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It is scary to think of cyber warfare and how it may affect us. But the reality is there, and we should be prepared. I was chatting with a colleague this morning who asked for the top two things to do to prepare for a massive...more
I have done more online shopping this year than ever before, and I know that I am not alone. With the holidays approaching, this will only increase because of the pandemic, and hackers and fraudsters know it....more
Last Friday we blogged on the Saks data breach class action, and in the process mentioned a trend among federal courts to reject fear of future identity theft claims in retail breach cases. ...more
Blackstone CEO Stephen Schwarzman and BlackRock CEO Larry Fink have joined JPMorgan’s Jamie Dimon and a growing list of other business titans who have withdrawn from Saudi Arabia’s “Davos in the Desert” investment conference...more
Is the risk of future harm enough to satisfy Article III standing in a data breach suit? That’s the question courts of appeals around the country are wrestling with now – and reaching opposing results. ...more
On March 8, a Ninth Circuit panel held that fear of identity theft in the wake of a data breach satisfies the standing requirements of Article III of the United States Constitution....more
The U.S. Court of Appeals for the Ninth Circuit has found that allegations of a future risk of identity theft resulting from a data breach are sufficient to establish standing....more
Last week, Target announced that it reached a settlement of $18.5 million with attorney generals in 47 states and the District of Columbia over the massive security breach it suffered in 2013....more
We hear daily about another payment card breach at a retail store, restaurant chain or hotel line. The response to a payment card breach differs from company to company. I get a lot of questions about payment card breaches...more
The 2013 hack that caused one of the largest breaches in U.S. retail history continues to be a headache for Target Corp. Following the breach just before the holidays in 2013, Target was hit with consumer class action suits,...more
Rite Aid has admitted that its online eCommerce platform was accessed by unauthorized individual(s) from January 30, 2017, through April 11, 2017, and their customers’ names, addresses and payment card information, including...more
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
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
The Nevada Division of Public Health has announced that its Medical Marijuana Program online database has suffered a cyber-attack that has exposed 11,700 applications requesting approval to open a medical marijuana...more
Cybersecurity should always be at the top of any retailer’s priority list—and even more so as the holiday shopping season gets underway. To that end, the Federal Trade Commission’s newly-released Data Breach Response...more
Whether resulting from a planned cyberattack or mere carelessness, data breaches are on the rise. In 2015, 781 data breaches were reported across the United States, with the average breach costing $3.8 million. In 2016, the...more
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