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Technical FACTA Violation Insufficient To Confer Standing

A federal court in Texas cut short a putative class action alleging violation of the truncation requirement under the Fair and Accurate Credit Transactions Act (FACTA), sending a clear message to plaintiffs that minor...more

Updated SEC Guidance Highlights Importance Of Solid Cybersecurity Policies And Procedures

The Securities and Exchange Commission (“SEC” or “Commission”) has given public companies a heads up on where the Commission is setting its sights in the ever-developing world of cybersecurity. Here’s what you need to know,...more

EU’s New Privacy Law—What You Need To Know

The European Union (EU) Parliament’s new data privacy law, known as the General Data Protection Regulation (GDPR), is set to become enforceable in all EU member states on May 25, 2018, just six months from now. The GDPR...more

Cybersecurity Best Practices — How General Counsel Can Prepare For The Worst

Take note GCs: The question is not if you will have to respond to a cybersecurity incident—the question is when. That was the message from speakers and panelists at the Association of Corporate Counsel’s annual meeting this...more

Latest Spokeo Decision Adds To The Growing Body Of Law Supporting Article III Standing For Cybersecurity Plaintiffs

We recently wrote about a decision in Attias v. CareFirst, Inc., holding that a class of plaintiffs whose information was compromised in a cyberattack had sufficiently demonstrated standing to survive a motion to dismiss. The...more

CareFirst Data Breach Appeal Holds Three Key Lessons For Cyberattack Litigants

A recent federal appellate decision suggests that it might be getting easier for cyberattack plaintiffs to establish standing in a manner sufficient to survive a motion to dismiss. According to the U.S. Court of Appeals for...more

Coca-Cola Dodges Privacy Class Action

Coca-Cola won big last month when it secured summary judgment in a privacy class action brought by a former bottling plant employee concerning compromised personal information. Hon. Joseph Leeson of the Eastern District of...more

Win for Insurance Industry in Computer Fraud Coverage Ruling

Computers are involved at some point in almost every business transaction—that is the reality of life in the digital age. The implications of that fact are still being worked out with respect to the interpretation of...more

Fourth Circuit To Plaintiffs: “Could” Isn’t Enough For Standing

A split continued to develop in the federal courts last month as the Fourth Circuit denied Article III standing to the plaintiffs in a data breach case whose alleged injuries were limited to the increased risk of future...more

Protect Against Cyber Attacks: A New Guide to Help Small Businesses

No business is too small to be the victim of a cyberattack. In fact, as larger companies invest more resources in cybersecurity, attackers are beginning to target smaller, less secure businesses. It is important for every...more

Commercial Trucking Goes Green for Safer Streets

A new federal mandate requires most commercial truck drivers to “go green” by trading in their old paper logs for electronic logging devices (ELDs) by December 18, 2017. Thought to affect roughly 3.5 million truck drivers,...more

FTC Overturns ALJ’s LabMD Decision and Reasserts its Role as a Data Security Enforcer

On July 29, 2016, the Federal Trade Commission (“FTC” or “Commission”) reversed an FTC administrative law judge’s (“ALJ”) opinion which had ruled against the FTC, finding that the Commission had failed to show that LabMD’s...more

Data Breach Plaintiffs Continue to Face Article III Standing Challenges

Standing remains a high hurdle for individuals whose personal information is compromised as a result of a data breach but who cannot establish that the stolen information was actually used improperly. Class action claims...more

Chinese Leftovers: P.F. Chang’s Not Entitled to $2 Million in Breach Costs

In what is thought to be the first published decision in a cyber insurance coverage case, popular Chinese restaurant chain, P.F. Chang’s, was denied coverage for certain costs incurred as a result of a 2014 data breach....more

Recent SCOTUS Decision on Standing Will Significantly Impact Data Breach Cases

Whether a plaintiff has standing to sue is a wellspring of dispute in the context of data breach cases, and in Spokeo, Inc. v. Robins, the U.S. Supreme Court recently made clear that the battle must be fought on two fronts....more

Insurance Company Must Defend Against Data Breach Class Action, 4th Cir. Says

On Monday, the Fourth Circuit held that Travelers must defend Portal Healthcare in a class action claim arising out of an alleged medical records data breach. The class action, filed in New York state court in April...more

iWon’t: Apple’s Face-Off with the DOJ

In what is quickly becoming one of the closest-watched cases in the country, Apple is now at loggerheads with the Department of Justice and FBI over its refusal to unlock the iPhone of one of the San Bernardino shooters....more

SuperValu Latest in Debate over Standing

Last month, a Minnesota federal judge tossed out extensive multidistrict legislation concerning a proposed class action of SuperValu shoppers. Shoppers from Illinois, Minnesota, and Idaho had alleged that the supermarket...more

Michaels Crafts Successful Motion to Dismiss in Data Breach Case

Plaintiffs continue to battle for standing in data breach cases, and another federal court recently added to a growing body of decisions helpful to companies who find themselves on the receiving end of a lawsuit after falling...more

Middle District of Pennsylvania Dismisses Data Breach Class Actions for Lack of Standing

Yet another federal judge has concluded that an individual whose personal information was allegedly accessed during a data breach lacks standing to sue unless and until there has been a misuse of that personal information or...more

EMV Credit Cards Are Coming, But Consumers Must Stay Vigilant

Major credit card companies, including Visa, MasterCard, Discover, and American Express, have announced plans to switch to EMV cards in the United States over the course of 2015. ...more

No Standing for Data Breach Plaintiffs in Southern District of Texas Class Action

Earlier this month, a Texas federal judge rejected a data breach plaintiff’s claim of a relaxed standard for Article III standing based on the “heightened risks” posed by potential identity theft and security fraud. ...more

Two New Laws Give DHS Increased Cybersecurity Authority

Two recently enacted laws give the Department of Homeland Security (DHS) increased authority and ability to contain cybersecurity threats and breaches. Congress passed both the Federal Information Security Modernization Act...more

Data Breach Plaintiff Given Second Chance to Certify Class Action Suit

Recently, the Pennsylvania Superior Court ruled in favor of data breach plaintiff Avrum Baum, giving him a second chance to certify a class action suit against Keystone Mercy Health Plan. Baum brought suit against the...more

The FCC Asserts its Role as Regulator of Data Security

The FCC recently signaled its intention to move aggressively into the realm of data security regulation. On October 24, 2014, the agency released a Notice of Apparent Liability for Forfeiture (NAL), ordering two...more

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