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Nutter Bank Report, October 2016

Court Overturns RESPA Ruling and Holds That the CFPB is Unconstitutionally Structured The United States Court of Appeals for the District of Columbia Circuit has overturned an enforcement action under Section 8 of the...more

Avoiding Close Calls: Sixth Circuit’s Galaria v. Nationwide Decision Offers Valuable Pleading Tips

The Sixth Circuit’s split decision last month finding Article 3 standing in a data breach case is the first of its kind post-Spokeo. See Galaria v. Nationwide Nos. 15-3386/3387 (6th Cir. Sept. 12, 2016) (unpublished). It is...more

District Court Holds Professional Plaintiff Lacks Article III Standing to Bring TCPA Action Under Supreme Court’s Spokeo, Inc. v....

Following the Supreme Court’s ruling in Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (U.S. May 16, 2016), it is clear that “Article III standing requires a concrete injury even in the context of a statutory violation,” such that a...more

Home Depot Challenges Banks’ Standing to Recover Losses Related to Data Breaches

In the aftermath of major data breaches at deep-pocketed retailers and other businesses, there is typically no shortage of litigants who move quickly to seek compensation from the business at which the breach occurred. But...more

"Cross-Border Investigations Update - June 2016"

This issue of Skadden’s semiannual Cross-Border Investigations Update takes a look at recent cases and enforcement trends, including proposed amendments to China’s commercial bribery law, the use in U.S. courts of compelled...more

Dual Decisions Provide Narrow Path for Plaintiffs to Establish Standing in Data Breach and Cybersecurity Suits

Last week, decisions by the United States Supreme Court and the Northern District of Georgia provided further guidance regarding the narrow path required for a class action plaintiff to successfully establish Article III...more

Supreme Court: ‘Actual Injury’ Needed to Establish Standing to Sue for Violations of Fair Credit Reporting Act

Plaintiffs must show they suffered from an actual injury, not just a “bare procedural violation,” in order to sue in federal court, the U.S. Supreme Court has ruled in its long-awaited decision in Spokeo, Inc. v. Robins, No....more

Supreme Court rules technical statutory violations do not establish standing without actual injury

In a decision that will impact a consumer’s standing to bring a claim under a number of federal statutes that allow for significant statutory penalties, such as the Video Privacy Protection Act, the Stored Communications Act,...more

The United States Supreme Court Issues Two (2) Important Rulings Today which Provide Important Interpretations of what is Consumer...

In a 6-2 decision, the United States Supreme Court on Monday sided with an online "people search engine" company, Spokeo.com ("Spokeo"), to provide critical insight as to when and how consumers can sue for privacy violations...more

A Closer Look At The Fallout From The Home Depot Data Breach

More than a year and a half ago, Home Depot announced that it had been a victim of one of the largest data breaches in U.S. history. Media outlets reported that the breach had affected Home Depot’s customers who had made...more

Proactive Protection of Consumers or Premature Penalty? Consumer Financial Protection Bureau Bucks the Trend in Data Security...

Data breaches and cybersecurity attacks appear to be growing in frequency. Despite the increase in the number of such attacks, plaintiffs have found it difficult to establish a legal foothold for data breach claims, as...more

The Seventh Circuit Revisits Standing for Data Breach Class Actions

One obstacle for named plaintiffs in proposed data breach class actions is the extent to which plaintiffs must allege an injury-in-fact to have standing. Disputes often arise about whether proactive efforts to mitigate...more

5 Big Developments in Privacy Class Actions in 2015, and 3 to Look for in 2016

The burgeoning area of privacy class action litigation showed no signs of slowing down in 2015. Here are some of the most significant developments from the past year, as well as some things to watch for in the coming year....more

Supreme Court Hears Argument in Spokeo, a Case That Could Impact Many Statutory-Damages Class Actions

Article III of the U.S. Constitution extends the federal judicial power only to “Cases” and “Controversies.” The Supreme Court has long held that no case or controversy exists unless the party invoking federal jurisdiction...more

Supreme Court Conducts Oral Argument On Spokeo Case

On November 2, 2015, the United States Supreme Court conducted oral argument in a case that will decide the question of whether violation of a statute alone, without other “concrete” injury, can give a plaintiff access to...more

Supreme Court Hears Oral Argument In Spokeo

Last Monday, the Supreme Court heard argument in Spokeo, Inc. v. Robins, one of this Term’s closest-watched cases, especially in the data-privacy field. While attempting to “read the tea leaves” from oral argument can be...more

U.S. Supreme Court Ponders Whether an Unaccepted Rule 68 Offer Can Moot a Plaintiff’s Claims as It Hears Argument in Gomez

The U.S. Supreme Court heard oral argument in Campbell-Ewald Co. v. Gomez on October 14, 2015, an important case presenting the question of whether a defendant can defeat a class action by offering complete individual relief...more

Keeping the Data-Breach Headlines In Perspective

From the Sony Pictures settlement, to the Ashley Madison debacle, data breaches are making big headlines of late. And when it comes to one case in particular — the data breach at luxury retailer Neiman Marcus (Remijas v....more

Neiman Marcus files Petition for Rehearing En Banc

We previously reported on the Seventh Circuit’s reversal of the District Court’s dismissal of the data breach class action case against Neiman Marcus. On August 3, 2015, Neiman Marcus filed a Petition for Rehearing requesting...more

Neiman Case a Harbinger For Data Breach Cases? Not So Fast

Much has been said in the past couple weeks about the decision by Seventh Circuit Court of Appeals in the case of Remijas v. Neiman Marcus. Some have suggested that the ruling makes it easier to sue over data breaches, or...more

Hacked Class Can Sue Pre Injury

Last week, a three-judge panel of the 7th U.S. Circuit Court of Appeals held in Remijas v. Neiman Marcus Group LLC that individuals whose debit and credit card numbers were stolen by cyberthieves who had hacked into Neiman...more

Does Free Credit Monitoring Do More "Harm" Than Good?

The Seventh Circuit reinstates the Neiman Marcus data breach class action lawsuit after finding that increased risk of future fraudulent charges and greater susceptibility to identify theft are sufficient for standing. ...more

Change in the Prevailing Winds in Consumer Data Breach Cases?

Seventh Circuit Rules Consumers Have Standing to Sue in Neiman Marcus Payment Card Data Breach Case - In Remijas v. Neiman Marcus Group, LLC, the Seventh Circuit reversed a district court decision dismissing consumer...more

SCOTUS Decision in Spokeo Could Have Significant Impact on Data Breach Litigation

Following several significant data breaches in 2014 and 2015, including one reported just last week by the IRS, organizations of all types are on high alert to safeguard against data breaches and to prepare incident response...more

Data Broker’s Appeal to U.S. Supreme Court Could Reshape Future of Data Privacy Litigation

In a case that could shape the future of data privacy litigation, the Supreme Court recently agreed to review the decision by the U. S. Court of Appeals for the Ninth Circuit under the Fair Credit Reporting Act (FCRA) in...more

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