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Article III Personally Identifiable Information Cybersecurity

Orrick, Herrington & Sutcliffe LLP

1st Circuit confirms standing for data breach victims

On June 30, the U.S. Court of Appeals for the First Circuit overruled a district court’s dismissal of a putative class action against a home delivery pharmacy service for allegedly failing to prevent a 2021 data breach that...more

Orrick, Herrington & Sutcliffe LLP

11th Circuit orders reexamination of breach class boundaries

On July 11, a split U.S. Court of Appeals for the Eleventh Circuit partially vacated the greenlighting of two data breach class actions, holding that a district court must re-analyze the boundaries of the classes. Both the...more

Polsinelli

Current Turmoil and Future Risks in Resolving Data Breach Class Actions

Polsinelli on

Data incident lawsuits, especially class actions, have the potential to create significant business disruption, loss of marketplace credibility, civil liability or regulatory exposure. Consequently, companies that experience...more

Kilpatrick

Data breach class actions: District of Massachusetts dismisses complaint for failure to allege injury-in-fact

Kilpatrick on

Takeaway:  We have written a number of articles about standing issues arising in data breach class actions.  See, e.g., Data breach class actions: Third Circuit sets out parameters for Article III injury-in-fact (Oct. 27,...more

Robinson+Cole Data Privacy + Security Insider

Data Breach Class Action Against Radiology Companies Dismissed for Lack of Standing

Last week, New York federal judge Vincent L. Bricetti dismissed a data breach class action against Northeast Radiology PC (northeast) and Alliance HealthCare Services (Alliance) because the plaintiffs failed to allege a...more

Locke Lord LLP

Firmer Footing for Data Breach Standing, Thanks to the Second Circuit

Locke Lord LLP on

Instead of identifying traditionally “tangible” injuries, data breach plaintiffs typically point to the fact that they may be the victim of identity theft at some point in the future. Prior to late April 2021, the federal...more

Kilpatrick

Data breach class actions: Second Circuit sets out parameters for Article III injury-in-fact

Kilpatrick on

Takeaway: Since the U.S. Supreme Court addressed the issue of standing based on allegations of possible future injury in Clapper v. Amnesty International USA, 568 U.S. 398 (2013), the courts of appeals have addressed this...more

Faegre Drinker Biddle & Reath LLP

Second Circuit Addresses Critical Issue in Data Breach Class Actions: Article III Standing Based on Allegations of Future Misuse...

On April 26, 2021, the Second Circuit Court of Appeals decided the case of McMorris v. Carlos Lopez & Assocs., No. 19-4310, 2021 WL 1603808 (2d Cir. Apr. 26, 2021) and addressed one of the most critical issues in private data...more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - February 2021 #3

Robinson & Cole LLP on

CYBERSECURITY - Health and Personal Information of N.C. Residents Posted Online by Ransomware Group - Becker’s Health IT reports that two batches of sensitive information of Chatham County, N.C. residents have been posted...more

Blank Rome LLP

Data Breach Defense

Blank Rome LLP on

Today, data breaches continue to proliferate at a rapid pace, often spurring consumer class action litigation in their wake. Oftentimes, a successful data breach suit can empty a corporate defendant’s coffers. For example,...more

Kilpatrick

Data Breach Class Actions – Florida District Court Rules Threat of Future Injury Too Speculative to Support Standing

Kilpatrick on

Takeaway: Data breach cases often turn on whether the threat of future identity theft suffices to establish Article III standing. In yet another data breach case, In re Brinker Data Incident Litig., 3:18-CV-686-J-32MCR,...more

Faegre Drinker Biddle & Reath LLP

Data Privacy Exposure Hits the Public Sector: Lessons from the OPM Data Breach Class Action, Whistleblower Actions, and the GAO...

