News & Analysis as of

Retail Market Malware

Fenwick & West LLP

Litigation Alert: Second Circuit Limits Standing to Bring Data Breach Class Actions

Fenwick & West LLP on

This week, the U.S. Court of Appeals for the Second Circuit issued an important decision in Whalen v. Michaels Stores, placing the court at the center of the controversy around what allegations are sufficient to establish...more

Patterson Belknap Webb & Tyler LLP

Dismissal in Michael Stores Data Breach Case

In the latest decision on Article III standing in a data breach case, the U.S. Court of Appeals for the Second Circuit ruled that a credit card holder – who neither pleaded specific facts about the time or effort spent...more

Kramer Levin Naftalis & Frankel LLP

Advertising Litigation Report: Vol. 2, No. 2 - Consumer Privacy and Data Security

Judge Trims Proposed Class Action Over Wendy’s Data Breach - Torres v. Wendy’s Int’l, LLC, No. 16-cv-0210 (PGB) (DCI) (M.D. Fla. Mar. 21, 2017). A U.S. district court judge in Florida trimmed a proposed class action...more

Robinson+Cole Data Privacy + Security Insider

Home Depot Settles with Financial Institutions

A federal judge has preliminarily approved a proposed settlement of $25 million between Home Depot and financial institutions that issued payment cards that were affected by the Home Depot data breach in 2014. This proposed...more

Patterson Belknap Webb & Tyler LLP

Home Depot Settles with Financial Institutions for Over $25 Million in Data Breach Case

New filings in the consolidated Home Depot data breach litigation, which we have previously covered on this blog, indicate that Home Depot and the remaining financial institution plaintiffs have reached a settlement. ...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #65 – Beware Online Shoppers of Keylogging Malware

There are reports of a java keylogger that is able to copy and forward credit card details from online checkout forms that are used on shopping websites. It has reportedly affected several dozen online shopping websites that...more

Robinson+Cole Data Privacy + Security Insider

Shareholders’ Derivative Suit Against Home Depot Dismissed

On November 30, 2016, The Home Depot, Inc. (Home Depot) got a victory in the shareholders’ derivative suit filed against it for its alleged failure to institute necessary controls to secure its data relating to its 2014...more

Robinson+Cole Data Privacy + Security Insider

Eddie Bauer Latest Victim of Point-of-Sale Compromise

Eddie Bauer announced on August 18th that it is the latest retailer who has become a victim of a “sophisticated” cyber intrusion that has compromised all of the cash registers in the 350 Eddie Bauer stores throughout the U.S....more

Robinson+Cole Data Privacy + Security Insider

Oracle’s MICROS Point of Sale Division Hacked

KrebsonSecurity has reported that the Russian organized cybercrime group dubbed the Carbanak Gang, which in the past has been suspected of stealing more than $1 billion from banks, retailers and hotels and restaurants...more

Perkins Coie

Could a Vendor’s Lax Info Security Ruin Your Holiday Sales? Seven Preventative Steps for Retailers

Perkins Coie on

Many of the largest retailer data security breaches have been caused or enabled by the acts or omissions of retailers’ vendors, such as the widely publicized incident at Target Corporation. Several such breaches occurred...more

Robinson+Cole Data Privacy + Security Insider

American Thrift Stores announces data breach

American Thrift Stores announced this week that like other retailers, it has been hit with a security breach “that occurred through software used by a third-party service provider” that allowed “criminals from Easter Europe”...more

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