Science, Computers & Technology Constitutional Law Privacy

Read Science, Computers & Technology updates, news, alerts, and legal analysis from leading lawyers and law firms:
News & Analysis as of

Data Breach Plaintiffs Continue to Face Article III Standing Challenges

Standing remains a high hurdle for individuals whose personal information is compromised as a result of a data breach but who cannot establish that the stolen information was actually used improperly. Class action claims...more

Plaintiffs Cannot Bring Data Breach Lawsuits Without Evidence That Information Will Be Used To Harm

The latest development in how American courts will handle the standing question for data breach class actions came last week when the U.S. District Court for the District of Columbia dismissed for lack of standing a putative...more

Hold On, You Didn’t Overpay for That: Courts Address New “Overpayment” Theory from Plaintiffs in Data Breach Cases

With the ever-increasing amount of personal information stored online, it is unsurprising that data breach litigation has become increasingly common. A critical issue in nearly all data breach litigation is whether a...more

Unlocking the EU General Data Protection Regulation: A practical handbook on the EU's new data protection law: Chapter 17: Issues...

Why does this topic matter to organisations? Although a key aim of the GDPR is to harmonise data protection law across the EU, there are a number of areas in which the GDPR leaves it to Member States to adopt their own...more

Federal District Court Dismisses Data Breach Class Action Complaint Against Scottrade

On July 12, 2016, the United States District Court for the Eastern District of Missouri granted Scottrade’s motion to dismiss a putative class action complaint that was predicated on the alleged theft of personal information...more

Scottrade data breach class action case dismissed for lack of standing

We previously reported that Scottrade was hit with a class action case within 24 hours of notifying customers of a data breach. According to the Complaint, the data compromised included the names, addresses, telephone...more

Second Circuit: Stored Communications Act Warrants Cannot Reach Overseas Data

On July 14, 2016, the Second Circuit Court of Appeals determined that a warrant issued under the Stored Communications Act (SCA) is subject to the same territorial restrictions as a traditional warrant: the government’s reach...more

The Second Circuit Limits The Government’s Ability To Access Data Stored Overseas

In a case with important privacy implication for U.S. companies providing services ranging from e-mail, social networking, chat communications and remote storage, the Second Circuit Court of Appeal this week held in Microsoft...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

What if Apple and the FBI went to SCOTUS?

Davis Wright attorneys Robert Corn-Revere and Ronald London recently argued the privacy and First Amendment interests in a “moot Supreme Court” session at the Newseum that sought to approximate appellate review of the issues...more

Senate Rejects Amendment That Would Expand The FBI’s Data Collection Powers

On Wednesday, June 22, the U.S. Senate voted down a proposal that would have expanded the Federal Bureau of Investigation’s (“FBI”) ability to obtain internet records from technology companies. The measure, a proposed...more

Another One Bites the Dust: Maryland Federal District Court Dismisses Putative Data Breach Class Action for Lack of Standing

The United States District Court of Maryland recently dismissed a putative class action alleging that CareFirst’s failure to adequately secure the computer hardware storing their customers’ personal information led to two...more

North Carolina Cyberbullying statute struck down as unconstitutional

On February 9, 2012, Robert Bishop was arrested and charged with one count of cyberbullying under the North Carolina Cyberbullying statute, which states that it is “unlawful for any person to use a computer or computer...more

Courts: We Hear No Suit Based on Cyber Crime Before its Time

Two recent decisions out of the U.S. District Court for the District of Maryland illustrate the difficulty that cyber breach victims can have in establishing standing to sue. In both cases, the court dismissed the cyber...more

DOJ Criminal Chief Continues Push For More Access To Encrypted Data

On June 6, 2016, during a speech at a Cybercrime Symposium co-organized by the Centers for Strategic and International Studies and the Department of Justice’s (“DOJ”) Computer Crime and Intellectual Property Section,...more

Courts Continue to Grapple with Data Breach Claims

Our last few blogs have focused on litigation under the Video Privacy Protection Act, including the recent ruling from the 10th Circuit in Yershov v. Gannett Satellite Information Network, Inc., 2016 U.S. App. LEXIS 7791 (1st...more

En Banc Fourth Circuit Rules No Fourth Amendment Protection For Cell-Site Location Information

On May 31, 2016, the U.S. Court of Appeals for the Fourth Circuit held in United States v. Graham, Nos. 12-4659 and 12-4825, in an en banc rehearing, that the government’s acquisition of historical cell-site location...more

Fourth Circuit Says Law Enforcement Doesn’t Need a Warrant to Figure out Where You Are

Like many people, Aaron Graham and Eric Jordan carried cell phones around in 2011. Unlike most people, Graham and Jordan were convicted of crimes arising from their participation in a series of armed robberies in that period,...more

Privacy & Cybersecurity Update - May 2016

In this edition of our Privacy & Cybersecurity Update, we examine recent developments, including the U.S. Supreme Court's holding in Spokeo that consumer plaintiffs must show "real harm" to sue in federal court, the EU data...more

Federal Judge in Maryland Remands Data Breach Class Action Following in Spokeo Decision’s Footsteps

Just days after the Supreme Court’s ruling in Spokeo v. Robins, the highly anticipated decision is already impacting data breach class actions across the country. The defendant in the Spokeo case contended that the plaintiff...more

Safe or Good? We All Have Choices to Make

I planned to write about the inspired, better-than-sliced-bread security option of using fingerprint authentication to protect our mobile devices. That imploded. In 2014, and earlier this year, courts in Virginia and...more

Will Spokeo Impact Standing In Data Breach Cases?

Despite months of anticipation, the majority opinion in Spokeo, Inc. v. Robins reads more like a teacher (the Supreme Court) telling a student (the Ninth Circuit) to go back and show the work behind a long division answer...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

Tracking The Elusive Consumer Data Breach Class Action

Following the Seventh Circuit’s recent decision in Lewert v. P.F. Chang’s China Bistro Inc., 2016 U.S. App. LEXIS 6766 (7th Cir. Ill. Apr. 14, 2016), many commentators quickly pronounced the Seventh Circuit fertile territory...more

404 Results
|
View per page
Page: of 17

Follow Science, Computers & Technology Updates on:

JD Supra Readers' Choice 2016 Awards

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×