News & Analysis as of September 21, 2024

Cybersecurity › Spokeo v Robins

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Follow this channel for advisories on one of the biggest threats to businesses today. Read a morning brief of fresh guidance and commentary by leading lawyers on security, privacy, risk... more +

Follow this channel for advisories on one of the biggest threats to businesses today. Read a morning brief of fresh guidance and commentary by leading lawyers on security, privacy, risk management, global regulations, data protection, leaks, hacking, cyber insurance, compliance, HIPAA, and every other aspect of cybersecurity of import to corporate readers right now. less -

Standing on Thin Ice? New Guidance on Standing for Data Breach Claims

Locke Lord LLP on 3/8/2021

Who has standing to bring claims for alleged statutory violations of privacy and cybersecurity statutes? There is no easy answer to this question. In Spokeo, Inc. v. Robins, the Supreme Court explained that just because a...more

Data Breach: No Injury-in-Fact, Case Dismissed

Knobbe Martens on 11/25/2020

It well known that there are, unfortunately, many data breaches that frequently put private citizens’ data privacy in jeopardy. States have passed a variety of statutes aimed at addressing this problem in an attempt to...more

Privacy & Cybersecurity Update - July 2019

Skadden, Arps, Slate, Meagher & Flom LLP on 8/2/2019

In this month's edition of our Privacy & Cybersecurity Update, we examine New York's new laws expanding consumer protection for data breaches, the D.C. Circuit's two rulings deepening the split regarding standing in data...more

Injury-in-Fact vs. Actual Damages — Avoiding a Jurisdictional Sideshow in Data Breach Class Actions by Challenging Damages, Not...

Bradley Arant Boult Cummings LLP on 3/8/2019

Following the Supreme Court’s ruling in Spokeo v. Robins, which held that federal plaintiffs alleging a statutory violation must have suffered a real, concrete injury in order to have Article III standing, many defendants...more

Privacy & Cybersecurity Update - March 2018

Skadden, Arps, Slate, Meagher & Flom LLP on 4/3/2018

In this month's edition of our Privacy & Cybersecurity Update, we discuss all 50 states now having data breach notification laws, state attorneys general and their opposition to a federal data breach notification law, the FBI...more

Risky Business: Whether an Increased Risk of Harm Supports Legal Standing in Data Breach Class Actions Continues to Divide Federal...

K&L Gates LLP on 3/27/2018

Every data breach class action in federal court must confront a threshold question: has the plaintiff alleged a sufficient “injury in fact” to establish Article III standing? The inquiry frequently focuses on whether a...more

Supreme Court Declines to Address Circuit Split on Data Breach Standing Issue

Mintz - Privacy & Cybersecurity Viewpoints on 3/1/2018

A circuit split on whether actual misuse of personal data is required to have standing to assert data breach claims remains unresolved. Last week the Supreme Court rejected a petition to review that issue in CareFirst v....more

Actual Injury Required to Sue Under Illinois Biometric Information Privacy Act

Sheppard Mullin Richter & Hampton LLP on 1/12/2018

In recent years, the use of biometrics in business has been growing. In the employment context, for example, some employers use biometric time clocks, which allow employees to “clock in” with a fingerprint or iris scan....more

Privacy & Cybersecurity Update - September 2017

Skadden, Arps, Slate, Meagher & Flom LLP on 9/29/2017

In this month's edition of our Privacy & Cybersecurity Update, we take a look at the first annual review of the Privacy Shield by U.S. and EU officials, and the Federal Trade Commission's first actions alleging Privacy Shield...more

Hurricane Hardship and Loan Relief Also Extended to Hurricane Irma, Pension Relief and a Cybersecurity Update

Winstead PC on 9/14/2017

The Internal Revenue Service (the “Service”) issued and announcement providing relief from verification of the qualification of an individual’s request for a hardship withdrawal or a loan in order for a person to obtain the...more

