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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
As part of a growing trend, the Eleventh Circuit recently held that an alleged risk of future identity theft does not establish standing where the plaintiff does not allege any information has actually been misused. Tsao v....more
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
Last week, in Tsao v. Captiva MVP Restaurant Partners, LLC (Captiva), the U.S. Court of Appeals for the 11th Circuit held that data breach claims arising from increased risk of future identity theft and potential mitigation...more
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
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
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
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
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
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
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
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
Over the past few years, there has been a surge in class actions challenging companies’ privacy and data security practices. But, while the number of class actions continues to grow, the suits face several significant...more
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
In the latest decision concerning standing in data breach cases, the Fourth Circuit has vacated a district court’s dismissal and reinstated putative class action data breach litigation against the National Board of Examiners...more
Data breaches have become commonplace. Despite the best efforts of many, identity thieves and hackers always seem to find a new vulnerability somewhere in the system of virtually every company that conducts business online....more
The U.S. Court of Appeals for the Seventh Circuit has reinstated a data breach class action filed against Barnes & Noble (B&N). The litigation, styled as Dieffenbach v. Barnes & Noble, Inc., now heads back to the U.S....more
Is the risk of future harm enough to satisfy Article III standing in a data breach suit? That’s the question courts of appeals around the country are wrestling with now – and reaching opposing results. ...more
Every data breach class action in federal court must confront a threshold question: has the plaintiff alleged a sufficient “injury in fact” to establish Article III standing? The inquiry frequently focuses on whether a...more
On March 8, a Ninth Circuit panel held that fear of identity theft in the wake of a data breach satisfies the standing requirements of Article III of the United States Constitution....more
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
A circuit split on whether actual misuse of personal data is required to have standing to assert data breach claims remains unresolved. Last week the Supreme Court rejected a petition to review that issue in CareFirst v....more
Earlier this week, the Supreme Court of the United States denied certiorari in CareFirst v. Attias, a closely watched case that some thought provided the Court with an opportunity to clarify the standing analysis under Spokeo...more
Counsel hoping for Supreme Court guidance on standing issues dividing the circuit courts will have to wait a bit longer. On February 20, the Court denied a petition for writ of certiorari in Attias v. CareFirst to resolve a...more
Allscripts Healthcare Solutions Inc. notified its electronic medical record customers last week that a ransomware attack was behind the disruption of service for medical providers. ...more