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Read Privacy Law updates, news, and legal commentary from leading lawyers and law firms:

Defending Breach-Of-Contract Claims In Data-Breach Litigation

by Ellis & Winters LLP on

We’ve previously discussed the “overpayment” theory of injury in data-breach litigation. This theory rests on the premise that the price of a product or service includes a payment for data security measures. When a data...more

New Class Action Litigation Risks – What Businesses Need To Know

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The plaintiffs’ bar has recently brought a flurry of class action lawsuits against businesses under the Illinois Biometric Information Privacy Act, commonly known as “BIPA.”...more

2017 Data Breach Litigation Report

by Bryan Cave on

2016 was another year in which data breaches continued to dominate the headlines, a constant reminder to people that their personal information was vulnerable and the target of criminal attacks. Yet, despite the fact that...more

Cy Pres Abuse Poster Child

by Reed Smith on

We’ve never liked the “cy pres” concept in the context of class actions. We opposed it (not terribly successfully) when the ALI was considering it. We believe that taking money supposedly representing “damages” owed to class...more

Hack Hangover: The News Keeps Getting Worse for Equifax

Since the massive data breach at Equifax Inc. was disclosed late Thursday, the news has only gotten worse for the Atlanta-based credit monitoring agency. Here’s a brief chronological recap of what we know so far...more

8th Circuit Affirms Standing as Barrier in Data Breach Class Actions

by Hogan Lovells on

The U.S. Court of Appeals for the Eighth Circuit has become the latest appellate court to enter the contested debate over Article III standing in data breach litigation. The Eighth Circuit held that 15 of 16 named plaintiffs...more

Will I Get Sued After a Data Breach? D.C. Circuit Broadens Scope of Data That Gives Rise to Identity Theft in CareFirst

by Orrick - Trust Anchor on

In the latest sign that data breach class actions are here to stay—and, indeed, growing—the D.C. Circuit resuscitated claims against health insurer CareFirst BlueCross and Blue Shield, following a 2015 breach that compromised...more

Eighth Circuit Affirms Dismissal Of Data Breach Lawsuit, Despite Plaintiff Having Standing

by King & Spalding on

On August 21, 2017, the U.S. Court of Appeals for the Eighth Circuit concluded, in Kuhns v. Scottrade, Inc. , No. 16-3426, 2017 WL 3584046, at *1 (8th Cir. Aug. 21, 2017), that although a data breach plaintiff had Article III...more

You can’t be forced to provide a cell phone PIN number, Massachusetts court says.

A Massachusets court recently held that a defendant cannot be compelled to provide a cell phone PIN number to a cell phone that is seized in an arrest, because doing so would be self-incriminating. In Commonwealth v. Jones,...more

Eighth Circuit Issues Two Class Action Data Breach Rulings

by Ballard Spahr LLP on

In the span of just nine days, the U.S. Court of Appeals for the Eighth Circuit issued two rulings in class actions involving data breaches—one breach in 2013 at brokerage firm Scottrade and another in 2014 at grocery stores...more

Privacy & Cybersecurity Update - August 2017

Ninth Circuit Finds in Spokeo Remand That Certain Statutory Violations Can Satisfy Article III’s Standing Requirement - In a highly anticipated decision, the Ninth Circuit ruled that violations of the Fair Credit Reporting...more

Ten Items to Keep in Mind When Considering Cloud Providers: Cybersecurity Best Practices

by CloudNine on

In my webcast discussion with Tom O’Connor yesterday, we had a terrific discussion of several pros and cons of both on-premise and off-premise (cloud) eDiscovery technology solutions as well as other factors to consider...more

District Court Rules that Startup Can Use Web Scrapers to Collect Information from Public LinkedOn Profiles, Despite Protests for...

On August 14, 2017, on a motion for preliminary injunction, the District Court for the Northern District of California held that LinkedIn, a social network owned by Microsoft, Inc., could not continue to block hiQ, a data...more

Latest Spokeo Decision Adds To The Growing Body Of Law Supporting Article III Standing For Cybersecurity Plaintiffs

by Cozen O'Connor on

We recently wrote about a decision in Attias v. CareFirst, Inc., holding that a class of plaintiffs whose information was compromised in a cyberattack had sufficiently demonstrated standing to survive a motion to dismiss. The...more

AD-ttorneys@law

by BakerHostetler on

SharkNinja, manufacturer of the Shark Rotator Powered Lift-Away vacuum, made some strong claims regarding the popularity of its product. In television ads and online, the company boasted that “America preferred … Shark” and...more

TCPA Connect - August 2017

Lacking List of Recipients, Sixth Circuit Denies Class Certification - Finding that the question of consent in a Telephone Consumer Protection Act (TCPA) class action requires an individualized inquiry and without a list...more

8th Circuit Finds Standing in Data Breach Case but Dismisses on Pleading Deficiencies

In one of the first federal appellate court rulings following the Ninth Circuit’s decision in Robins v. Spokeo, the Eighth Circuit delivered a pyrrhic victory for customers victimized by a data breach....more

Eighth Circuit Finds Standing in Data Breach Case for Privacy Policy Violation, Dismisses for Lack of Specificity

by Fenwick & West LLP on

The U.S. Court of Appeals for the Eighth Circuit has held that allegations that the security provisions of a privacy policy were violated are sufficient for standing in a data breach case, but that plaintiffs’ contractual...more

Uber Settles With FTC Over Allegedly Deceptive Privacy And Data Security Practices

by BakerHostetler on

Uber, the ride-hailing giant, agreed this week to implement a comprehensive privacy program and to undergo 20 years of privacy and data security audits in order to settle allegations by the Federal Trade Commission (FTC) that...more

Eighth Circuit Affirms Dismissal of Scottrade Data Breach Suit

by Alston & Bird on

The United States Court of Appeals for the Eighth Circuit recently affirmed the district court’s dismissal of a putative class action brought by customers of the brokerage firm Scottrade in the wake of an alleged data breach...more

Kansas Judge Rejects Discovery From Putative Class Members

by Carlton Fields on

A magistrate judge in Kansas denied the defendant’s request to conduct discovery of putative class members via a voluntary questionnaire. Plaintiff Hapka filed a class action against home health care provider CareCentrix...more

D.C. Circuit Revives Data Breach Putative Class Action On Standing Grounds, Widens Circuit Split

by King & Spalding on

On August 1, 2017, the U.S. Court of Appeals for the D.C. Circuit revived a data breach class action that was dismissed for lack of standing, holding that the district court improperly applied the Article III injury-in-fact...more

New EU Privacy Legislation Clashes with US Discovery Obligations: Forewarning for companies with employees on both sides of the...

by Kelley Drye & Warren LLP on

The European Union is launching new privacy and data protection rules in May 2018. This new regulatory framework, known as the General Data Protection Regulation (GDPR) is known to have a substantial extra territorial reach...more

The Ninth Circuit Revives Consumer Class Action, Finding Intangible Harm Sufficient to Confer Article III Standing

by Hogan Lovells on

The six-year fight over the type of harm a plaintiff must allege to satisfy the “injury in fact” requirement for lawsuits alleging false reporting of credit information took its latest turn this week. On Tuesday, August 15,...more

Mistake in Your Credit Report? The Latest Spokeo Decision Suggests You May Have A Case.

In the 9th Circuit’s August 15, 2017 decision in Robins v. Spokeo, the latest in the long-running legal debate about when a consumer cause of action exists for a data breach, the 9th Circuit has declared that inaccuracies in...more

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Cybersecurity

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