Kevin McGinty

Kevin McGinty

Mintz Levin

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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 Services Industry 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 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

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

Trends & Analysis: ..We have identified 33 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. In addition, we have also identified one case...more

6/8/2015 - Anti-Kickback Statute Clinical Trials False Claims Act Hospitals Medical Devices Qui Tam Whistleblower Protection Policies Whistleblowers

Home Depot Moves to Dismiss Consumer Data Breach Claims for Lack of Standing

Home Depot has staked its defense of consumer claims arising from the 2014 theft of payment card data from the home improvement retailer on the asserted absence of injuries sufficient to confer standing to sue. Because...more

6/4/2015 - Article III Class Action Corporate Counsel Cybersecurity Data Breach Data Protection Home Depot Jurisdiction Popular Standing Target

Failure to Obtain Required Retailer Approval Scuttles Target-MasterCard Data Breach Settlement

Target’s attempt to resolve claims of MasterCard-issuing banks through a $19 million private settlement with MasterCard has been terminated for failure of issuers of 90% of the affected cards to accept the settlement by the...more

5/27/2015 - Data Breach MasterCard Retailers Settlement Target

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

Trends & Analysis - ..We have identified 67 health care–related qui tam cases that have been unsealed since the cases covered in our last Qui Tam Update. Of those cases, 29 were filed before January 1, 2014, with seven...more

5/12/2015 - Anti-Kickback Statute False Claims Act Health Care Providers Healthcare Medicare Qui Tam Stark Law Whistleblowers

Judge in Target Data Breach Litigation Declines to Block MasterCard Settlement

Senior U.S. District Court Judge Paul Magnuson issued an order on Thursday, May 7 denying a request by counsel for card issuer banks to enjoin the settlement of data breach related claims negotiated between Target and...more

5/8/2015 - Banks Credit Cards Cyber Attacks Cybersecurity Data Breach Financial Institutions MasterCard Popular Settlement Agreements Target

Target and Card Issuers Dispute Use of MasterCard Settlement to Resolve Data Breach Claims

In the wake of Target’s April 15 announcement of a private $19 million settlement of the data breach claims of MasterCard-issuing banks, counsel representing the putative card issuer class in the consolidated Target data...more

5/2/2015 - Class Certification Credit Cards Data Breach Dispute Resolution MasterCard Preliminary Injunctions Settlement Target

UPDATE: Target Confirms It Has Negotiated A $19 Million Data Breach Settlement With MasterCard

Target confirmed a report in the Wednesday edition of The Wall Street Journal of a settlement with MasterCard concerning claims of card-issuers arising from Target’s 2013 data breach. The data breach, which occurred during...more

4/17/2015 - Data Breach MasterCard Settlement Target

Report: Target Close To $20M Data Breach Settlement With Master Card

According to a report published today in The Wall Street Journal, Target and MasterCard are close to reaching a settlement of the claims of MasterCard-issuing institutions in connection with Target’s 2013 data breach. The...more

4/16/2015 - Data Breach MasterCard Settlement Negotiations Target

Precedent and the Price Explain Why Target and the Consumer Class Agreed to an Early Data Breach Settlement

On March 18, 2015 – just three months after denial of a motion to dismiss consumer claims arising from Target’s 2013 data breach – Target and the consumer class filed papers seeking approval of a settlement. The proposed...more

3/23/2015 - Class Action Corporate Counsel Data Breach Settlement Target

Mintz Levin Health Care Qui Tam Update - Recent Developments & Unsealed Cases: March 2015

Trends & Analysis - ..We have identified 19 health care–related qui tam cases unsealed in November and December 2014. Of those cases, 17 were filed from 2012 to the present. The remaining two cases were filed in April...more


Target Data Breach Price Tag: $252 Million and Counting

In a recently-released Form 8-K filing announcing fourth quarter and year-end financial results, Target Corporation reported that expenses incurred in 2014 relating to its 2013 data breach totaled over $191 million. Those...more

2/26/2015 - Cybersecurity Data Breach Form 8-K Liability Insurance Popular SEC Target

Second Circuit Court of Appeals Holds That Supreme Court’s Comcast Decision Does Not Prohibit Class Certification Where Damages...

The Second Circuit Court of Appeals has released its much-anticipated decision in Roach v. T.L Cannon Corp., addressing the Supreme Court’s Comcast Corp. v. Behrend decision in connection with a wage and hour class action...more

2/12/2015 - Appeals Calculation of Damages Class Action Comcast v. Behrend Employer Liability Issues SCOTUS Wage and Hour

The Anthem Data Breach: The Fallout and What’s Next

By now (unless you have been under a snow drift), you have likely heard about the apparent intrusion into a database at the nation’s largest health insurer, Anthem, Inc. Rather than reiterate the facts as currently known...more

2/11/2015 - Anthem Blue Cross Corporate Counsel Cyber Attacks Cybersecurity Data Breach Data Protection Health Insurance Insurance Companies Personally Identifiable Information Popular Risk Mitigation

Consumer Claims Survive Motion to Dismiss in Target Data Breach Class Action

A recent ruling by Federal District Judge Paul Magnuson will permit most of the consumer claims in the Target data breach litigation to survive Target’s motion to dismiss. This most recent ruling follows on the heels of the...more

12/30/2014 - Class Action Data Breach Debit and Credit Card Transactions Motion to Dismiss Personally Identifiable Information Standing Target

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