Privacy & Cybersecurity Update - August 2017

Skadden, Arps, Slate, Meagher & Flom LLP on 9/1/2017

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

D.C. Circuit Concludes Heightened Risk of Future Identity Theft Enough for Standing in Data Breach Class Action

Fisher Phillips on 8/15/2017

Much to the dismay of companies, on August 1, 2017, the U.S. Court of Appeals for the D.C. Circuit made it easier for plaintiffs, and their attorneys, to bring class action data breach cases. In Attias v. CareFirst, Inc.,...more

Financial Services Weekly News - August 2017 #2

Goodwin on 8/10/2017

Editor's Note - In This Issue. The Consumer Financial Protection Bureau (CFPB) released prototypes of “Know Before You Owe” overdraft disclosure forms and provided an updated rulemaking agenda for 2017; the Federal Reserve...more

Q: Could You Be Dragged Into Court For A Company Data Breach? A: It Depends

Fisher Phillips on 5/6/2017

This same time last year, many in the business community were eagerly anticipating the U.S. Supreme Court’s ruling in Spokeo, Inc. v. Robins, which was to decide the standard that should be applied to determine whether...more

Cybersecurity and Data Privacy in 2017: Eight Topics to Follow

McGuireWoods LLP on 1/31/2017

Throughout the past several years, data privacy and security practices have evolved into more than just defending against identity theft and protecting sensitive data. In fact, since 2014, to help raise awareness for data...more

Constitutional Standing Provides Fertile Battleground In Data Breach Litigation

Moore & Van Allen PLLC on 1/18/2017

A common and understandable concern of companies that suffer a data breach is whether the victims can sue the company. It is tempting to assume that the victims won’t sue if they do not suffer identity theft or monetary loss...more

Financial Services Report, Winter 2016

Morrison & Foerster LLP on 12/7/2016

EDITOR’S NOTE - Hope you survived all of those awkward Thanksgiving holiday conversations— amazing how divided people are on whether the court got it right in the PHH case, isn’t it? So on we go into the holiday season,...more

US Class Actions Filed In Wake Of Yahoo Hack Disclosure

A&O Shearman on 10/19/2016

As has been widely reported, Yahoo announced on September 22, 2016 that it had suffered a hack in 2014 that compromised customer information relating to 500 million user accounts, approximately half of all accounts Yahoo...more

Are You Prepared for Disruption? New regulations, new challenges and opportunities [Expect Focus – Vol. II, July 2016]

Carlton Fields on 8/29/2016

- Fed Takes First Steps Toward Setting Capital Requirements for Some Insurers - New Wave of COI Rate Increase Lawsuits Hits the Industry - STOLI Policies Cancelled, Insurers Retain Premium -...more

Emerging Trends Newsletter - Q2

Stinson LLP on 7/20/2016

We are thrilled to bring you the 2nd installment of Stinson Leonard Street's Emerging Trends newsletter. Recent Delaware Supreme Court Opinion Limits General Personal Jurisdiction for Foreign Corporation - Recent...more

"Privacy & Cybersecurity Update - June 2016"

Skadden, Arps, Slate, Meagher & Flom LLP on 6/30/2016

In this edition of our Privacy & Cybersecurity Update, we examine the impact of Brexit on EU data protection, court rulings on cyber insurance policy exclusions and coverage gaps, recent statements from the FTC and the...more

Privacy & Cybersecurity Update - May 2016

Skadden, Arps, Slate, Meagher & Flom LLP on 6/3/2016

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

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

Cadwalader, Wickersham & Taft LLP on 5/24/2016

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

FTC Comments and Background Screeners

Arnall Golden Gregory LLP on 5/13/2015

I recognize this is a few days late, but the content is still timely. Last month I attended the NAPBS Mid-Year Conference in Washington, DC both as an attendee and speaker. One session of particular interest to me was...more

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Cybersecurity › Spokeo v Robins

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