Top 5 Cybersecurity and Privacy Developments of 2018 and Their Insurance Implications
Yesterday, the U.S. Supreme Court rejected a petition for a writ of certiorari by Zappos requesting the Court to review a Ninth Circuit Court decision which allowed customers affected by a data breach to proceed with a...more
The Situation: Relating to a 2012 data breach lawsuit against Zappos.com, a district court had found that a certain group of plaintiffs lacked standing to sue because they "failed to allege instances of actual identity theft...more
A class action seeking damages for a 2012 data breach at Zappos.com that impacted 24 million customers will move forward after the U.S. Court of Appeals for the Ninth Circuit reversed a dismissal of certain plaintiffs for...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
Every data breach class action in federal court must confront a threshold question: has the plaintiff alleged a sufficient “injury in fact” to establish Article III standing? The inquiry frequently focuses on whether a...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
Contract terms and purchaser assent to those terms, conditions, intended use and warning information provided with a purchased product are known fertile ground for defending product claims. In today’s virtual age,...more
In granting a motion to dismiss a data breach putative class action lawsuit, the District of Nevada joined the majority of federal district courts in holding that plaintiffs whose personal information was stolen lack Article...more
Continuing the growing trend of dismissing data breach cases when there is no evidence of actual harm, the United States District Court for the District of Nevada last week dismissed a class action case filed against Zappos...more
On June 1, 2015, a U.S. District Court in Nevada dismissed a consolidated class action against Zappos stemming from a data breach in January 2012. The court held that the plaintiffs lacked standing given their failure to...more