Data breaches come in many different forms, sizes, and levels of complexity, but they tend to share certain key facts: A third-party bad actor—whether through a phishing attack, a ransomware attack, exploitation of a zero-day...more
10/26/2023
/ Bad Actors ,
Breach of Contract ,
Class Action ,
Corporate Counsel ,
Data Breach ,
Data Security ,
Department of Health and Human Services (HHS) ,
Federal Rules of Civil Procedure ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Incident Response Plans ,
Litigation Strategies ,
Negligence ,
Personal Information ,
PHI ,
Phishing Scams ,
Popular ,
Ransomware ,
Unfair or Deceptive Trade Practices
A recent magistrate decision from the Middle District of Pennsylvania adds to the growing body of cases limiting discovery protection for forensic reports and other materials prepared in response to a data security incident....more
The U.S. Supreme Court's opinion in TransUnion LLC v. Ramirez, No. 20-297, 594 U.S. __, 2021 WL 2599472 (June 25, 2021), includes powerful language for defendants to use in seeking an early dismissal of consumer class actions...more
7/6/2021
/ Article III ,
Class Action ,
Class Members ,
Credit Reporting Agencies ,
Credit Reports ,
Fair Credit Reporting Act (FCRA) ,
Injury-in-Fact ,
SCOTUS ,
Standing ,
TransUnion ,
TransUnion LLC v Ramirez
Last week, the U.S. Supreme Court heard oral argument on whether and to what extent class members' injuries and standing are relevant to class certification in TransUnion v. Ramirez. The complaint in the district court...more
For those of us waiting to see how the CCPA's statutory damage provision would impact the value of data breach class actions, the wait continues. Three of the first consumer class actions alleging CCPA violations for a...more
Google has recently been named in three lawsuits that challenge how it collects users' personal information and whether users can opt out of the collection. Each of these cases raises important issues relating to notice and...more