventh Circuit of...more

8/5/2015 - Clapper v. Amnesty International Credit Cards Data Breach Data Privacy En Banc Review Identity Theft Imminent Harm Neiman Marcus SCOTUS Standing

Change in the Prevailing Winds in Consumer Data Breach Cases?

Seventh Circuit Rules Consumers Have Standing to Sue in Neiman Marcus Payment Card Data Breach Case - In Remijas v. Neiman Marcus Group, LLC, the Seventh Circuit reversed a district court decision dismissing consumer...more

7/22/2015 - Appeals Article III Clapper v. Amnesty International Class Action Data Breach Debit and Credit Card Transactions Imminent Harm Neiman Marcus Retailers Spokeo v Robins Standing

Mintz Levin Health Care Qui Tam Update - July 2015

Trends & Analysis - ..We have identified 36 health care–related qui tam cases that have been unsealed since the cases covered in our last Qui Tam Update. Of these cases, eight were filed within the last year. A number...more

7/19/2015 - Anti-Kickback Statute False Claims Act (FCA) Healthcare Intervenors Medicare Qui Tam Settlement Stark Law Whistleblowers

Home Depot Moves to Dismiss Bank Data Breach Claims on Standing and Ripeness Grounds

In its recently-filed motion to dismiss claims of card-issuing banks arising from the September 2014 theft of payment card data from Home Depot point of sale terminals, Home Depot employs an approach typically used to respond...more

7/9/2015 - Banks Data Breach Debit and Credit Card Transactions Home Depot Motion to Dismiss Point of Sale Terminals Ripeness Standing

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