News & Analysis as of

Personally Identifiable Information Data Breach Corporate Counsel

Orrick, Herrington & Sutcliffe LLP

11th Circuit orders reexamination of breach class boundaries

On July 11, a split U.S. Court of Appeals for the Eleventh Circuit partially vacated the greenlighting of two data breach class actions, holding that a district court must re-analyze the boundaries of the classes. Both the...more

Fisher Phillips

Brazil Publishes Data Protection Sanctions: 3 Steps Your Company Should Take to Avoid Problems

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Brazil’s data protection authority recently published regulations that could lead businesses and employers that violate the country’s data privacy laws to be punished with administrative penalties – adding yet more incentive...more

Troutman Pepper

Fourth Circuit Finds No Article III Standing in Privacy Case

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A new Fourth Circuit decision has thrown out of federal court a state-law privacy claim where the plaintiff alleged only a bare statutory violation without alleging “a nonspeculative, increased risk of identity theft,”...more

Bennett Jones LLP

British Columbia Employer Found Vicariously Liable for Data Breach

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The Ontario Court of Appeal recently released a trilogy of decisions (Winder v. Marriott International, Inc., 2022 ONCA 815; Obodo v. Trans Union of Canada, Inc., 2022 ONCA 814; Owsianik v. Equifax Canada Co., 2022 ONCA 813)...more

Wilson Sonsini Goodrich & Rosati

FTC Settles Allegations of Data Security Failures with Edtech Company Chegg

On October 31, 2022, the Federal Trade Commission (FTC) announced a complaint and proposed consent order against Chegg, an edtech company, over its security practices that resulted in four security breaches in three years....more

Akin Gump Strauss Hauer & Feld LLP

State and Federal Crackdown on Data Breach: EyeMed, Carnival Cruise & CafePress Settlements

This year has seen some substantial new data breach settlements including a $500,000 Federal Trade Commission (FTC) fine against CafePress, a $1.25 million multi-state class action settlement and $5 million New York...more

Vinson & Elkins LLP

Beyond Materiality: Comparing The SEC’s Proposed Data Breach Notification Rules with Evolving State Notification Laws

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On March 9, 2022, the Securities and Exchange Commission (“SEC”) announced Proposed Rules on cybersecurity risk management, strategy, governance, and incident disclosure (“Proposed Rules”) to address concerns of increasing...more

Hogan Lovells

Data breach response liability: Jury finds defendant not negligent for response to data breach

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In a first of its kind trial, a defendant accused of negligently responding to a data breach was cleared of all liability by a jury last month. After two hours of deliberation, the jury rejected plaintiff’s claim that the...more

Kennedys

Kennedys cybersecurity and privacy (US) 2021 year in review

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As the world emerged from lockdown, it should come as no surprise that cybersecurity and data privacy remained dominant topics in the media and legal industry. Some of 2021 was much like 2020 – ransomware attacks continued to...more

Jackson Lewis P.C.

California Consumer Privacy Act, California Privacy Rights Act FAQs for Covered Businesses

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The California Consumer Privacy Act (CCPA), considered one of the most expansive U.S. privacy laws to date, went into effect on January 1, 2020. The CCPA placed significant limitations on the collection and sale of a...more

Bennett Jones LLP

Alberta Government Seeks Feedback on Privacy Legislation

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The Ministry of Service Alberta is seeking public input on the province's statutory privacy protections. This follows Ontario's recent gesture to modernize its privacy framework and request feedback, which we discussed in...more

Mintz - Privacy & Cybersecurity Viewpoints

CCPA Breach Class Action Settlement About to Get “Minted”

Although the California Consumer Protection Act (“CCPA”) went into effect on January 1, 2020 and over 100 class actions referencing the CCPA have been filed to date, very few class actions have actually made their way to...more

Bennett Jones LLP

Ontario Promises to Create Canada's First Provincial Data Authority

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On April 30, 2021, the Government of Ontario introduced Building a Digital Ontario, the province's new digital and data strategy, which lays the foundation for Ontario to become "the world's leading digital jurisdiction."...more

Dentons

IWD job service claims theft a growing problem

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Many employers are facing growing problems with identity theft in a new way: data is being used to file false claims including requests for job service benefits and SBA loans through the PPP, among others. To address this...more

Jackson Lewis P.C.

The Circuit Split Continues: 11th Circuit Weighs In On Standing In Data Breach Litigation

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The 11th Circuit recently weighed in on the hottest issue is data breach litigation, whether a demonstration of actual harm is required to have standing to sue. Joining several other circuit courts, the 11th Circuit in Tsao...more

Alston & Bird

Eleventh Circuit Holds Risk of Future Harm Does Not Establish Article III Standing

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As part of a growing trend, the Eleventh Circuit recently held that an alleged risk of future identity theft does not establish standing where the plaintiff does not allege any information has actually been misused. Tsao v....more

Balch & Bingham LLP

The Eleventh Circuit Continues to Build on Article III Standing Requirement

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In early November, we wrote about a new Eleventh Circuit decision on Article III standing law which directly held that it was not enough to allege a statutory violation and instead there must be a concrete injury to sustain...more

Sands Anderson PC

Protecting Forensic Reports in Breach Cases: Lessons Learned from Recent Cases

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A recent decision of the U.S. District Court for the District of Columbia further erodes a defendant’s claim of privilege with respect to expert reports related to data breaches.  However, it also provides important...more

Kilpatrick

Data Breach Class Actions - Eleventh Circuit En Banc Decision Could be Bad News for Plaintiffs

Kilpatrick on

Takeaway: The Eleventh Circuit has yet to address whether a future risk of identity theft is sufficient to establish standing in a data breach case. In Muransky v. Godiva Chocolatier, Inc., 16-16486, 2020 WL 6305084, at *12...more

Robinson+Cole Data Privacy + Security Insider

Premera Blue Cross Settles with OCR for $6.85 Million for Breach of 10.4 Million Records

Premera Blue Cross (Premera) has agreed to settle with the Office for Civil Rights (OCR) for $6.85 million over allegations of violations of HIPAA after an investigation of a data breach that occurred in 2014 affecting 10.4...more

Shumaker, Loop & Kendrick, LLP

Client Alert: The OCR Gives Practices 1.5 Million Reasons to Prioritize HIPAA Compliance

Today the Office of Civil Rights (OCR) at the U.S. Department of Health and Human Resources announced that a Georgia orthopedic clinic agreed to pay $1.5 million and adopt a two-year corrective action plan to settle potential...more

Foley & Lardner LLP

State Data Breach Notification Laws - September 2020

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While most state data breach notification statutes contain similar components, there are important differences, meaning a one-size-fits-all approach to notification will not suffice. What’s more, as data breaches continue to...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 – Florida District Court Rules Threat of Future Injury Too Speculative to Support Standing

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Takeaway: Data breach cases often turn on whether the threat of future identity theft suffices to establish Article III standing. In yet another data breach case, In re Brinker Data Incident Litig., 3:18-CV-686-J-32MCR,...more

Balch & Bingham LLP

Vermont Amends Data Breach Notification Law, Enacts Student Privacy Act

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This post was co-authored with Kaylee Rose, first-year law student at Cumberland School of Law: Vermont Amends Data Breach Notification Law - On July 1, 2020, amendments to Vermont’s Security Breach Notice Act, 9 V.S.A. §§...more

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