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Class Action Dismissals Data Breach

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Genova Burns LLC

Potential Harm Enough For Class Action to Proceed in Data Breach Litigation

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The Third Circuit Court of Appeals has given new life to a putative class action suit led by a former employee of a company that suffered a ransomware attack, leading to her sensitive information being released onto the Dark...more

Robinson+Cole Data Privacy + Security Insider

Claims Against Netgain Tech Dismissed Due to Lack of Personal Jurisdiction

Last week, Judge Linda Lopez of the U.S. District Court for the Southern District of California dismissed the class action lawsuit against Netgain Technology due to the lack of personal jurisdiction over the business. The...more

ArentFox Schiff

Privacy Report: Utah Will Soon Publish US’s Latest Comprehensive State Privacy Law

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US News - Utah Will Soon Publish US’s Latest Comprehensive State Privacy Law - The Utah Consumer Privacy Act, also known as Senate Bill 227, recently cleared the Senate and the House. Though there are a few more steps...more

Robinson+Cole Data Privacy + Security Insider

Class Action Against Shopify Dismissed for Lack of Jurisdiction

The U.S. District Court for the Northern District of California dismissed a consumer class action against Ledger SAS’s e-commerce vendor Shopify Inc. because of its locale – Shopify is headquartered in Ottawa, Canada. Judge...more

Fisher Phillips

One Employee’s Accidental Email Leads To A Significant Data Breach Ruling in Federal Appeals Court

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A federal appeals court recently addressed whether employees had standing to bring a lawsuit when their personally identifiable information (PII) was inadvertently circulated to other employees at the company, with no...more

Patterson Belknap Webb & Tyler LLP

Second Circuit Affirms Dismissal of Class Action Based on Claimed “Increased Risk” of Harm

Is there standing to bring a lawsuit when an employee’s personal information is mistakenly circulated to all employees at the company?  A recent decision addressed exactly this question. In McMorris v. Carlos Lopez &...more

Goodwin

2020 Year In Review Securities Litigation Against Technology Companies

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In many ways, 2020 was an unprecedented year. In midMarch, the United States abruptly went into lockdown as coronavirus cases began to spike; a national emergency was declared, travel bans and gathering restrictions were...more

Alston & Bird

Another Court Dismisses Data Breach Class Action Lawsuit for Lack of Standing

Alston & Bird on

In what appears to be a growing trend, another federal district court has dismissed a data breach case for lack of standing. In Springmeyer et al. v. Marriott International, Inc., 2021 WL 809894 (D. Md.), Plaintiffs, former...more

Sheppard Mullin Richter & Hampton LLP

Successful Dismissal of PayPal Class Action Over Breach Disclosures Serves as Risks Reminder

A class action lawsuit filed against PayPal in connection with a breach it suffered in 2017 was dismissed recently because the plaintiffs did not adequately allege PayPal’s intent to deceive investors. The litigation began...more

Spilman Thomas & Battle, PLLC

Decoded: Technology Law Insights - Issue 7, September 2020

U.S. Judge Halts Trump's TikTok Ban, Hours Before It was Set to Start - "John Hall, an attorney for TikTok, said that the app, with some 100 million American users, is a 'modern day version of the town square' and shutting...more

Goodwin

California State Court Upholds Exclusive Federal Forum-Selection Charter Provision for 1933 Act Suits

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California State Court Upholds Exclusive Federal Forum-Selection Charter Provision for 1933 Act Suits; California District Court Dismisses Fraud-Related Claims Against AT&T; Third Circuit Holds Challenge to SEC’s Decision to...more

Bass, Berry & Sims PLC

Court Requires Evidence of Harm to Bring Data Breach Lawsuit

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On July 16, the U.S. District Court for the Middle District of Alabama dismissed a putative class action against Sarrell Regional Dental Center for Public Health relating to a 2019 ransomware incident. Data Incident and...more

