Kevin McGinty

Kevin McGinty

Mintz Levin

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Home Depot Data Breach Litigation: Venue and Consolidation

Substantive litigation in the flood of lawsuits concerning the recent Home Depot data breach awaits a determination of where the cases will be heard. Numerous overlapping lawsuits have been filed in courts throughout the...more

11/5/2014 - Case Consolidation Data Breach Data Protection Home Depot Venue

Mintz Levin Health Care Qui Tam Update - Recent Developments & Unsealed False Claims Act Cases: October 2014

Trends & Analysis - Between our last Qui Tam Update and the end of June, 65 health care–related qui tam cases were unsealed (28 in April, 18 in May, and 19 in June). Within those 65 cases...more

10/16/2014 - False Claims Act Healthcare Medicare Part D Pharmaceutical Pharmacies Prescription Drugs Qui Tam

Even in Privacy Cases, Risk of Injury Does not Always Equal Injury

It’s an ancient conundrum; if a tree falls in the forest, and no one is there to hear it, does it make a sound? Privacy litigation may well offer the closest jurisprudential equivalent; if data is stolen, but no one does...more

7/17/2014 - Data Breach Liability PHI

Mintz Levin Health Care Qui Tam Update - Recent Developments & Unsealed False Claims Act (FCA) Cases: May 2014

Trends & Analysis: ..We have identified 58 health care–related qui tam cases that have been unsealed since our last Qui Tam Update. Of those, 33 cases were initiated after the start of 2012, with the remaining 25 cases...more

5/23/2014 - Clinical Laboratories Diagnostic Imaging Services FCA Healthcare Hospitals Laboratories Pharmacies Physicians Prescription Drugs Qui Tam

Aggressive Liability Theory Does Not Eliminate Obstacles To Banks’ Claims In Target Data Breach Class Action

The latest salvo in the Target data breach litigation is a class action brought by credit card issuing banks advancing a creative and somewhat misleading construction of the Minnesota’s Plastic Card Security Act. The banks...more

4/14/2014 - Banks Class Action Cybersecurity Data Breach Data Protection Target

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

Trends & Analysis - ..We have identified 18 health care–related qui tam cases unsealed since last month’s Qui Tam Update. Of those, 10 were filed from 2012 to the present. The remaining cases, filed before 2012, date...more

3/21/2014 - Healthcare Qui Tam

Mintz Levin Health Care Qui Tam Update - Recent Developments & Unsealed False Claims Act (FCA) Cases

Trends & Analysis: •We have identified 23 health care–related qui tam cases unsealed since last month’s Qui Tam Update. Only six of those cases were filed in 2013. The majority (13 cases) were filed in 2011 or 2012,...more

2/12/2014 - Anti-Kickback Statute False Claims Act Healthcare Qui Tam

Damages Issues Again Thwart the Bulk of Plaintiffs’ Claims in the PlayStation Network Data Breach Class Action

In the latest chapter in the Sony PlayStation Network (“PSN”) data breach saga, a decision that issued on January 21, 2014 permanently dismissed all but a handful of the class action claims advanced in a 51 count complaint. ...more

1/24/2014 - Class Action Confidential Information Cybersecurity Data Breach Data Protection Personally Identifiable Information Play Station Putative Class Actions Sony Standing

Mintz Levin Health Care Qui Tam Update -- Recent Developments & Unsealed False Claims Act Cases

Trends & Analysis: - We have identified 31 health care–related qui tam cases unsealed since last month’s Qui Tam Update. Of those, only six were filed in 2013. The majority (14 cases) were filed in 2011 or 2012, with the...more

1/16/2014

On the 11th Day of Privacy, class counsel served on me……

. . . a data breach class action. Hackers and plaintiffs’ lawyers could combine to make 2014 the year when class actions concerning theft of sensitive information proliferate. On this 11th Day of Privacy, we look...more

12/24/2013 - Class Action Credit Cards Cybersecurity Cybertheft Data Breach Data Protection Data Theft Financial Crimes Hackers Identity Theft Retailers Risk Management Security and Privacy Controls Target Vendors

Mintz Levin Health Care Qui Tam Update - Recent Developments & Unsealed Cases: November 2013

Trends and Analysis: ..We have identified 32 health care-related qui tam cases unsealed since last month’s Qui Tam Update. Of those, only four were filed in 2013. The majority (23 cases) were filed in 2012, with the...more

12/5/2013 - Certiorari False Claims Act Healthcare Qui Tam SCOTUS

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

Trends and Analysis: ..We have identified 21 health care–related qui tam cases unsealed since last month’s Qui Tam Update. Of those, two were filed in 2013, 15 were filed in 2011 or 2012, and four were filed in 2010 or...more

11/1/2013 - Anti-Kickback Statute False Billing False Claims Act Healthcare Off-Label Promotion Pharmaceutical Prescription Drugs Qui Tam Relators Sealed Records

Want to Turn on Your Employer? There’s an App for That.

