STATISTICAL TRENDS IN FALSE CLAIMS ACT LITIGATION -
FCA case activity for 2021 reveals seemingly contrary trends. For the federal fiscal year (FY) that ended September 30, 2021, the DOJ annual report on FCA enforcement...more
2/11/2022
/ Clinical Trials ,
Coronavirus/COVID-19 ,
Cybersecurity ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Claims Act (FCA) ,
Fraud and Abuse ,
Health Care Providers ,
Healthcare Fraud ,
Kickbacks ,
Medical Devices ,
Medicare ,
Medicare Advantage ,
Nursing Homes ,
Pharmaceutical Industry ,
Pharmacies ,
Qui Tam ,
Telehealth
In the latest decision concerning standing in data breach cases, the Fourth Circuit has vacated a district court’s dismissal and reinstated putative class action data breach litigation against the National Board of Examiners...more
A circuit split on whether actual misuse of personal data is required to have standing to assert data breach claims remains unresolved. Last week the Supreme Court rejected a petition to review that issue in CareFirst v....more
3/1/2018
/ Article III ,
Cybersecurity ,
Data Breach ,
Hackers ,
Identity Theft ,
Injury-in-Fact ,
Jurisdiction ,
Personal Data ,
Personally Identifiable Information ,
Spokeo v Robins ,
Standing
This week’s disclosure that a 2013 data breach may have affected all 3 billion Yahoo accounts then in existence could alter the scope of the consolidated data breach cases currently pending against Yahoo in the federal court...more
Snatching victory of a sort from the jaws of defeat, shareholders who brought a derivative action alleging that the 2014 Home Depot data breach resulted from officers’ and directors’ breaches of fiduciary duties have reached...more
5/2/2017
/ Appeals ,
Breach of Duty ,
Corporate Counsel ,
Corporate Governance ,
Cybersecurity ,
Data Breach ,
Derivative Suit ,
Fiduciary Duty ,
Home Depot ,
Popular ,
Settlement ,
Shareholders
When hackers steal consumer data, injury to consumers is not a foregone conclusion. This is particularly so where credit and debit card numbers are stolen. Banks, not consumers, bear the cost of fraudulent charges. ...more
Dismissal Of Home Depot Derivative Action Extends Shareholder Losing Streak
An attempt to impose liability on corporate officers and directors for data breach-related losses has once again failed. On November 30,...more
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
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
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
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
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
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
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 Industry ,
Personally Identifiable Information ,
Popular ,
Risk Mitigation
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
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
. . . 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