Mass Torts vs. Class Actions: A Tale of Two Strategies
Eighth Circuit Reverses Dismissal of Putative Class Claims
Class Action | Eleventh Circuit Reinstates No Hire Antitrust Claims Against Burger King
John Lewis of BakerHostetler Discusses Use of Social Media in Gawker Class Action
Wearables and the Future of Intellectual Property Law
In a recent federal case from New York, the court dealt a blow to plaintiffs suing over data breaches. The plaintiffs had filed a putative class action suit, alleging that they (and others like them) had been harmed by the...more
Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the first quarter of 2024. In this edition, UK High Court weighs in on information asymmetry, debit is better than credit,...more
The Ninth Circuit Court of Appeals recently upheld a decision compelling arbitration based on an arbitration provision in website “terms of use,” even though those terms were in a hyperlink....more
NIST Publishes Report on the Cybersecurity of Genomic Data. On December 20, 2023, the NIST National Cybersecurity Center of Excellence (NCCoE) published Final NIST IR 8432, Cybersecurity of Genomic Data. Informed by direction...more
Healthcare providers are responsible for guarding the health and well-being of their patients. Still, they also have an essential duty to protect the personal information they collect in the process....more
Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the third quarter of 2023. In this edition, a mistake is just a mistake, “99.99%” isn’t 100% clear, and faxes aren’t always...more
Editor’s Note: The FTC continues to crack down on privacy and cybersecurity, including issuing a new warning to tax preparation companies and entering into a consent decree with 1Health.io. VPPA and BIPA litigation continues...more
On June 30, the U.S. Court of Appeals for the First Circuit overruled a district court’s dismissal of a putative class action against a home delivery pharmacy service for allegedly failing to prevent a 2021 data breach that...more
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
The FTC is Coming Soon to a Phony Earnings Scheme and Celebrity Endorser Near You - The FTC is making good on its promises to protect consumers from phony get-rich-quick opportunities, wrapped in costly training programs,...more
A California federal court recently held that all governance token holders were responsible for any losses suffered in a security incident. Specifically, the court, in denying a motion to dismiss, ruled in part in favor of a...more
Customer lists held by providers and the personal information users enter to obtain digital wallets or set up crypto exchange accounts are enviable targets for hackers. Such data can be used to launch targeted phishing...more
Judge Jeffrey White of the Northern District of California recently dismissed a putative class action lawsuit in which plaintiffs claimed they faced an imminent threat of future of harm in the form of identity theft and fraud...more
Takeaway: We have written a number of articles about standing issues arising in data breach class actions. See, e.g., Data breach class actions: Third Circuit sets out parameters for Article III injury-in-fact (Oct. 27,...more
Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the second quarter of 2022. In this edition, fail-safe classes fail, consumers smoke a motion to dismiss, and you can’t bring...more
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
The Third Circuit Court of Appeals has given new life to a putative class action suit led by a former employee of a company that suffered a ransomware attack, leading to her sensitive information being released onto the Dark...more
In a case of first impression, the United States District Court for the Southern District of California granted the motion of Defendant Neighborhood Healthcare seeking order compelling the United States to defend a putative...more
Over the years, there have been very few class certification rulings in actions arising from data breach incidents. Of those that have been published, most have favored the defense....more
Welcome to the first edition of the Payments Docket, our roundup of key litigation involving the payment industry. This edition features a stolen cell phone number used to buy cryptocurrency, a pair of class actions accusing...more
An apparent email snafu has led to the filing of a putative class action against the Phoenix Children’s Hospital. The allegations stem from an email that was allegedly sent out to 368 people that outlined the protocols for...more
In this month’s edition of our Privacy & Cybersecurity Update, we examine the FTC’s changes to the Gramm-Leach-Bliley Act’s Safeguards Rule and the CFPB’s order requiring six tech companies to disclose information regarding...more
Second Circuit Denies Settlement of Data Breach Case Due to Lack of Standing - As we previously reported, in April 2021, the Second Circuit became the latest federal circuit to hold that an individual may establish Article...more
"The overwhelming majority of courts have concluded that neither COVID-19 nor the governmental orders associated with it cause or constitute property loss or damage for purposes of insurance coverage." So concluded the...more
As more and more ransomware attacks affect companies large and small, such as the recent, well-known attacks on the Colonial Pipeline and the meat processing company JBS, industrious plaintiffs’ counsel will continue to...more