Experienced practitioners are anecdotally aware of the growth in recent years in the volume of health care qui tam litigation. That perceived trend is validated quite graphically in the most recent Department of Justice...more
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
In a decision almost a year in the making, the Third Circuit’s recent opinion in In re Google Inc. Cookie Placement Privacy Litig. (3d Cir. Nov. 10, 2015), (“Google”), reversed a trial court order dismissing a lawsuit...more
Trends & Analysis:
..We have identified 15 health care–related qui tam cases that were unsealed since our last Qui Tam Update. Of those, 12 were filed from 2012 to the present. All but two cases had been pending more...more
10/9/2015
/ Anti-Retaliation Provisions ,
Corporate Integrity Agreement ,
Declination ,
Department of Justice (DOJ) ,
Employees ,
False Claims Act (FCA) ,
Former Employee ,
Healthcare ,
Healthcare Fraud ,
Kickbacks ,
Medicaid ,
Medicare ,
OIG ,
Overpayment ,
Qui Tam ,
Relators ,
Settlement ,
Social Security Act ,
Stark Law ,
State False Claims Acts ,
Whistleblowers
As reported on Friday in the Krebs on Security blog, online broker Scottrade had sent an e-mail to customers earlier that day stating that it recently had learned from law enforcement officials that Scottrade was one of a...more
10/8/2015
/ Class Action ,
Credit Monitoring ,
Cyber Crimes ,
Cybertheft ,
Data Breach ,
Data Privacy ,
Data Security ,
Financial Institutions ,
Government Investigations ,
Law Enforcement ,
Personal Data ,
Scottrade ,
Standard of Care
Trends & Analysis -
Since our last Qui Tam Update, we have identified 39 health-related False Claims Act (“FCA”) qui tam cases that have been unsealed. Of those cases...more
9/22/2015
/ ACOs ,
Anti-Kickback Statute ,
Controlled Substances ,
False Billing ,
False Claims Act (FCA) ,
Falsified Documents ,
Former Employee ,
Health Care Providers ,
Healthcare ,
Healthcare Fraud ,
Internal Controls ,
Medicaid ,
Medicare ,
Medicare Shared Savings Program ,
Physicians ,
Prescription Drugs ,
Qui Tam ,
Relators ,
Retaliation ,
Settlement ,
State False Claims Acts ,
Stipulations ,
Third-Party Service Provider ,
TRICARE ,
Whistleblowers ,
Wrongful Termination
This Is The End? -
Settlement appears imminent in an employee class action against Sony Pictures Entertainment (“SPE”) arising from disclosure of their personally identifiable information (“PII”) in a massive data breach...more
9/8/2015
/ Class Action ,
Class Certification ,
Credit Monitoring ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Security ,
Employee Privacy Rights ,
Free Identity Theft Protection ,
Hackers ,
Identity Theft ,
Personally Identifiable Information ,
Settlement ,
Sony ,
Stipulations
Sorry, we couldn’t resist mixing our baseball metaphors. In Bais Yaakov of Spring Valley v. ACT, Inc., the First Circuit affirmed a district court decision refusing to dismiss a putative class action as moot based on an...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
Target has announced that it has entered into a settlement with Visa to resolve claims of issuers of Visa credit and debit cards arising from Target’s November 2013 data breach. The proposed settlement will pay issuers of...more
A Seventh Circuit panel recently overruled its own precedent to hold that a defendant’s offer of full compensation in an offer of judgment under Federal Rule of Civil Procedure 68 does not moot the litigation. While the...more
Neiman Marcus Petition Claims that Seventh Circuit Decision Invents Harm to Find Standing to Bring Data Breach Claims -
Retailer Neiman Marcus has filed a petition seeking en banc review by the entire Seventh Circuit of...more
Seventh Circuit Rules Consumers Have Standing to Sue in Neiman Marcus Payment Card Data Breach Case -
In Remijas v. Neiman Marcus Group, LLC, the Seventh Circuit reversed a district court decision dismissing consumer...more
7/22/2015
/ Appeals ,
Article III ,
Clapper v. Amnesty International ,
Class Action ,
Data Breach ,
Debit and Credit Card Transactions ,
Imminent Harm ,
Neiman Marcus ,
Retailers ,
Spokeo v Robins ,
Standing
Trends & Analysis -
..We have identified 36 health care–related qui tam cases that have been unsealed since the cases covered in our last Qui Tam Update. Of these cases, eight were filed within the last year. A number...more
In its recently-filed motion to dismiss claims of card-issuing banks arising from the September 2014 theft of payment card data from Home Depot point of sale terminals, Home Depot employs an approach typically used to respond...more
Trends & Analysis:
..We have identified 33 health care–related qui tam cases that have been unsealed in whole or in part since the cases covered in our last Qui Tam Update. In addition, we have also identified one case...more
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
Target’s attempt to resolve claims of MasterCard-issuing banks through a $19 million private settlement with MasterCard has been terminated for failure of issuers of 90% of the affected cards to accept the settlement by the...more
Trends & Analysis -
..We have identified 67 health care–related qui tam cases that have been unsealed since the cases covered in our last Qui Tam Update. Of those cases, 29 were filed before January 1, 2014, with seven...more
Senior U.S. District Court Judge Paul Magnuson issued an order on Thursday, May 7 denying a request by counsel for card issuer banks to enjoin the settlement of data breach related claims negotiated between Target and...more
In the wake of Target’s April 15 announcement of a private $19 million settlement of the data breach claims of MasterCard-issuing banks, counsel representing the putative card issuer class in the consolidated Target data...more
Target confirmed a report in the Wednesday edition of The Wall Street Journal of a settlement with MasterCard concerning claims of card-issuers arising from Target’s 2013 data breach. The data breach, which occurred during...more
According to a report published today in The Wall Street Journal, Target and MasterCard are close to reaching a settlement of the claims of MasterCard-issuing institutions in connection with Target’s 2013 data breach. The...more
On March 18, 2015 – just three months after denial of a motion to dismiss consumer claims arising from Target’s 2013 data breach – Target and the consumer class filed papers seeking approval of a settlement. The proposed...more
Trends & Analysis -
..We have identified 19 health care–related qui tam cases unsealed in November and December 2014. Of those cases, 17 were filed from 2012 to the present. The remaining two cases were filed in April...more
3/18/2015