Plaintiffs’ firms looking to capitalize on the growth in whistleblower litigation are turning to smart phone technology to try to gain a competitive edge. Well-known Delaware plaintiffs’ class action law firm Grant &...more

9/27/2013 - Mobile Apps Mobile Devices Qui Tam Whistleblowers

Mintz Levin Health Care Qui Tam Update -- Recent Developments and Unsealed Cases: September 2013

Trends and Analysis - ..We have identified 24 health care-related qui tam cases unsealed since last month’s Qui Tam Update. Of those, only 2 were filed in 2013. Nearly half were filed before 2011. ..Among the 24...more

9/26/2013 - False Claims Act FDA Healthcare Medical Devices NIH Pharmaceutical Qui Tam Sealed Records

Mintz Levin Health Care Qui Tam Update - Recent Developments and Unsealed Cases

Trends and Analysis: ..We have identified 20 health care-related qui tam cases unsealed in July 2013. About a quarter of those were filed in 2013. ..Among the cases unsealed in July, the government has declined to...more

8/20/2013 - Amgen Anti-Kickback Statute False Claims Act FDA Healthcare Hospitals Kickbacks Medicaid Medicare Pharmaceutical Physicians Prescription Drugs Qui Tam Relators Retaliation Sealed Records Stark Law TRICARE Whistleblowers

Hiding in plain sight: Failure to scrub patient data from digital copiers returned to leasing company results in $1.2 million...

We’ve sounded warnings about the lowly copy machine before. The proliferation of digital devices in the workplace means that data security must extend beyond computer networks and laptops. Seemingly old fashioned equipment,...more

8/16/2013 - Confidential Information Data Breach Data Protection Electronic Medical Records HIPAA Personally Identifiable Information Settlement

Huge FCRA Verdict Against Equifax Shows Potential Costs of Failing to Protect and Correct Consumer’s Credit History

Last week an Oregon jury awarded an individual plaintiff over $18 million in compensatory and punitive damages in what some sources have reported to be the first jury verdict in a case brought under the Fair Credit Reporting...more

8/8/2013 - Credit History Credit Reports Data Breach Equifax FCRA Jury Verdicts Loans Social Security Numbers

Massachusetts Supreme Judicial Court Bows to U.S. Supreme Court on Class Action Waivers in Arbitration Agreements

In an abrupt but not unexpected reversal, the Massachusetts Supreme Judicial Court (SJC) has been forced to change its position on class action waivers in arbitration agreements in light of a new decision by the U.S. Supreme...more

8/7/2013 - American Express American Express v Italian Colors Restaurant Arbitration AT&T Mobility v Concepcion Class Action Class Action Arbitration Waivers Dell Federal Arbitration Act SCOTUS

Recent Class Arbitration Decisions by Massachusetts Supreme Judicial Court and U.S. Supreme Court in Conflict

When a person agrees to a contract that prohibits class-wide proceedings — whether in court or in arbitration — can a court refuse to enforce that contract because it would make no economic sense for an individual to spend...more

7/5/2013 - American Express American Express v Italian Colors Restaurant Arbitration AT&T Mobility v Concepcion Class Action Class Action Arbitration Waivers Federal Arbitration Act SCOTUS

Seventh Circuit Declines to Review Class Certification Order in Enormous Computer Privacy Class Action

In its recent decision in Harris v. comScore, Inc., the Seventh Circuit declined to review a trial court order certifying a plaintiff class consisting of hundreds of thousands of computer owners who downloaded software that...more

6/15/2013 - CFAA Class Action Class Certification Clickwrap Agreements Data Collection ECPA Harris v comScore Software Stored Communications Act Unjust Enrichment Web Tracking

Federal Court Rules That Issuers Face Strict Liability for Erroneous Statements About Legal Compliance in Registration Statements,...

A recent federal appeals court decision addressing pleading standards for shareholder suits under Section 11 of the Securities Act of 1933, as amended, highlights the potential dangers of giving broad assurances of legal...more

6/12/2013 - Biotechnology Compliance Derivative Suit False Statements Healthcare Pleading Standards Registration Strict Liability

First Circuit Rules First-Filed Complaint Need Not Satisfy Rule 9(b) to Bar Subsequent Qui Tam Actions

To incentivize whistleblowers to bring false claims promptly to the government’s attention, the False Claims Act (FCA) includes a so-called “first-to-file rule“ (31 U.S.C § 3730(b)(5)), which bars a person other than the...more

6/6/2013 - False Claims Act First-Filed Action Rule Fraud Investigations Qui Tam

FLSA Class Actions: Recent Seventh Circuit Decision Points To Merger Of Certification Standards

A significant recent Seventh Circuit decision, written by noted Judge Richard Posner, affirmed decertification of an FLSA collective action, essentially on the ground that the collective action could not satisfy the...more

4/10/2013 - Class Action Class Certification FLSA Opt-In Opt-Outs

Hannaford Data Breach Class Action Certification: Denied

Damages issues continue to bedevil would-be data breach class action plaintiffs. A long and growing line of cases holds that consumers cannot maintain claims arising from theft of their personal or financial data without...more

4/2/2013 - Class Action Class Certification Damages Data Breach Data Protection

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