Target

News & Analysis as of

Target’s Successful Defense To A FCRA Class Action Is Good News For Employers

Target requires job applicants to sign a “Consent & Disclosure” form advising the applicant that Target will obtain an employment background report. The form discloses that a consumer report or investigative consumer report...more

Potty Wars: North Carolina Doubles Down on Transgender Bathroom Law

It seems like an odd place to wage a civil rights war, but right now across the country there is a serious debate over public bathroom use. The LGBT community, backed by the U.S. Department of Labor (OSHA), has taken the...more

Target’s Cyber Insurance: A $100 Million Policy vs. $300 Million (So Far) In Costs

When it comes to buying cyber insurance, businesses can take comfort that they have mitigated the financial risks that come with a data breach. Just not all of them. Target Corporation’s high-profile hack is a case in...more

SEC Staff Issues No-Action Letters Regarding the Exclusion of Shareholder Proxy Access Proposals on the Basis of “Substantial...

On February 12, 2016, the staff of the Division of Corporation Finance of the Securities and Exchange Commission issued eighteen no-action letters involving requests to exclude shareholder proxy access proposals on the basis...more

Driessen v. Sony Music Entertainment (Fed. Cir. 2016)

On February 10, 2016, the Federal Circuit issued a nonprecedential opinion in a case captioned Driessen v. Sony Music Entertainment, Best Buy Stores, Fye, & Target Corp. addressing issues related to means-plus-function claims...more

Courts Send Mixed Messages on Standing for Plaintiffs in Data Breach Litigation

New decisions from two federal courts may allow defendants in data breach class action litigation to breathe somewhat easier, following a run of adverse decisions last year. These decisions illustrate an emerging trend of...more

The New Face of Commercial Crime - Cybersecurity Risks for Companies and their Directors

The threat of commercial crime against companies is transforming. Technology has created new and innovative ways for fraudsters to exploit individuals and companies through cyber attacks. This new face of fraud can give rise...more

Legal Considerations for Retail Clinics

Retail clinics have grown substantially in number and popularity since their emergence in the early 2000s. Retail clinics are limited healthcare clinics that operate outside of physician offices and hospitals, typically in...more

Privacy & Data Security Advisory: The Importance of Strategic Vendors in Breach Response

Cybercrime and data security incidents are on the rise. Publicized cyber incidents have become so prevalent that it would be difficult to find someone who has not received at least one breach notification letter in the mail....more

Data breach class action dismissed against SuperValu for lack of standing

Last week, a Minnesota court ruled that a consolidated class action filed against SuperValu retail chain failed to assert any harm, finding that while SuperValu did suffer two data breaches, the class’s claims of possible...more

5 Big Developments in Privacy Class Actions in 2015, and 3 to Look for in 2016

The burgeoning area of privacy class action litigation showed no signs of slowing down in 2015. Here are some of the most significant developments from the past year, as well as some things to watch for in the coming year....more

Five Things Any Business Should Know About Web Accessibility

Soon businesses with an online presence will be required to make their websites accessible to persons with disabilities or face litigation in state and federal court. The Americans with Disabilities Act (ADA) already requires...more

Target Settles Data Breach Class Action Suit With Banks For $39 Million

Target has agreed to a $39 million settlement in a class action suit with several U.S. banks stemming from Target’s massive 2013 data breach. That data breach affected customers who shopped at U.S. Target stores between...more

Target Agrees to $39 Million Settlement with Credit Card Issuers’ Data Breach Claims

Still recovering from its 2013 data breach, Target Corp. agreed to a $39 million settlement with a class of banks suing the well-known retailer, marking the settlement as the first class-wide data breach pact ever reached on...more

Target settles data breach class action with financial institutions for $39 million

We previously reported that Target Corp.’s (Target) settlement with MasterCard was rejected, but now, Target agreed to pay $39 million to settle the class action filed against it on behalf of the financial institutions...more

Target and Card Issuers Reach Final Data Breach Settlement

Two years after the massive holiday season theft of customers’ payment card data from Target point of sale terminals, the Target data breach litigation appears to be entering its final act. On Tuesday, December 1, Target...more

Why Every Data Breach Response Plan Should Involve Outside Counsel

The importance of retaining outside counsel after a data breach was recently underscored in the Target data breach class-action litigation filed by the financial institutions. Plaintiffs filed a motion to compel Target to...more

Target Settles With Credit Card Issuers

Today, Target and a class of banks that issued credit cards that were compromised in the Target data breach announced they have reached a $39.4 million settlement. Up to $20,250,000 of the settlement will go to a...more

Your daily dose of financial news The Brief – 12.3.15

Fed Chair Janet Yellen is doing all she can to soften the blow of (or at least sufficiently prep the markets for, bond traders be damned) the seemingly inevitable Fed interest rate liftoff at the Fed’s December meeting. ...more

District Court Grants Final Approval In Target Consumer Data Breach Class Action

On November 17, 2015, the federal district court overseeing the Target data breach litigation granted final approval to the consumer class action arising out of the 2013 Target data breach. The court certified, for final...more

Is Your Privilege On Target? Lessons in Protecting Privilege from the Target Data Breach

The Target data breach has been the source of countless discussions of what to do and what not to do following a data breach. A recent ruling from the federal district court overseeing the consumer class action provides...more

Employment Law Navigator – Week in Review: November 17, 2015

It’s no secret that employers can gain information about productivity and safety if they monitor employees. They can also catch employees engaged in misconduct. In light of a recent advice memorandum from the National Labor...more

Court Rules Target Data Breach Internal Investigation Documents Largely Protected by Attorney-Client Privilege/Work Product...

The Minnesota magistrate judge presiding over discovery in the litigation seeking to hold Target Corp. liable for the retailer’s 2013 data breach issued an order denying the motion by a plaintiff class of about 9,000 banks to...more

Attorney-Client Privilege and Work-Product Doctrine Shield Forensic Data Breach Consultant’s Communications and Documents from...

October 23, 2015, Magistrate Judge Jeffrey J. Keyes of the United States District Court for the District of Minnesota determined that the attorney-client privilege and the work-product doctrine shielded from disclosure...more

Lessons Learned from Target’s Data Breach Discovery Win - Five Strategies for Maintaining Privilege in the Aftermath of a Data...

A thousand questions immediately flood any lawyer’s mind when they first hear that their client may have been affected by a data breach. How did it happen? What data were affected? Was there any personal information affected,...more

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