Civil Remedies, Privacy, Science, Computers & Technology

Data Breach Class Actions Can't Survive Certification Without Expert Testimony On Classwide Damages

by Amelia Gerlicher, James McCullagh | Perkins Coie on 4/17/2013

This is the latest opinion in the ongoing litigation arising out of a massive data breach suffered by Hannaford Bros. grocery stores. In re Hannaford Bros. Privacy Litigation, __F. Supp. 2d __, Case No. 2:08-MD-1954-DBH, 2013...more

Illinois Federal Court Certifies Considerable Class In Data Company Privacy Suit

by BuckleySandler LLP on 4/16/2013

On April 2, the U.S. District Court for the Northern District of Illinois certified a class of individuals who downloaded and installed tracking software created and operated by a data company and distributed by one of the...more

Court Denies Motion for Class Certification in Hannaford

by Erica Gann Kitaev | BakerHostetler on 4/5/2013

In an order surely to reverberate with both the plaintiffs’ and defense bar, on March 20, 2013, Judge D. Brock Hornby of the United States District Court for the District of Maine denied the plaintiffs’ motion to certify a...more

Court Holds that Hannaford Data Breach Suit Cannot Proceed as Class Action

by Ropes & Gray LLP on 3/29/2013

On March 20, 2013, the United States District Court for the District of Maine denied a motion brought by plaintiffs in In re Hannaford Brothers Company Data Security Breach Litigation that would have allowed the suit to...more

Google Settles Another Privacy Allegation — This One Concerning Its ‘Street View’

by Jeff Ifrah on 3/18/2013

Google recently agreed to a settlement after a three-year investigation conducted by 38 state attorneys general stemming for allegations that it had violated individuals’ privacy rights when it collected information from...more

The Data Breach Lawsuit Powder Keg

by Brad Walz | Winthrop & Weinstine, P.A. on 2/28/2013

Most data breaches occur because companies fail to implement adequate safeguards to protect personal identifiable information, and data breaches are growing in scope and sophistication. A study by NetDiligence concluded that...more

News From Our Own Vermont Backyard: Proposed Legislation On Password Privacy And Ownership Of Inventions

by Matthew Borick | Downs Rachlin Martin PLLC on 2/25/2013

Last month the Vermont Legislature kicked off its 2013-2014 Legislative Session, and already a couple of bills have our attention here at the IP Stone....more

U.S. Department of Health and Human Services Announces First HIPAA Breach Settlement Involving Fewer than 500 Patients

by Daren M. Orzechowski | White & Case LLP on 1/21/2013

On January 2, 2013, the U.S. Department of Health and Human Services ("HHS") settled its first case involving the unauthorized disclosure of the electronic protected health information ("ePHI") of fewer than 500 individuals....more

On-Line Privacy: The FTC Snuffs Out A “History Sniffer”

by Matthew Borick | Downs Rachlin Martin PLLC on 1/10/2013

Most people seem to know that on-line browsing does not occur in a vacuum. As we browse the Web the sites we visit send “cookies” to our browsers that allow those sites to recognize us and keep track of our activity on them....more

OCR's Breach Settlement the First Ever Involving Less than 500 Patients

by Cory Fox | BakerHostetler on 1/7/2013

OCR started 2013 with a bang by announcing that it had reached “the first settlement involving a breach of unprotected electronic protected health information (ePHI) affecting fewer than 500 individuals” with the Hospice of...more

First OCR Settlement Involving a “Small” Breach Focuses on Mobile Device Security

by Joshua Freemire, James Wieland | Ober|Kaler on 1/7/2013

In what is best understood as a follow-up to both the recent settlement with MEEI and the release of its mobile device security guidance, HHS OCR recently released details of a settlement reached with the Hospice of Northern...more

Bank Agrees to Reimburse Company for Funds Taken Through Online Bank Account Theft

by Craig Hoffman | BakerHostetler on 12/6/2012

We reported in July on a First Circuit Court of Appeals decision finding that a bank failed to implement commercially reasonable security methods to prevent unauthorized transfers by a criminal that gained the online banking...more

When Banks Are on the Hook for Cybertheft

by Bernstein Shur on 12/5/2012

This Wall Street Journal Article features Bernstein Shur Attorney Dan Mitchell. Banks typically are responsible for losses when personal accounts are hacked. But commercial clients that fall victim to cyber theft have...more

After Sanford company’s money stolen, court rules banks are responsible if hacked

by Bernstein Shur on 12/5/2012

This BDN Maine article features Bernstein Shur Attorney Dan Mitchell. SANFORD, Maine — A recent court ruling involving a Sanford construction company and its bank could have nationwide implications as attorneys and...more

The Tale of Two Banks: Final Settlement in Maine Bank Security Practices Case and a Failure of Bank Security Procedures in Florida

by Mintz Levin - Privacy & Security on 12/5/2012

In a case that we have written about, People’s United Bank of Maine has agreed to pay about $ 390,000 to settle a claim that its security practices allowed unauthorized persons to withdraw funds from a construction company’s...more

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Civil Remedies › Privacy › Science, Computers & Technology

Data Breach Class Actions Can't Survive Certification Without Expert Testimony On Classwide Damages

Illinois Federal Court Certifies Considerable Class In Data Company Privacy Suit

Court Denies Motion for Class Certification in Hannaford

Court Holds that Hannaford Data Breach Suit Cannot Proceed as Class Action

Google Settles Another Privacy Allegation — This One Concerning Its ‘Street View’

The Data Breach Lawsuit Powder Keg

News From Our Own Vermont Backyard: Proposed Legislation On Password Privacy And Ownership Of Inventions

U.S. Department of Health and Human Services Announces First HIPAA Breach Settlement Involving Fewer than 500 Patients

On-Line Privacy: The FTC Snuffs Out A “History Sniffer”

OCR's Breach Settlement the First Ever Involving Less than 500 Patients

First OCR Settlement Involving a “Small” Breach Focuses on Mobile Device Security

Bank Agrees to Reimburse Company for Funds Taken Through Online Bank Account Theft

When Banks Are on the Hook for Cybertheft

After Sanford company’s money stolen, court rules banks are responsible if hacked

The Tale of Two Banks: Final Settlement in Maine Bank Security Practices Case and a Failure of Bank Security Procedures in Florida

Bank Agrees to Reimburse Hacking Victim $300K in Precedent-Setting Case

Bank Agrees to Settle Suit Over Cyber Security Procedures

Google Pays $22.5 Million for Violating Users’ Privacy

Class Actions Adding to the Cost of Data Breaches

Federal District Court Allows Data Breach Class Action to Proceed Based On Risk Of Future Harm

Court Decision in Sony PlayStation Data Breach Case Places Burden on Plaintiffs to Allege Actual Damages

Eleventh Circuit Reverses Dismissal of Data Breach Class Action Involving Stolen Laptops

Supreme Court Grants Enhanced Access to Justice for Victims of Cyberbullies

First State HIPAA Enforcement Action against a Business Associate Returns $2.5 Million Payout

Door to Increased Liability for Banks Opened by U.S. Court of Appeals for the First Circuit

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