Data Breach

News & Analysis as of

Multiple class action lawsuits filed against Premera Blue Cross for data breach

Days following Premera Blue Cross’s public announcement that it had experienced a data breach affecting approximately 11 million, it has been sued five times (as of the time of this writing) in proposed class action lawsuits...more

Data Privacy and Security Insider

Judge Paul Magnuson, who is presiding over the Target multi-district class action litigation in Minnesota, preliminarily approved the parties’ proposed settlement of the litigation involving the infamous breach affecting up...more

HIPAA Breach Affects Many Western New York School Districts

Recently, a national BlueCross BlueShield affiliate, Anthem, Inc., discovered that its information technology systems was hacked. The information believed to have been accessed includes names, member ID numbers, dates of...more

Blog: Class Action Following Health Information Data Breach

As we discussed in our previous post, Premera Blue Cross (Premera) recently revealed that it suffered a massive data breach potentially exposing the personal data of 11 million customers. ...more

Delaware’s “Computer Security Breaches” Law Needs an Overhaul

I suspect this may surprise most Delawareans. In 2005, Delaware Governor Ruth Ann Minner signed into law House Bill 116. That bill, now codified as 6 Del. C. §§ 12B-101 et seq., requires individuals or commercial entities,...more

US District Court in Pennsylvania Dismisses Data Breach Class Action on Article III Standing

In Storm & Holt v. Paytime, Inc., 1:14-cv-01138-JEJ (MD Penn. Mar. 13, 2015), the United States District Court for the Middle District of Pennsylvania addressed the Article III standing issue of when a cause of action may...more

Target Reaches Preliminary Settlement in Consumer Data Breach Class Action

Last week, a Minnesota federal district court granted a motion for preliminary approval of a settlement of putative consumer class action claims against Target in the wake of a data breach at the retailer over the 2013...more

Effective cybersecurity: 8 questions for you and your team

Cybersecurity has become a top-tier risk for US and multinational organizations. It is only a matter of time before a determined hacker will penetrate your organization’s system and successfully exfiltrate some data. (Indeed,...more

Threat of Identity Theft is Not Enough: Another Data Breach Class Action Dismissed for Lack of Standing

Hewing to prior Third Circuit precedent in Reilly v. Ceridian and the Supreme Court’s precedent in Clapper v. Amnesty International, the Middle District of Pennsylvania recently joined the majority of federal district courts...more

Good News for Companies: Pennsylvania District Court Rules That Plaintiffs Lack Standing without Actual or Imminent Misuse of Data

“There are only two types of companies left in the United States … those that have been hacked and those that don’t know they’ve been hacked.” That is how U.S. District Judge John E. Jones III of the Middle District of...more

District Court Dismisses Data Breach Case for Lack of Standing

The US District Court for the Middle District of Pennsylvania recently dismissed a consolidated class action against Paytime, Inc. arising out of a data breach by hackers who accessed the personal and financial information of...more

Target Settles Consumer Data Breach Class Action for $10 Million

On Thursday, just three months after a district court judge in Minnesota denied Target’s motion to dismiss the consumer class action following the retailer’s massive 2013 data breach, the court granted preliminary approval of...more

The $10 Million Target Settlement

In the past two years, there have been a number of lawsuits filed against major corporations as a result of data breaches, including the class action filed against Target following the data breach it suffered in late 2013. ...more

Cyberspy thriller with an unclear ending

It reads more like a spy thriller than a news story. Employees of the U.S. subsidiary of a global technology and media company log on to their computers one Monday morning and are greeted with the menacing figure of a neon...more

Federal Court Holds that Data Breach Plaintiffs Have No Standing Unless They Show Misuse

Storm v. Paytime, Inc. — a recent case decided by the U.S. District Court for the Middle District of Pennsylvania — gives companies that have suffered third-party data breaches another decision to support dismissing class...more

Precedent and the Price Explain Why Target and the Consumer Class Agreed to an Early Data Breach Settlement

On March 18, 2015 – just three months after denial of a motion to dismiss consumer claims arising from Target’s 2013 data breach – Target and the consumer class filed papers seeking approval of a settlement. The proposed...more

Large Retailer Agrees to Pay $10 Million Related to Data Breach Incident

On March 19, a district court granted preliminary approval in which a large retailer agreed to pay $10 million to settle a class-action action suit related to a 2013 data breach, which resulted in the compromise of at least...more

Financial Institutions File Class Action Suit In Response to Data Breach

On March 13, a federal credit union filed a class action suit against a national retailer and parent company, alleging their actions during a September 2014 data breach injured credit unions, banks, and other financial...more

Proposed Settlement in Target Data Breach Litigation

A proposed settlement has been reached in the multi-district consumer litigation Target faces following a data breach that compromised at least 40 million credit cards during the 2013 holiday shopping season. The settlement,...more

Frontiers Of Data Breach Litigation: Standing Issues Presented To Seventh Circuit In Lewart v. P.F. Chang’s China Bistro, Inc.

In a brief made public on March 10, P.F. Chang’s China Bistro, Inc. urged the U.S. Court of Appeals for the Seventh Circuit to affirm a lower court’s decision to toss out two consolidated complaints filed against the company...more

Update: Proposed Settlement in Target Data Breach Litigation

The proposed settlement agreement in the Target data breach consumer litigation that we reported on on March 19, 2015 has been approved by the judge, and a final approval hearing set for November 10, 2015. Based on this...more

Premera Blue Cross Targeted by Hackers – 11 Million Individuals Compromised

Premera Blue Cross (“Premera”) announced this week that it has been the target of a sophisticated cybersecurity attack in which the information of approximately 11 million individuals has been compromised. This announcement...more

Lessons Learned from Recent Data Security Breaches, Part Two

Because controlling access is essential to protecting privacy of PHI under HIPAA, the HITECH Security Rule essentially requires that a covered entity control physical and electronic access to the data system by implementing...more

State Legislatures React To Latest Health Data Breaches By Updating State Data Breach Notification Laws And Encryption...

Recent, large-scale breaches of health information have served to highlight the fact that federal agencies have only rarely assessed penalties against companies as a result of these breaches, while many states do not have...more

Premera Cyber-Attack Announced: Defining Your Obligations as an Employer

On March 17, 2015, Premera announced a data breach involving the personal information of more than 11 million individuals resulting from what it characterized as a sophisticated, targeted cyber-attack. Employers and plan...more

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