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Polsinelli

11th Circuit Data Breach Decision Highlights Employer Obligations to Protect Employee Personal Identifiable Information From Third...

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Earlier this month, the United States Court of Appeals for the Eleventh Circuit issued a decision restricting employers’ abilities to fight off putative class action claims regarding data breach and cyberattacks on employee...more

Robinson+Cole Data Privacy + Security Insider

T-Mobile Sued for Data Breach of 37 Million Records

On January 22, 2023, T-Mobile was sued in federal court in California alleging negligence, unjust enrichment, breach of express contract, breach of implied contract, and invasion of privacy over the recently-disclosed data...more

Morrison & Foerster LLP

Top 5 SEC Enforcement Developments for September 2022

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In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important SEC enforcement developments from the past month, which was an active one as the SEC...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

Robinson+Cole Data Privacy + Security Insider

Mediant Communications Settles Data Breach Class Action Lawsuit

Last week, Mediant Communications Inc. (Mediant) settled a class action lawsuit in the U.S. District Court for the Southern District of New York stemming from a 2019 data breach in which hackers accessed 200,000 individuals’...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

Vinson & Elkins LLP

No (Actual) Injury, No Problem: Second Circuit Recognizes An “Increased-Risk” Theory Of Standing For Plaintiffs In Data Breach...

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In McMorris v. Carlos Lopez & Associates, LLC, a data breach case, the Second Circuit held that plaintiffs may demonstrate standing based on a theory of “increased risk” of future identity theft or fraud following an...more

Fisher Phillips

One Employee’s Accidental Email Leads To A Significant Data Breach Ruling in Federal Appeals Court

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A federal appeals court recently addressed whether employees had standing to bring a lawsuit when their personally identifiable information (PII) was inadvertently circulated to other employees at the company, with no...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

Butler Snow LLP

A Virtual Reality: What Videoconference Platforms Can Do to Prevent or Defend Data Security and Privacy Lawsuits

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Videoconferences have become “virtually” ubiquitous in today’s workforce, particularly as COVID-19 continues to transform how businesses operate from day to day.  To maintain social distancing, most businesses have encouraged...more

Robinson+Cole Data Privacy + Security Insider

ShopRite Settles with NJ AG for Data Breach

New Jersey Attorney General (AG) Gurbir S. Grewal announced on November 2, 2020, that his office has settled with ShopRite’s parent company, Wakefern Food Corp. (Wakefern) and two of its supermarket entities for $235,000 for...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

Kilpatrick

Data breach class actions - Georgia Supreme Court finds allegations of imminent risk of identity

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Takeaway: A key issue in data breach litigation is whether a data breach plaintiff has alleged facts sufficient to establish a cognizable injury. In Collins v. Athens Orthopedic Clinic, P.A., S19G0007, 2019 WL 7046786 (Ga....more

King & Spalding

North Carolina Federal Court Dismisses Data Breach Class Action Based on Lack of Article III Standing

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On October 1, the Eastern District of North Carolina dismissed a putative data breach class action because the plaintiffs failed to allege facts showing that their stolen data had actually been used (or was likely to be used)...more

Seyfarth Shaw LLP

The Intersection of Alleged HIPAA Violations and State Negligence Law

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Synopsis: HIPAA provides no federal cause of action, but alleged HIPAA violations may be remedied in state court under state negligence law....more

Tucker Arensberg, P.C.

Pennsylvania Supreme Court Holds That Employers Have Duty to Protect Their Employees’ Data

Dittman v. UPMC, 196 A.3d 1036 (Pa. 2018).  The Pennsylvania Supreme Court holds that employers have a legal duty to use reasonable care to safeguard sensitive personal information of their employees when the employer chooses...more

Kilpatrick

Data Breach Class Actions - Georgia Supreme Court Rejects Duty to Safeguard Personal Information

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Takeaway: Plaintiffs in data breach class actions usually assert common law tort claims, such as claims for negligence, gross negligence, and negligence per se. Negligence claims, however, require the breach of a recognized...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

Womble Bond Dickinson

Lawsuit Alert: New State Law Affirmative Duty to Safeguard Personal Data

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Now a business that was hacked may be successfully sued under state common law by data subjects whose information was compromised in the crime. For the first time, a state supreme court has held that a company that was...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

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

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #169 – What to Do When You Get the Breach Notification Email from Starwood Hotels/Marriott

I knew I would get it. It was just a matter of time. The dreaded breach notification email from Starwood Hotels/Marriott hit my inbox this Monday. As you know, I am one that is serious about data privacy....more

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