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Civil Procedure General Business Privacy

Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:

Customers Sue Darden Restaurants Over Information on Receipts

by Reed Smith on

A class action lawsuit was recently filed against Darden Restaurants, Inc. (“Darden”), alleging that Darden violated the Fair and Accurate Credit Transactions Act (“FACTA”). Specifically, the plaintiffs alleged that...more

District of New Jersey Further Defines the Evolving Boundaries of Injury-in-Fact After Spokeo

by BakerHostetler on

On June 6, 2017, in Kamal v. J. Crew Grp, Inc., No. CV 2:15-0190, 2017 WL 2443062 (D.N.J. June 6, 2017), the United States District Court for the District of New Jersey dismissed a plaintiff’s second attempt to assert a claim...more

Northern District of Illinois Dismisses Barnes & Noble Data Breach Lawsuit

by Alston & Bird on

Earlier this month, the United States District Court for the Northern District of Illinois entered an order dismissing with prejudice a putative class action concerning a security breach affecting PIN pad devices at numerous...more

U.S. Court Upholds Privilege Claim Respecting Report Prepared Following Data Breach

Those following developments in the data breach litigation space will be interested in the recent decision, In re Experian Data Breach Litigation (In Re Experian), where the California District Court upheld a privilege claim...more

Lyft Drivers Allege Uber Spied on them for Competitive Edge

by Jackson Lewis P.C. on

A former Lyft driver filed a class action lawsuit in the Northern District of California against Uber, alleging Uber violated the Electronic Communications Privacy Act (“ECPA”), the California Invasion of Privacy Act...more

Court Applies Work Product Protection to Breach Investigation Reports

One of the most significant questions in data security law is whether reports created by forensic firms investigating data breaches at the direction of counsel are protected from discovery in civil class action lawsuits. ...more

Lone Objector’s Class-Conflict Arguments Miss the Target

by Carlton Fields on

In 2015, Target settled a class action stemming from a massive data breach of its customers’ sensitive information. According to the settlement terms, Target agreed to pay $10 million to those affected. The Minnesota district...more

Target and States Resolve 2013 Data Breach Investigation with $18.5M Settlement

by Balch & Bingham LLP on

Target Corporation has reached an $18.5 million settlement with 47 states and the District of Columbia to resolve the investigation into the retailer’s 2013 data breach, officials announced on May 23, 2017. The 2013 data...more

The State AG Report Weekly Update

by Cozen O'Connor on

2018 Election Update- Michael Dougherty Announces Bid for Colorado Attorney General- Michael Dougherty formally announced his candidacy to become Colorado AG. Dougherty is the third Democrat to formally enter the...more

Substantial Risk of Harm in Data Breach Class Actions Ripe for Supreme Court Review

by BakerHostetler on

Early in May, the U.S. Court of Appeals for the Second Circuit in Whalen v. Michaels Stores, Inc., No. 16-260 (L) (2d Cir. May 2, 2017), affirmed the dismissal of a data breach class action brought against Michaels Stores...more

Second Circuit Holds Data Breach Class Action Plaintiff Lacks Sufficient Injury to Support Standing

by McGuireWoods LLP on

Those who tuned in to McGuireWoods’ data breach class action webinar last month know that attacking the plaintiff’s standing can be an effective defense strategy in these cases. Here’s our analysis of the most recent...more

Data Breach Lawsuit Survives Motion to Dismiss

by Bracewell LLP on

In an April 13, 2017 decision in Walters v. Kimpton Hotel, a California federal judge rejected the bid of hotel chain Kimpton Hotel and Restaurant Group, LLC to dismiss a proposed class action arising from a data breach last...more

When Confidential is Not Confidential - Identities of Confidential Sources of Distressed Debt Reporter are Not Subject to NY...

by Dechert LLP on

There is the general expectation that when a source discloses information to a reporter on a confidential basis, the source will be protected and their identity and communications cannot be forced to be disclosed. This is...more

Coca-Cola Dodges Privacy Class Action

by Cozen O'Connor on

Coca-Cola won big last month when it secured summary judgment in a privacy class action brought by a former bottling plant employee concerning compromised personal information. Hon. Joseph Leeson of the Eastern District of...more

Win for Insurance Industry in Computer Fraud Coverage Ruling

by Cozen O'Connor on

Computers are involved at some point in almost every business transaction—that is the reality of life in the digital age. The implications of that fact are still being worked out with respect to the interpretation of...more

2016 Class Action Year-End Review

by BakerHostetler on

We are pleased to share BakerHostetler’s 2016 Class Action Year-End Review, which offers a summary of key developments in class action litigation during the past year. Class action litigation moved to the forefront of the...more

Arby’s Whacked with More Data Breach Class Action Lawsuits

As we previously reported, Arby’s was hit with malware that infected over 1,000 of its fast food locations throughout the U.S. between October 25, 2016, and January 19, 2017, and was hit with multiple class action suits over...more

Wendy’s Successful in Trimming Data Breach Class Action Suit But No Dismissal

We have previously discussed the class action case filed against Wendy’s as a result of a data breach. The case was initially dismissed based upon lack of standing, but the plaintiffs were given the opportunity to amend the...more

Subject Access Requests: "not an obligation to leave no stone unturned"

by White & Case LLP on

The English Court of Appeal has ruled in two recent cases that subject access requests are generally valid, and businesses must comply with such requests, even if they are made for collateral purposes, such as collecting...more

Wendy’s Executives and Board File Motion to Dismiss

We previously reported that Wendy’s was hit with a putative class action shareholders’ derivative suit in December following its data breach in 2016. Late last week, the executives and Board of Wendy’s filed a Motion to...more

Privilege Waiver: Is Your File-Sharing Site a Public Park Bench?

While courts and the Federal Rules of Evidence take an increasingly pragmatic approach to the question of when inadvertent disclosure of privileged information results in waiver, a recent federal magistrate’s ruling serves as...more

Home Depot Settles with Financial Institutions for Over $25 Million in Data Breach Case

New filings in the consolidated Home Depot data breach litigation, which we have previously covered on this blog, indicate that Home Depot and the remaining financial institution plaintiffs have reached a...more

The 2017 Carlton Fields Class Action Survey

by Carlton Fields on

The 2017 Carlton Fields Class Action Survey has just been released, and the findings reveal some unexpected trends in class action litigation, based on insights provided by 387 general counsels and chief legal officers at...more

Butler Quarterly - Winter 2017

Two recent federal cases highlight the challenges practitioners face in presenting expert claims handling testimony in bad faith litigation under the Daubert standard. In the first case, a court excluded such expert testimony...more

Arby’s Hit with Multiple Class Action Suits over Data Breach

Arby’s has announced that its point-of-sale system had been compromised by intruders over a four month period between October of 2016 and January of 2017, exposing the credit and debit card information of 355,000 customers....more

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Cybersecurity

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