Melody McAnally

Melody McAnally

Butler Snow LLP

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Latest Publications


Financial Institutions’ Data Breach Class Action Bounced

I’ve previously blogged about a new breed of data breach class actions filed by financial institutions against retailers (as opposed to customers suing retailers). In these cases, financial institutions claim that retailers...more

11/3/2016 - Amended Complaints Data Breach Dismissals Duty of Care Financial Institutions Fraudulent Charges Negligence PCI-DSS Standard Pleadings Privity of Contract Retailers

Supreme Court Rejects Standing Argument in Spokeo, Inc. v. Robins

On May 16, 2016, the Supreme Court of the United States rejected the standing argument of a “bare procedural violation” advanced by the plaintiff in Spokeo, Inc. v. Robins. The Court reaffirmed that the injury-in-fact...more

5/19/2016 - Article III Data Breach FCRA Injury-in-Fact SCOTUS Spokeo v Robins Standing

Tennessee Amends Its Data Breach Notification Laws

Removes the Encryption Safe Harbor, Limits the Timing of Notice, and Expands “Unauthorized Persons” - Effective July 1, 2016, Tennessee becomes the first state to remove the encryption safe harbor from its data breach...more

4/20/2016 - Amended Legislation Data Breach Data Breach Plans Data Protection Data Security Encryption Personally Identifiable Information Popular Safe Harbors State Data Breach Notification Statutes Unauthorized Access

Data Breach Class Action Against SuperValu Doesn’t Check Out

The data breach class action lawsuit filed against grocery store retail chain SuperValu Inc. (“SuperValu”) was put on the shelf by the U.S. District Court for the District of Minnesota on January 7, 2016. The plaintiffs...more

2/23/2016 - Clapper v. Amnesty International Class Action Corporate Counsel Data Breach FCRA Personally Identifiable Information Popular SCOTUS Spokeo v Robins Standing State Data Breach Notification Statutes

Data Breach Class Action Against Michael Stores Doesn’t Stick

The arts and crafts retail chain Michael Stores Inc. (“Michaels”) received a late holiday gift in the form of a dismissal of a data breach class action lawsuit. On December 28, 2015, the U.S. District Court for the Eastern...more

1/21/2016 - Article III Clapper v. Amnesty International Class Action Data Breach Future Harm Identity Theft Michaels Popular SCOTUS Standing

FTC Loses Data Security Case

On November 13, 2015, an administrative law judge dismissed the FTC’s enforcement action against LabMD for its data security breach in 2008. This appears to be the first dismissal of a FTC data security enforcement action....more

12/23/2015 - ALJ Data Breach Dismissals FTC LabMD Popular

Why Every Data Breach Response Plan Should Involve Outside Counsel

The importance of retaining outside counsel after a data breach was recently underscored in the Target data breach class-action litigation filed by the financial institutions. Plaintiffs filed a motion to compel Target to...more

12/4/2015 - Attorney-Client Privilege Data Breach Incident Response Plans Motion to Compel Outside Counsel Popular Target Task Force Work Product Privilege

Data Breach Litigation – Financial Institutions Score Another Shot

Previously I wrote about banks joining the legal battle over data breaches. Anyone not living under a rock knows that there is multidistrict class action litigation involving Target’s massive data breach in December 2013...more

1/13/2015 - Banks Class Action Complex Litigation Data Breach Debit and Credit Card Transactions Multidistrict Litigation Shareholders Target

Data Breach Litigation – A New Wave of Class Actions by Financial Institutions

Rarely does a day go by without news of a data security breach. According to the Identify Theft Resource Center, there have been a total of 447 data breaches to date this year, which represents a 20.5% increase over the same...more

8/14/2014 - Banks Class Action Cybersecurity Data Breach Data Protection Identity Theft Popular

California May Soon Be Calling You

Recently California amended its privacy laws requiring website privacy notices for businesses outside California’s borders. If your business operates a commercial website that collects consumers’ personally identifiable...more

7/11/2014 - Notice Requirements Personally Identifiable Information Privacy Laws Websites

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