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The Proposed Overhaul Of North Carolina’s Data-Breach Law Could Have Big-Time Consequences

One might expect N.C. Gen. Stat. § 75-1.1 to play a big role in data-breach litigation. The statute, after all, offers the prospect of treble damages and attorney fees. But, historically, it hasn’t. Only three...more

DRI - The Powerful Economic-Loss Rule - Defending The Business-To-Business Data-Breach

Hardly a day goes by without a headline announcing that a prominent company has fallen victim to a data breach. These headlines are followed, almost inevitably, by reports of class action lawsuits filed by consumers whose...more

Defending Data-Breach Lawsuits Brought By Employees (Part 2 of 2)

Yesterday’s post examined Sackin v. TransPerfect, Inc., where an employer suffered a data breach involving its employees’ sensitive information. After the employees sued, a federal court in New York refused to dismiss claims...more

Defending Data-Breach Lawsuits Brought By Employees (Part 1 of 2)

As we’ve previously discussed, companies are often sued by their customers and business partners after a data breach. Another increasingly common source of data-breach litigation comes from within: companies’ own employees. ...more

Unfair And Deceptive Trade Practices Claims In Data-Breach Lawsuits

Section 5 of the Federal Trade Commission Act provides a powerful tool for the federal government to regulate companies’ data-security practices. Rather than adopt specific data-security standards, the FTC often uses Section...more

Defending The Business-To-Business Data Breach Lawsuit

Hardly a day goes by without a headline announcing that a prominent company has fallen victim to a data breach. These headlines are followed, almost inevitably, by reports of class action lawsuits filed by consumers whose...more

The Government Can Sue For A Privacy Or Data-Security Violation. What Are The Limits Of That Government Power?

Consumers and businesses aren’t the only sources of potential privacy and data-security litigation. Today’s post looks at another important source: the Federal Trade Commission and state consumer-protection regulators....more

Defending Breach-Of-Contract Claims In Data-Breach Litigation

We’ve previously discussed the “overpayment” theory of injury in data-breach litigation. This theory rests on the premise that the price of a product or service includes a payment for data security measures. When a data...more

Data Security Law: Managing The Legal Risks Of Cloud And Collaboration Tools

As anyone with a Dropbox or Google Drive account knows, consumer-grade cloud storage and collaboration services are a convenient way to store and share personal photos, music, video and documents. Employees who use these...more

How A Potent Defense Can Stifle Data-Breach Lawsuits By Businesses

Consumers aren’t the only plaintiffs in data-breach litigation. Businesses sue, too. When they do sue, businesses can be strong plaintiffs. This is because, unlike consumers, businesses usually can establish standing,...more

Defending Novel Theories In Data-Breach Litigation

The success of a data-breach lawsuit often turns on whether the plaintiff has standing to sue. Showing actual injury can be especially hard when the only alleged damage consists of a risk of future identity theft....more

61 Million Reasons To Carefully Oversee Your Third-Party Marketer?

As we’ve mentioned before, federal privacy statutes that permit lawsuits and award automatic damages can be a fertile source of consumer class action litigation. The Telephone Consumer Protection Act (TCPA) fits this bill....more

Standing Room Only: Spokeo And The Video Privacy Protection Act

As we’ve discussed before, standing is often a key issue in data-breach litigation. Standing is also frequently at issue in another type of privacy case: litigation arising from violations of privacy rights created by...more

Trust but Verify? Liability for Engaging in Transactions with an Identity Thief

After a data breach, consumers often sue to recover for injuries they suffer, or fear they will suffer, when identity thieves use the stolen data. These suits usually target the company that suffered the data breach. ...more

Offers You Make May be Used against You: Free Credit Monitoring and Standing in Data Breach Cases

It’s become an unfortunate rite of passage for the modern age: the receipt of a letter from a company explaining that one’s personal information been lost or stolen in a data breach. The letter usually offers to...more

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