News & Analysis as of

Jurisdiction Data Breach

Foley & Lardner LLP

Product Liability Trends in the Automotive Industry

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Automobiles may be the most complex, essential and widely used consumer products in the world and every year they incorporate increasingly advanced technology into nearly every component and function. The advancing...more

Polsinelli

Current Turmoil and Future Risks in Resolving Data Breach Class Actions

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Data incident lawsuits, especially class actions, have the potential to create significant business disruption, loss of marketplace credibility, civil liability or regulatory exposure. Consequently, companies that experience...more

McDermott Will & Emery

Appeal Shuttered for Lack of Finality

McDermott Will & Emery on

The US Court of Appeals for the Eighth Circuit held that it lacked jurisdiction under 28 U.S.C. § 1291 and therefore dismissed an appeal of a district court decision staying a federal action pending state court litigation...more

Hinshaw & Culbertson - Insights for Insurers

Beyond Data Breach: Evaluating Coverage for Misuse of Information Claims

New and comprehensive privacy and cyber regulations continue to proliferate across the globe. These are not your father’s data breach notification laws. The scope of information included within these mandates has expanded...more

Bradley Arant Boult Cummings LLP

Yes, But Were You Hurt? Another Data Breach Case Dismissed for Lack of Damages

While a war rages on the issue of standing in data breach cases, the need to prove damages is presenting an even greater hurdle for plaintiffs, as we have noted previously. One clear illustration of this trend is Attias v....more

Bradley Arant Boult Cummings LLP

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

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

Proskauer - Minding Your Business

A Primer on the SHIELD Act: New York’s Move to Adopt More Stringent Data Security Requirements, Part II

What would companies need to do to comply with the law? The Stop Hacks and Improve Electronic Data Security (SHIELD) Act imposes requirements in two areas: cybersecurity and data breach notification. The cybersecurity...more

Mintz - Privacy & Cybersecurity Viewpoints

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

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

Dechert LLP

Asset Management Regulatory Roundup - December 2017 - Issue 12

Dechert LLP on

A compact summary of the most recent regulatory and tax developments relevant to the UK asset management industry. This issue includes details of the FCA’s stance on the reporting of cyber attacks; the Government’s opinion on...more

Manatt, Phelps & Phillips, LLP

Retail and Consumer Products Law Roundup - August 2017

Data Breach Lawsuits Continue to Fill the Courts - Data breach litigation continues to fill the courts in all stages, with a new class action filed against Tempur Sealy International and the dismissal of a suit against...more

Carlton Fields

Laws Governing Data Security and Privacy – U.S. Jurisdictions at a Glance (updated for 2016)

Carlton Fields on

The chart blow constitutes a summary of the laws of various jurisdictions that govern data breach notifications. ...more

Robinson+Cole Data Privacy + Security Insider

Third Circuit affirms FTC’s jurisdiction over security practices in Wyndham case

In a strongly worded opinion, the Third Circuit Court of Appeals on Monday slammed Wyndham Worldwide Corporation’s arguments that the FTC did not have jurisdiction to enforce the security practices of businesses following a...more

Carlton Fields

Laws Governing Data Security and Privacy – U.S. Jurisdictions at a Glance

Carlton Fields on

The below chart constitutes a summary of the laws of various jurisdictions that govern data breach notifications...more

Mintz - Privacy & Cybersecurity Viewpoints

Home Depot Moves to Dismiss Consumer Data Breach Claims for Lack of Standing

Home Depot has staked its defense of consumer claims arising from the 2014 theft of payment card data from the home improvement retailer on the asserted absence of injuries sufficient to confer standing to sue. Because...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - May 2015

In This Issue: - Second Circuit Rules Patriot Act Does Not Authorize Bulk Metadata Collection; Congress Reconsiders Certain Patriot Act Authorities - SEC Issues Cybersecurity Guidance for Investment Companies...more

Obermayer Rebmann Maxwell & Hippel LLP

FTC May Have Authority to Regulate Companies’ Data Security Practices

Between 2008 and 2010, hackers stole credit card information from the computer network of Wyndham Hotels & Resorts LLC (“Wyndham”), which affected hundreds of thousands of Wyndham’s customers in the process. The Federal Trade...more

Epstein Becker & Green

Take 5 Newsletter: 5 Employment Law Considerations in "The Cloud"

Epstein Becker & Green on

What is "the cloud," and what on Earth (pun intended) does cloud computing have to do with employment law? While many definitions abound, cloud computing at its core is a form of remote electronic data storage,...more

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