Game-changing Calif. Consumer Privacy Act of 2018 puts statutory breach damages on the table -
The recently-enacted California Consumer Privacy Act of 2018 is a game-changer in a number of respects. The Act imports...more
8/24/2018
/ Class Action ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Hackers ,
New Legislation ,
Personal Data ,
Personally Identifiable Information ,
Popular ,
Risk Management ,
State and Local Government ,
State Data Breach Notification Statutes
A recent skirmish about standing in data breach class actions (this time in the Eighth Circuit), involving securities and brokerage firm Scottrade, suggests that, even if plaintiffs win that limited question, there are other...more
10/31/2017
/ Article III ,
Brokerage Accounts ,
Class Action ,
Corporate Counsel ,
Cyber Attacks ,
Data Breach ,
Hackers ,
Personally Identifiable Information ,
Popular ,
Scottrade ,
Standing
In the latest sign that data breach class actions are here to stay—and, indeed, growing—the D.C. Circuit resuscitated claims against health insurer CareFirst BlueCross and Blue Shield, following a 2015 breach that compromised...more
9/8/2017
/ Article III ,
Blue Cross ,
Blue Shield ,
CareFirst ,
Class Action ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
GLBA Privacy ,
Hackers ,
Health Insurance ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Identity Theft ,
Injury-in-Fact ,
Personally Identifiable Information ,
Popular ,
Standing
It was about time for data breach defendants to get a win. The District Court for the Northern District of Illinois delivered one to Barnes & Noble in its long-running class action that stems from a breach suffered in 2012....more
11/30/2016
/ Article III ,
Barnes and Noble ,
Books ,
Class Action ,
Data Breach ,
Federal Rule 12(b)(6) ,
Incident Response Plans ,
Injury-in-Fact ,
Neiman Marcus ,
PF Chang's ,
Point of Sale Terminals ,
Retail Market ,
Retailers ,
Standing
The Sixth Circuit joined the growing trend of appellate courts holding that plaintiffs had demonstrated standing for data breach class actions in Galaria et al. v. Nationwide Mutual Insurance Company. In a recent order, the...more
10/5/2016
/ Article III ,
Class Action ,
Corporate Counsel ,
Data Breach ,
Insurance Industry ,
Nationwide Insurance Co. ,
Neiman Marcus ,
Personally Identifiable Information ,
PF Chang's ,
Popular ,
Standing
Last week, the Seventh Circuit revived a data breach class action against P.F. Chang’s restaurant in an important opinion that continues a plaintiff-friendly trend that began with the court’s opinion in the Neiman Marcus case...more
On December 17, 2015, the German Parliament passed a new act which permits consumer protection associations, industry and commerce chambers or other approved business associations to file privacy class actions. The law is...more
The Seventh Circuit reinstates the Neiman Marcus data breach class action lawsuit after finding that increased risk of future fraudulent charges and greater susceptibility to identify theft are sufficient for standing.
...more
8/3/2015
/ Article III ,
Class Action ,
Credit Monitoring ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Fraudulent Charges ,
Free Identity Theft Protection ,
Identity Theft ,
Neiman Marcus ,
Popular ,
Standing
On April 27th, the United States Supreme Court granted certiorari in Spokeo, Inc. v. Robins, to consider a question critical to the viability of data breach class actions: standing. Since the Court’s most recent standing...more