Data privacy litigation and enforcement actions continue to roil the private sector, most recently with the FTC’s announcement of a $425 million settlement with Equifax in the wake of the Equifax data breach. Less discussed...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - July 2019

In this month's edition of our Privacy & Cybersecurity Update, we examine New York's new laws expanding consumer protection for data breaches, the D.C. Circuit's two rulings deepening the split regarding standing in data...more

Patterson Belknap Webb & Tyler LLP

D.C. Circuit Breathes New Life into OPM Data Breach Litigation

The U.S. Office of Personnel Management (“OPM”) made headlines when several hacks of confidential data came to light in 2015, intrusions that compromised the personal data of over 20 million individuals. On July 21, 2019, in...more

Ballard Spahr LLP

8th Circuit Decision in SuperValu Class Action is a Reminder that Injury and Damages Aren’t the Same Thing.

Ballard Spahr LLP on

Last Friday we blogged on the Saks data breach class action, and in the process mentioned a trend among federal courts to reject fear of future identity theft claims in retail breach cases.  ...more

Blank Rome LLP

Fourth Circuit Sets Middle-of-the-Road Threshold for Establishing Article III Standing in Data Breach Class Action Litigation

Blank Rome LLP on

Today, a clear divergence of opinions exists among the federal courts of appeal as to the appropriate evidentiary threshold that must be met for establishing Article III standing, which varies significantly among the...more

Kilpatrick

Is standing overrated? Data breach defendants who lose standing battles end up winning dismissal

Kilpatrick on

Takeaway: In the wake of Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), defendants in data breach class actions regularly move to dismiss on standing grounds, arguing the complaint’s allegations do not plausibly allege an...more

Jackson Lewis P.C.

Standing In Data Breach Litigation: Will The U.S. Supreme Court Weigh In?

Jackson Lewis P.C. on

The U.S. Supreme Court may finally weigh in on the hottest issue in data breach litigation, whether a demonstration of actual harm is required to have standing to sue. Standing to sue in a data breach class action suit,...more

Shook, Hardy & Bacon L.L.P.

Privacy and Data Security Client Alert | January 2019

Going Deep on the California Consumer Privacy Act - The California Consumer Privacy Act (CCPA) has been called the beginning of America’s GDPR. As the most comprehensive privacy law in the United States, entities doing...more

Hogan Lovells

Going global: Data class actions make their way to the EU

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Class actions have become an increasingly common means to seek redress in data privacy cases. With data breaches and data privacy claims on the rise, we asked our lawyers in France and the U.S. what you should bear in mind....more

Robinson+Cole Data Privacy + Security Insider

Plaintiffs Seek Class Certification in Yahoo Data Breach Class Actions

We previously noted that in late 2016, Yahoo disclosed that it had experienced multiple data breaches relating to what turned out to be roughly three billion of its accounts. ...more

Bradley Arant Boult Cummings LLP

Defeating Class Certification in Consumer Data Breach Class Actions Begins with Understanding How They Occur

Consumer data breach class actions, for all of their popularity on dockets and especially in headlines, can make difficult cases for plaintiffs. Issues like standing and damages often keep these cases from getting off the...more

Foley & Lardner LLP

Court Rules Drivers Lack Standing to Pursue Claims Against Uber Because Data Breach Did Not Include Drivers’ Social Security...

Foley & Lardner LLP on

California companies housing their drivers’ personal information may feel less exposed to liability in light of the Northern District of California’s holding in Antman v. Uber Technologies, Inc. in May. The trial court in...more

Jackson Lewis P.C.

Fourth Circuit Weighs In On Standing In Data Breach Litigation

Jackson Lewis P.C. on

Cybersecurity incidents are on the rise, and so too is data breach litigation brought by plaintiffs who allege they were harmed by the unauthorized exposure of their personal information. Federal circuits across the United...more

Fenwick & West LLP

Appellate Court Lowers Pleading Requirements for Standing in Optometrists’ Data Breach Suit

Fenwick & West LLP on

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

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