The U.S. Court of Appeals for the Third Circuit added its voice to the chorus of circuit courts of appeal that have held that alleged procedural violations of the Fair and Accurate Credit Transactions Act (FACTA), such as the...more
3/14/2019
/ Appeals ,
Article III ,
Debit and Credit Card Transactions ,
Dismissals ,
FACTA ,
Identity Theft ,
Injury-in-Fact ,
J Crew ,
Privacy Concerns ,
Retailers ,
Standing ,
Statutory Violations
The Pennsylvania Supreme Court recently held that employers have “a legal duty to safeguard” the personal data of their employees which is stored on internet-accessible computer systems and that the economic loss doctrine...more
12/20/2018
/ Breach of Duty ,
Breach of Implied Contract ,
Class Action ,
Corporate Counsel ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Data Storage ,
Duty to Protect ,
Economic Damages ,
Economic Loss Doctrine ,
Employer Liability Issues ,
Hackers ,
Identity Theft ,
Negligence ,
PA Supreme Court ,
Personal Data ,
Personally Identifiable Information ,
Popular ,
Reasonable Care ,
Remand ,
Reversal
The U.S. Court of Appeals for the Fourth Circuit has found that allegations that fraudsters used the personal information of data breach victims are sufficient to establish standing even without any fraudulent charges...more
6/27/2018
/ Appeals ,
Article III ,
Class Action ,
Cybersecurity ,
Data Breach ,
Debit and Credit Card Transactions ,
Fraudulent Charges ,
Identity Theft ,
Injury-in-Fact ,
Negligence ,
Personally Identifiable Information ,
Pleading Standards ,
Popular ,
Remand ,
Standing ,
Subject Matter Jurisdiction ,
Vacated
The U.S. Court of Appeals for the Ninth Circuit has found that allegations of a future risk of identity theft resulting from a data breach are sufficient to establish standing....more
3/12/2018
/ Article III ,
Consumer Fraud ,
Corporate Counsel ,
Customer Information ,
Cyber Attacks ,
Data Breach ,
Hackers ,
Identity Theft ,
Injury-in-Fact ,
Internet Retailers ,
Motion to Dismiss ,
Personally Identifiable Information ,
Putative Class Actions ,
Retail Market ,
Standing ,
Zappos
The U.S. Court of Appeals for the Ninth Circuit joined a growing number of circuit courts of appeal to hold that alleged procedural violations of the Fair and Accurate Credit Transactions Act, such as the inclusion of a...more
The U.S. Court of Appeals for the Eighth Circuit held that allegations of a future risk of identity theft resulting from a data breach are not sufficient to establish standing. The August 30 ruling in In re SuperValu Customer...more
This week, the U.S. Court of Appeals for the Second Circuit issued an important decision in Whalen v. Michaels Stores, placing the court at the center of the controversy around what allegations are sufficient to establish...more
5/9/2017
/ Article III ,
Corporate Counsel ,
Credit Cards ,
Data Breach ,
Fraudulent Charges ,
Hackers ,
Identity Theft ,
Malware ,
Michaels ,
Personally Identifiable Information ,
Pleading Standards ,
Popular ,
Putative Class Actions ,
Retail Market ,
Standing
The U.S. Court of Appeals for the Fourth Circuit has made it more difficult to establish Article III standing in data breach cases both at the pleading stage and at summary judgment by requiring plaintiffs to allege and show...more
2/23/2017
/ Actual Injuries ,
Article III ,
Corporate Counsel ,
Data Breach ,
Future Harm ,
Identity Theft ,
Medical Records ,
Personally Identifiable Information ,
Pleadings ,
Privacy Act of 1974 ,
Split of Authority ,
Standing ,
Summary Judgment ,
Young Lawyers
Last week, a three-judge panel of the 7th U.S. Circuit Court of Appeals held in Remijas v. Neiman Marcus Group LLC that individuals whose debit and credit card numbers were stolen by cyberthieves who had hacked into Neiman...more
8/3/2015
/ Article III ,
Clapper v. Amnesty International ,
Class Action ,
Credit Monitoring ,
Cyber Attacks ,
Data Breach ,
FISA ,
FISA Amendments Act ,
Fraudulent Charges ,
Free Identity Theft Protection ,
Identity Theft ,
Neiman Marcus ,
Standing