A challenge to the use of a cy pres charitable donations to settle privacy claims against Google will be heard by the Supreme Court. In Frank v. Gaos, petitioners seek reversal of lower court decisions rejecting their...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
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
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 ,
Department of Justice (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
Trends & Analysis -
Since our last Qui Tam Update, we have identified 39 health-related False Claims Act (“FCA”) qui tam cases that have been unsealed. Of those cases...more
9/22/2015
/ ACOs ,
Anti-Kickback Statute ,
Controlled Substances ,
False Billing ,
False Claims Act (FCA) ,
Falsified Documents ,
Former Employee ,
Health Care Providers ,
Healthcare ,
Healthcare Fraud ,
Internal Controls ,
Medicaid ,
Medicare ,
Medicare Shared Savings Program ,
Physicians ,
Prescription Drugs ,
Qui Tam ,
Relators ,
Retaliation ,
Settlement ,
State False Claims Acts ,
Stipulations ,
Third-Party Service Provider ,
TRICARE ,
Whistleblowers ,
Wrongful Termination
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
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
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
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
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
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
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
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