King & Spalding

Maryland Federal Court Holds that Plaintiffs in Marriott Data Breach MDL Have Standing to Sue

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On February 21, the District of Maryland held that consumers had standing to assert claims arising from the historic data breach that hit Marriott in 2018, but the court dismissed the plaintiffs’ claim for negligence under...more

Bradley Arant Boult Cummings LLP

Yes, But Were You Hurt? Another Data Breach Case Dismissed for Lack of Damages

While a war rages on the issue of standing in data breach cases, the need to prove damages is presenting an even greater hurdle for plaintiffs, as we have noted previously. One clear illustration of this trend is Attias v....more

Kilpatrick

Data breach class actions – Eighth Circuit affirms merits dismissal in the SuperValu data breach litigation

Kilpatrick on

Takeaway: In the wake of Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), defendants in data breach class actions regularly move to dismiss on standing grounds, arguing the complaint’s allegations do not plausibly allege an...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - February 2019

In this month's edition, we examine a judge's ruling allowing an investor suit against Equifax, the dismissal of a class action against the insurer CareFirst and President Donald Trump's launch of a federal artificial...more

Carlton Fields

Fourth Circuit Holds Plaintiffs Who Allege Identity Theft Have Standing To Sue Post-Data Breach, But What Does It Mean For...

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The Fourth Circuit’s 2017 decision in Beck v. McDonald held that the mere fear of identity theft in the wake of a data breach was insufficient to confer Article III standing. ...more

Holland & Knight LLP

Food and Beverage Law Update: June 2018

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Wage and Hour - Decision Upholds Class Action Waivers in Arbitration Clauses, Resolves Circuit Split - The U.S. Supreme Court issued a long-awaited decision in Epic Systems Corp. v. Lewis on May 21, 2018, holding that...more

Bradley Arant Boult Cummings LLP

The Economic Loss Doctrine as a Barrier to Data Breach Recovery

We recently commented on one hotly contested legal issue being addressed by the courts in data breach class action litigation, that of plaintiffs’ standing. Another issue that has been the subject of recent court activity in...more

Bradley Arant Boult Cummings LLP

FACTA Cases Continue to Present Ideal Targets for Spokeo Challenges-Eleventh Circuit Defendants Take Particular Notice

We’ve already written about Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), in which the Supreme Court reaffirmed that all federal plaintiffs, even those alleging a statutory violation, must have suffered a real, concrete...more

Faegre Drinker Biddle & Reath LLP

Data Breach Class Action Dismissal Shows Two Grounds for Dismissing Data Breach Cases

On March 7, 2018, the United States District Court for the District of Minnesota dismissed a putative data breach class action against SuperValu, Inc., because the plaintiffs did not have standing and could not state claims...more

Fenwick & West LLP

Litigation Alert: The Third Circuit Holds That Allegations That Personal Information Was Improperly Disclosed in Violation of the...

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Last week, the Third Circuit held that allegations of the unauthorized disclosure of personal information in violation of the Fair Credit Reporting Act (FCRA) constituted a de facto injury sufficient to confer standing at the...more

Nossaman LLP

IRS Data Breach Class Action Dismissed

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Last week, the Internal Revenue Service successfully defeated a putative class action related to a data breach it suffered in 2015. The D.C. District Court’s decision dismissing the suit demonstrates the high bar required to...more

Robinson+Cole Data Privacy + Security Insider

Data Breach Class Action Case Dismissed Against Barnes & Noble

A federal judge in Illinois dismissed the class action lawsuit filed against Barnes & Noble stemming from a data breach in 2013. The breach occurred when credit and debit card PIN pads were compromised at 63 Barnes & Noble...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Privacy & Cybersecurity Update - July 2016"

In this edition of our Privacy & Cybersecurity Update, we discuss the revised Privacy Shield and what companies should be doing to prepare for the new program, the FTC's reinstatement of its LabMD case, the European...more

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