News & Analysis as of

Hackers Negligence

Kohrman Jackson & Krantz LLP

A New Twist in the Ransomware Debate: Is it Negligent to Fail to Pay Ransom?

Lehigh Valley Health Network (LVHN) is a healthcare network based in Allentown, Pennsylvania, and serves eastern and northeastern Pennsylvania. On Feb. 6th of this year, LVHN was hit with a combination ransomware and...more

Proskauer - Blockchain and the Law

DAO Deemed ‘General Partnership’ in Negligence Suit over Crypto Hack, Prompting Decentralized Orgs to Rethink Corporate Formation

In what appears to be an issue of first impression, a California district court ruled that various defendants allegedly holding governance tokens to the bZx DAO (or “Decentralized Autonomous Organization”), a protocol for...more

Cozen O'Connor

No Action for Theft of Personal Information Without Loss

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Theft of personal information does not by itself entitle the victim to damages in Canada; proof of loss or harm is required, the Alberta Court of Appeal held recently in Setoguchi v Uber BV. This, and other recent decisions,...more

Vinson & Elkins LLP

Identity Theft is Not a Joke, Jim! — Third Circuit Finds Standing to Sue for Employee Data Breach

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The United States Court of Appeals for the Third Circuit recently held that a plaintiff had standing to sue her former employer for a data breach that exposed her personal information to the “Dark Web” because she...more

Dechert LLP

Dechert Cyber Bits - Issue 21

Dechert LLP on

US Federal Appellate Court Issues Opinion on Proof of Injury in Data Breach Cases - On September 2, 2022, the U.S. Court of Appeals for the Third Circuit reinstated a class action lawsuit that had previously been dismissed...more

Robinson+Cole Data Privacy + Security Insider

ParkMobile Can’t Escape Data Breach Class Action

The class action lawsuit will continue against ParkMobile LLC for a data breach that affected 21 million users of the parking app (Baker v. ParkMobile LLC).The ParkMobile app allows users to pay for parking without having to...more

Latham & Watkins LLP

Decentralized Autonomous Organizations: Piercing the Digital Veil

Latham & Watkins LLP on

A complaint filed in federal court will test the boundaries of protection from liability for individuals behind decentralized autonomous organizations. On May 2, 2022, a putative class action was filed in the US District...more

Robinson+Cole Data Privacy + Security Insider

Another Data Breach Lawsuit for Lakeview Loan Servicing

A December 2021 breach of Lakeview Loan Servicing’s customer data has led to another proposed class action against the company in the U.S. District Court for the District of South Carolina. The breach affected the personal...more

Robinson+Cole Data Privacy + Security Insider

Volkswagen and Audi Hit with Data Breach Class Action

This week, Volkswagen AG’s U.S. entity and its Audi brand were hit with a class action for a data breach that allegedly compromised 3.3 million consumers’ personal information. ...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

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - July 2020

In this month's edition, we examine the Court of Justice of the European Union's decision invalidating the EU-U.S. Privacy Shield framework, as well as the U.S. government's response to the decision. We also examine two...more

Mintz - Privacy & Cybersecurity Viewpoints

The First Wave of CCPA Allegations Makes Its Way Into a New Data Breach Class Action Against Salesforce and Hanna Andersson

The companies Salesforce.com, Inc. and Hanna Andersson, LLC are on the receiving end of a novel lawsuit, which appears to be the very first data breach class action ever filed with alleged violations of the California...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - January 2020

In this month's edition of our Privacy & Cybersecurity Update, we examine the EU advocate general's decision in Schrems II, a federal court's ruling that an insurer owed coverage for a social engineering loss, the Chinese...more

Nilan Johnson Lewis PA

Recent IoT Class Actions Highlight Need for Manufacturers & Vendors of Connected Products to Be Aware of Liability Risks

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The Internet of Things (IoT) products have become a way of life. There are huge benefits of “smart” products, which interact through the internet to gather and exchange data to provide additional functions, security, and easy...more

Robinson+Cole Data Privacy + Security Insider

Fortnite Players Sue for Alleged Exposure of Payment Information for Vbucks

Players of the popular Fortnite video game have filed a proposed class action suit against the video game’s owner, Epic Games Inc. (“Epic”) alleging that Epic failed to protect players’ accounts, allowing hackers access to...more

Lowndes

10 Ways to Protect Yourself in Light of the Starwood/Marriott Breach

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Marriott International announced a massive data breach of its Starwood database. Hackers took off with names, mailing addresses, phone numbers, email addresses, passport numbers, affinity account information, dates of birth,...more

Robinson+Cole Data Privacy + Security Insider

Marriott Confirms Over 5 Million Passport Numbers Stolen in Data Breach

Marriott International Inc. has released new numbers relating to its Starwood Hotel’s reservation database by stating that 5 million passport numbers were stolen in the database....more

Fenwick & West LLP

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

Fenwick & West LLP on

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

K&L Gates LLP

Pennsylvania Supreme Court Holds Employers Have a Duty to Exercise Reasonable Care to Safeguard Sensitive Personal Information...

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To date, Pennsylvania has not adopted a comprehensive law specifying how sensitive personal information about individuals must be secured or the protections that holders of this information must use to minimize risk of...more

Bond Schoeneck & King PLLC

Employers May Be Liable for the Release of Employees' Personally Identifying Information in Data Breaches

It seems that reports of hackers breaching a business’s security measures to obtain customer information appear on an almost weekly basis. Unfortunately, businesses need to worry not only about the unauthorized access of...more

Snell & Wilmer

Pennsylvania Supreme Court Rules that Employers Have an Affirmative Duty to Protect Workers’ Personal Data from Cybercriminals:...

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In a landmark decision with far-reaching implication, the Pennsylvania Supreme Court recently held that employers have an affirmative duty to protect their employees’ personal information from criminal hacking. In particular,...more

Farella Braun + Martel LLP

Florida Court Finds No CGL Coverage For Data Breach Claim

A federal district court in Florida has ruled that a claim against a policyholder arising out of a hacker’s theft of confidential credit card information was not covered under a commercial general liability (CGL) policy. St....more

Robinson+Cole Data Privacy + Security Insider

Adidas Removes Putative Class Action Suit Arising Out of the Data Breach Announced Earlier this Year

On June 28, 2018, Adidas released a statement announcing that it recently “became aware that an unauthorized party claims to have acquired limited data associated with certain Adidas consumers.”...more

Holland & Knight LLP

Food and Beverage Law Update: June 2018

Holland & Knight LLP on

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

Robinson+Cole Data Privacy + Security Insider

Lincare Settles Class Action Data Breach Case with Employees

Lincare Holdings Inc. (Lincare), following mediation, recently entered into a settlement with its employees regarding a data breach that took place on February 3, 2017. ...more

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