Home Depot

News & Analysis as of

Officers and Directors Spared Home Depot Data Breach Derivative Lawsuit

Officers and directors may breathe a temporary sigh of relief following the recent dismissal of the Home Depot data breach derivative case. Others will look to the facts for guidance. The complaint alleging the board had...more

“Directors’ Decisions Must Be Reasonable, not Perfect” Home Depot’s Shareholder Derivative Litigation Arising from Data Breach...

On November 30, 2016, a federal district court dismissed a shareholder derivative complaint against various current and former directors of Home Depot arising from the well-publicized data breach the company suffered between...more

Home Depot Cyber Derivative Action Shuttered: Another Data-Breach Derivative Suit Fails to Clear Fundamental Corporate Law Hurdles

The recent dismissal of a Home Depot derivative action ends a string of high-profile derivative suits stemming from large-scale corporate data breaches. On November 30, the Northern District of Georgia dismissed a shareholder...more

Home Depot directors prevail in cybersecurity liability claim

In our November 15, 2016, blog post, “Cybersecurity liability: Delaware has good news for directors,” we discussed an influential case that, while not directly dealing with cybersecurity, outlined the duty of oversight that...more

A Failed Strategy: Another Derivative Action In A Data Breach Case Goes Down To Defeat

Dismissal Of Home Depot Derivative Action Extends Shareholder Losing Streak An attempt to impose liability on corporate officers and directors for data breach-related losses has once again failed. On November 30,...more

July 2016 Independent Contractor Misclassification and Compliance News Update

Four of the five independent contractor (IC) misclassification cases reported below from July 2016 illustrate how companies continue to fail to structure, document, and implement a business’s IC relationships in a manner that...more

Home Depot Seeks Interlocutory Review of District Court’s Denial of Motion to Dismiss

In May of this year, the United States District Court for the Northern District of Georgia ruled largely in favor of the class action plaintiffs and against The Home Depot, Inc. by denying a motion to dismiss on at the...more

Home Depot Challenges Banks’ Standing to Recover Losses Related to Data Breaches

In the aftermath of major data breaches at deep-pocketed retailers and other businesses, there is typically no shortage of litigants who move quickly to seek compensation from the business at which the breach occurred. But...more

"Data Privacy Protection and Cybersecurity: A Business and Legal Primer"

The news regularly reports on data breaches and cybersecurity. While we read about the biggest breaches – Home Depot, Target, Anthem, JP Morgan, Wyndham – probably every business has been hacked and will be hacked again. ...more

Home Depot Alleges Visa, MasterCard Colluded To Delay Chip-and-PIN Implementation; Exposed Retailers, Consumers to Data Breach...

A recent bombshell lawsuit by The Home Depot alleges patterns of antitrust violations, illegal collusion, and anti-competitive conduct by the Visa and MasterCard credit card networks. The suit arises in a climate in which the...more

Your daily dose of financial news - The Brief – 6.16.16

As expected, the Fed announced yesterday that it was holding current interest rates steady and would be slow to push rates up while the economy tiptoes toward stability. Much more from Chair Yellen and economists’ reaction...more

Credit Card Issuers Cleared to Proceed Against Home Depot

Recently, a federal judge in Georgia ruled that the class action filed against Home Depot by the credit card companies could proceed. The judge stated that the card issuers’ allegations that Home Depot was negligent in its...more

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

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

Your daily dose of financial news The Brief – 5.11.16

The fallout from Lending Club’s surprise news about Renaud Laplanche’s departure continues, with Goldman Sachs and Jeffries LLC hitting the pause on planned LC bond sales – WSJ... A Treasury Department white paper...more

A Closer Look At The Fallout From The Home Depot Data Breach

More than a year and a half ago, Home Depot announced that it had been a victim of one of the largest data breaches in U.S. history. Media outlets reported that the breach had affected Home Depot’s customers who had made...more

Your daily dose of financial news The Brief – 4.25.16

This weekend’s Fair Game pulled out the old slide rule and got mathy on us, looking at the proliferation of companies these days reporting results “not based on generally accepted accounting principles” in an effort to “steer...more

Early Settlement of the Home Depot Consumer Data Breach Claims – The Start of a Trend?

Last week, a federal court in Atlanta issued an order preliminarily approving a proposed settlement – valued up to $19.5 million – of the consumer claims arising from the 2014 theft of payment card data from Home Depot. The...more

Home Depot agrees to settle data breach class action suit for at least $19.5 million and up to $28 million including attorneys’...

Home Depot announced on March 7, 2016, that it is agreeing to settle claims against it for the massive data breach that occurred in 2014, affecting up to 56 million debit and credit card holders for at least $19.5 million,...more

The New Face of Commercial Crime - Cybersecurity Risks for Companies and their Directors

The threat of commercial crime against companies is transforming. Technology has created new and innovative ways for fraudsters to exploit individuals and companies through cyber attacks. This new face of fraud can give rise...more

Privacy & Data Security Advisory: The Importance of Strategic Vendors in Breach Response

Cybercrime and data security incidents are on the rise. Publicized cyber incidents have become so prevalent that it would be difficult to find someone who has not received at least one breach notification letter in the mail....more

NC Business Court Turns 100

The Business Court turned out its one hundredth published (numbered) opinion of 2015 at the end of last week. It came in the form of a tax case, in Home Depot U.S.A., Inc. v. North Carolina Dept. of Revenue, 2015 NCBC 100....more

Three Privacy Policies Every Company Should Have in 2016

As we have reached the 4th quarter of 2015, many companies are actively planning for the next calendar year. In the last 12 months, privacy law has become a “front burner” issue for many companies....more

New PCI Guidance Provides Businesses With Security Incident Response Assistance

A security event involving payment card data, especially card present data, can be one of the most costly events a company may face. Not only did a recent study report the average total cost of a data breach as $3.8 million,...more

Trump Hotel Collection Confirms Year-Long Data Breach

Trump Hotel Collection, the high-end hotel chain owned by the billionaire Republican presidential hopeful and real estate developer Donald Trump, has confirmed a data security breach involving malware that the company says...more

Cheaters, Divorce & Social Media

Files Leaked – Cheating Spouses Exposed - Target, Staples, and Home Depot customer’s credit card information was hacked into this past year. Recently the website that caters to spouses seeking to be unfaithful to their...more

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