When hackers steal consumer data, injury to consumers is not a foregone conclusion. This is particularly so where credit and debit card numbers are stolen. Banks, not consumers, bear the cost of fraudulent charges. ...more
Card-issuing banks are forging ahead with their lawsuit against Target arising from the 2013 holiday shopping season data breach. Their July 1 motion for class certification has just been unsealed, allowing a glimpse at...more
8/26/2015
/ Class Action ,
Class Certification ,
Credit Cards ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Data Security ,
MasterCard ,
Personally Identifiable Information ,
Settlement Agreements ,
Target ,
Visa Inc
Home Depot has staked its defense of consumer claims arising from the 2014 theft of payment card data from the home improvement retailer on the asserted absence of injuries sufficient to confer standing to sue. Because...more
6/4/2015
/ Article III ,
Class Action ,
Corporate Counsel ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Home Depot ,
Jurisdiction ,
Popular ,
Standing ,
Target
By now (unless you have been under a snow drift), you have likely heard about the apparent intrusion into a database at the nation’s largest health insurer, Anthem, Inc. Rather than reiterate the facts as currently known...more
2/11/2015
/ Anthem Blue Cross ,
Corporate Counsel ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Health Insurance ,
Insurance Industry ,
Personally Identifiable Information ,
Popular ,
Risk Mitigation
. . . still more privacy litigation. In 2015, we are likely to see further development of the law in data breach class actions, continuing growth in statutory privacy claims, and increased risk of privacy-related claims...more
Substantive litigation in the flood of lawsuits concerning the recent Home Depot data breach awaits a determination of where the cases will be heard. Numerous overlapping lawsuits have been filed in courts throughout the...more
The latest salvo in the Target data breach litigation is a class action brought by credit card issuing banks advancing a creative and somewhat misleading construction of the Minnesota’s Plastic Card Security Act. The banks...more
In the latest chapter in the Sony PlayStation Network (“PSN”) data breach saga, a decision that issued on January 21, 2014 permanently dismissed all but a handful of the class action claims advanced in a 51 count complaint. ...more
. . . a data breach class action.
Hackers and plaintiffs’ lawyers could combine to make 2014 the year when class actions concerning theft of sensitive information proliferate. On this 11th Day of Privacy, we look...more
12/24/2013
/ Class Action ,
Credit Cards ,
Cybersecurity ,
Cybertheft ,
Data Breach ,
Data Protection ,
Data Theft ,
Financial Crimes ,
Hackers ,
Identity Theft ,
Retailers ,
Risk Management ,
Security and Privacy Controls ,
Target ,
Vendors
We’ve sounded warnings about the lowly copy machine before. The proliferation of digital devices in the workplace means that data security must extend beyond computer networks and laptops. Seemingly old fashioned equipment,...more
Damages issues continue to bedevil would-be data breach class action plaintiffs. A long and growing line of cases holds that consumers cannot maintain claims arising from theft of their personal or financial data without...more