News & Analysis as of

Credit Cards Data Breach

GameStop Currently Investigating Possible Data Breach

by Revision Legal on

GameStop is the most recent potential victim of cyber data breach, and the company recently hired a leading security firm to conduct an investigation into allegations that the company’s website was hacked and that customer...more

InterContinental Hotels Reports Credit Card Breach

InterContinental Hotels Group (IHG) has reported a data breach of its payment card processing system. The breach involves malware that infected certain locations between September 29, 2016, and December 29, 2016. The malware...more

2nd Circuit hears data breach argument: Is fear of harm sufficient for Article III standing?

by Thompson Coburn LLP on

The 2nd Circuit recently heard oral argument in Whalen v. Michael Stores, Inc., No. 16-260, a data breach case involving credit card data. Whether or not the 2nd Circuit follows the 7th Circuit’s lead (established in the...more

What Does the Introduction of Mandatory Data Breach Notification in Australia Mean for You?

by Jones Day on

Australia's Data Breach Bill amends the Privacy Act 1988 (Cth) ("Privacy Act") and requires private and public organisations regulated by the Privacy Act to notify affected individuals and the Australian Information...more

Global Privacy & Cybersecurity Update Vol. 13

by Jones Day on

On December 28, 2016, the New York Department of Financial Services ("DFS") released a revised version of a proposed regulation that would require banks, insurance companies, and other financial services institutions...more

Eighth Circuit Undoes Target Data Breach Settlement Class

by McGuireWoods LLP on

The $10 million settlement class in the Target data breach case was unraveled by the Eighth Circuit Court of Appeals in a recent decision that will force the district court to address the impact of the Supreme Court’s...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

We’ve talked a fair amount about the switch to chip & pin card systems over the past few years. But how about a lack of cards altogether? Because that’s what the banks have in mind....more

Identity Theft and Credit Card Fraud Highest Ever in 2016

A study released by Javelin Strategy & Research has concluded that the number of identity fraud cases in 2016 rose 16% from 2015, costing victims $16 billion in losses. This includes both identity theft and credit card fraud....more

Eighth Circuit Remands Proposed Settlement in Target Data Breach Class Action

by Ballard Spahr LLP on

The Eighth Circuit Court of Appeals has remanded a $10 million settlement in the Target data breach class action on the grounds that the district court had not rigorously analyzed the propriety of the class...more

Reduce Potential Liability for Data Security Breaches by Negotiating Coverage in Payment Processing Agreements

by Bryan Cave on

Credit cards are the primary form of payment received by most retailers. In order to process a credit card, a retailer must enter into an agreement with a bank and a payment processor. Payment processing agreements often have...more

Shareholders Derivative Suit Filed against Wendy’s for Data Breach

Continuing the trend of filing a shareholders derivative suit following a data breach, a Wendy’s shareholder recently filed a derivative suit against Wendy’s executives and board members alleging they did not adequately...more

Over 3.1 Billion Records Breached So Far in 2016

The tally of records breached in 2016 (through November) globally was over 2.1 billion, according to IT Governance. With the announcement yesterday of Yahoo’s breach of another 1 billion records, that tally is now up to 3.1...more

The Future of Standing in Data Breach Class Actions

by Carlton Fields on

In today’s world, as technology costs decrease and personal information becomes more valuable on the black market, data breaches have seemingly joined the ranks of death and taxes as certainties. Add to that litigation:...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

As anticipated, the Fed raised its benchmark interest yesterday (for only the second time since the 2008 financial crisis) to somewhere between .5 and .75 percent and, perhaps more critically, revealed its expectation for...more

New FTC Data Breach Response Guidelines

by Robins Kaplan LLP on

Cybersecurity should always be at the top of any retailer’s priority list—and even more so as the holiday shopping season gets underway. To that end, the Federal Trade Commission’s newly-released Data Breach Response...more

Despite Plaintiffs Satisfying Standing Requirements, Barnes & Noble Closes the Book on Data Breach Class Action

by Reed Smith on

In data breach class actions, standing is often the major obstacle, and has taken on renewed focus following the U.S. Supreme Court’s ruling in Spokeo v. Robins, 136 S. Ct. 1540 (May 24, 2016). See, e.g., Federal Court Finds...more

Business Litigation Report - September 2016

Second Circuit Rejects Massive Class Action Settlement and Affirms Importance of Adequate Representation and Due Process Rights for Absent Class Members - The Second Circuit Court of Appeals recently considered whether...more

Trump Hotel Settles with NY Attorney General Over Credit Card Breaches

Trump International Hotels Management has agreed to pay the State of New York $50,000 for two data breaches that exposed over 70,000 customer credit card numbers and other personal information, according to New York Attorney...more

New York Attorney General Announces Settlement With Trump Hotel Over Two Data Security Incidents

by King & Spalding on

On September 23, 2016, New York Attorney General Eric T. Schneiderman announced a settlement with Trump International Hotels Management LLC, d/b/a Trump Hotel Collection (“THC”), imposing $50,000 in penalties and ongoing...more

Visa Issues Security Alert Warning of Oracle MICROS POS Compromise

We reported last week that Oracle’s MICROS point-of-sale devices had been compromised. On the heels of the compromise, Visa sent out a security alert last Friday to merchants warning companies that use Oracle’s MICROS...more

Cybersecurity and Data Privacy: Attorney General Reaches Six-Figure Settlement With Entity That Failed to Provide Required Data...

A recent settlement announced by the New York Attorney General’s Office has made clear that failing to provide the required notifications after experiencing a data breach can prove very costly. On August 5th, the Attorney...more

Wendy’s reports over 1,000 restaurants affected by breach announced earlier this year

Back in May of this year, Wendy’s reported “fewer than 300” locations had been hacked by malicious malware that targeted customer credit card information. Last week, Wendy’s released a list of 1,025 restaurant locations that...more

New York Appellate Court Finds “Electronic Data” Exclusion Applies to Data Breach

by Carlton Fields on

The computer network of a Five Guys Burger franchise, RVST Holdings, LLC (RVST), was hacked. Customers’ credit card information was stolen and used to make numerous fraudulent charges. Trustco Bank brought an action against...more

Shareholder Derivative Suit Following Data Breach Misses Target

On July 7, 2016, Judge Paul A. Magnuson of the United States District Court for the District of Minnesota granted Defendants’ Motions to Dismiss a shareholder class action that had been initiated following a 2013 holiday...more

Omni Hotels latest hotel chain hit with malware

Omni Hotels notified guests on Friday, July 8, 2016, that its point of sale systems were compromised with malware from December 23, 2015, through June 15, 2016....more

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Cybersecurity

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