News & Analysis as of

Hackers Data Protection Class Action

Robinson+Cole Data Privacy + Security Insider

Advocate Aurora Health to Pay $12.25 Million Settlement for Data Breach Class Action

In October 2022, Advocate Aurora Health notified 3 million individuals of a data breach resulting from its use of tracking pixels on its website for tracking website visitor activity. Now, this month, Advocate Aurora Health...more

Bennett Jones LLP

The Ontario Court of Appeal Confirms the Narrow Confines of the Tort of Intrusion Upon Seclusion

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2022 continued to be positive for institutional clients involved in privacy breach class actions, with the Ontario Court of Appeal refusing to expand the tort of intrusion upon seclusion to impose liability on institutions...more

Kilpatrick

Data breach class actions: District of Massachusetts dismisses complaint for failure to allege injury-in-fact

Kilpatrick on

Takeaway:  We have written a number of articles about standing issues arising in data breach class actions.  See, e.g., Data breach class actions: Third Circuit sets out parameters for Article III injury-in-fact (Oct. 27,...more

Robinson+Cole Data Privacy + Security Insider

San Diego Family Care Settles Data Breach Class Action for $1 Million

Recently, San Diego Family Care (SDFC) settled a class action related to a 2020 data breach for $1 million. The class includes all SDFC patients (or their parents/guardians) who received a breach notification in May 2021....more

Robinson+Cole Data Privacy + Security Insider

IT Staffing Company Settles Data Breach Class Action

Artech Information Systems settled a data breach class action this week for an incident that occurred in January 2020. Artech will pay up to $10,000 to each individual affected by the breach, based on a tiered payment system....more

Bilzin Sumberg

Recent Settlements and Penalties Show Perils of Data Breaches

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Two major U.S. financial institutions, Morgan Stanley and Capital One, recently agreed to resolve separate class action lawsuits by paying, in the aggregate, hundreds of millions of dollars in compensation for massive data...more

Robinson+Cole Data Privacy + Security Insider

If Your Disclosure of a Data Breach Was “Late,” You May Have to Litigate

A professional accounting firm in Illinois received an unwanted holiday “gift” in the form of a class action complaint stemming from its alleged failure to secure personally identifiable information (PII) and to timely notify...more

Robinson+Cole Data Privacy + Security Insider

FabFitFun Settles Class Action for $625,000 for Alleged Data Security Failures

FabFitFun, a fashion and beauty subscription service, settled claims that it failed to adequately protect and secure consumer data resulting in a data breach for a sum of $625,000 in the U.S. District Court for the Central...more

Kilpatrick

M.D. Pa. orders the production of cybersecurity report in data breach class action

Kilpatrick on

Takeaway: Counsel for companies that suffer a data breach often hire an outside cybersecurity firm to remediate the breach and assist counsel in preparing for and defending against litigation. These companies typically take...more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - August 2021 #3

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CYBERSECURITY - T-Mobile Clarifies Facts of Security Incident in Press Release - There has been a flurry of reporting in the past few days on the T-Mobile customer data compromise, with allegations that the compromise...more

Robinson+Cole Data Privacy + Security Insider

$2.35 Million Settlement in Dickey’s Barbecue Data Breach Class Action

This week, a proposed data breach class action against Dickey’s Barbecue Restaurants Inc.  was settled for $2.35 million in the U.S. District Court for the Northern District of Texas with approval of the settlement terms by...more

Robinson+Cole Data Privacy + Security Insider

School Nutrition Vendor Sued for Compromise of 867,209 K-12 Student Records

PCS Revenue Control Systems, Inc. (PCS) was hit with a proposed class action lawsuit last week alleging that it discovered a data breach from a hacking attack in December 2019 but failed to notify the affected students until...more

Robinson+Cole Data Privacy + Security Insider

Presidio Employee Files Class Action Over Data Breach

North American IT company Presidio faces a proposed data breach class action by an employee for an incident involving employee data. Eric LaPrairie, a former Presidio employee, received a notice of a data breach from...more

Locke Lord LLP

Taking Stock of Non-Monetary Settlement Provisions

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Since the passage of the California Consumer Privacy Act and because of the continued interest in the Illinois Biometric Information Privacy Act, there has been a focus on the amount of money class members may expect to...more

Bennett Jones LLP

Evidence of Harm Required To Advance Class Action Following Data Breach

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The Court of Queen's Bench of Alberta, in Setoguchi v Uber B.V., 2021 ABQB 18, recently dismissed an application for certification of a proposed class action resulting from a data breach because there was no evidence of harm...more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - January 2021 #3

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CYBERSECURITY - NYDFS - Cybersecurity Certificate of Compliance Due April 15, 2021 The New York Department of Financial Services (DFS), which regulates certain covered entities and licensed persons in the financial...more

Robinson+Cole Data Privacy + Security Insider

Canon Hit with Data Breach Class Action Suit by Former and Current Employees

Canon U.S.A. Inc. (Canon) was hit with a class action lawsuit in the U.S. District Court for the Eastern District of New York this week for the ransomware attack that exposed current and former employees’ personal information...more

Mintz - Privacy & Cybersecurity Viewpoints

A New CCPA Data Breach Lawsuit Is “Minted”

Online stationery and craft company Minted Inc. has been hit with a CCPA class action lawsuit, stemming from a massive data breach the company disclosed in late May. The proposed class action lawsuit, filed in a California...more

Orrick, Herrington & Sutcliffe LLP

ICO Fines: When Is An Appeal Appealing?

The decision to appeal a regulatory finding is never taken lightly. By the time a regulator has completed its investigation and notified a company of its intention to fine, the company will have invested significant time and...more

Robinson+Cole Data Privacy + Security Insider

Banner Health Settles Data Breach Class Action Litigation for $6 Million

Arizona-based Banner Health has agreed to settle for up to $6 million a class action case filed against it following a 2016 incident that compromised the personal information of 3 million individuals....more

The Volkov Law Group

Managing Third-Party Vendor Cybersecurity Risks (Part II of III)

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We all know that businesses rely on a large number of third-party vendors to support their business operations.  Many of these third parties require access to a company’s data and its internal information and technology...more

Balch & Bingham LLP

Class Certification Denied for Data Breach Claim Brought by Bank Against Retailer

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Last week, the U.S. District Court for the Middle District of Alabama denied Southern Independent Bank’s (“Southern Independent’s”) motion for class certification following a data breach which allegedly affected over 2,000...more

Sheppard Mullin Richter & Hampton LLP

HIPAA Breach Results in a $4,500,000 Class Action Settlement

Community Health System, one of the largest health systems in the United States, has agreed to pay $4,500,000 to settle claims made against it arising from a 2014 data breach. The data breach, believed to be caused by malware...more

Fenwick & West LLP

Pennsylvania High Court’s Dittman Ruling Makes It Harder To Dismiss Data Breach Actions

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The Pennsylvania Supreme Court recently held that employers have “a legal duty to safeguard” the personal data of their employees which is stored on internet-accessible computer systems and that the economic loss doctrine...more

Hogan Lovells

Going global: Data class actions make their way to the EU

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Class actions have become an increasingly common means to seek redress in data privacy cases. With data breaches and data privacy claims on the rise, we asked our lawyers in France and the U.S. what you should bear in mind....more

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