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Webinar Recording – Assessing the Surge in Wiretap Litigation
In Shah v. Capital One Financial Corporation, the Northern District of California handed down a ruling that may shape the trajectory of litigation involving tracking technologies, online privacy policies, and California’s...more
Recent Rulings Could Signal Expansion of California Consumer Privacy Right of Action - Judges in two separate cases in the U.S. Northern District of California (“N.D. Cal.”) recently ruled that class actions brought by...more
Earlier this year, the IRS confirmed that over 400,000 taxpayers were victims of IRS contractor Charles Littlejohn’s 2019 leak of taxpayer data, which is discussed here. Littlejohn stole IRS data that included taxpayers’...more
Courts across the country are becoming skeptical of data breach and web tracking claims that assert theoretical privacy violations without alleging any actual injury to the plaintiffs. Recent decisions underscore that courts...more
In two recent rulings, judges in the U.S. Northern District of California have allowed proposed class actions under the California Consumer Privacy Act (CCPA) to proceed without an allegation of a data breach, departing from...more
California Cryobank, LLC, the largest sperm bank in the country, faces a lawsuit in the U.S. District Court for the Central District of California over an April 2024 data breach. Cryobank provides frozen donor sperm and...more
The Pennsylvania State Education Association (PSEA) faces a class action resulting from a July 2024 data breach. The proposed class consists of current and former members of the union as well as PSEA employees and their...more
We are pleased to present our final 2024 update to the New England and First Circuit Class Action Tracker, which focuses on class action filings in state and federal courts within the boundaries of the First Circuit in New...more
An insured who purchased insurance specifically for privacy injury liability was recently forced to sue its insurer after it denied coverage. The insured allegedly “installed web beacons and cookies on its platforms so that...more
Welcome to the “Data Privacy and Cybersecurity” chapter of our annual report, Consumer Financial Services: 2024 Year in Review. Consumer financial services regulators are taking a keen interest in artificial intelligence...more
Privacy litigation has taken California (and the country) by storm. In the past twenty-four months, the focus of privacy litigation has shifted from data breaches to data use, and the number of class actions filed grows by...more
In data breach litigation, courts generally find plaintiffs have standing such that their complaints may proceed past the pleading stage when it is alleged that sensitive information was impacted and there is an allegation of...more
What’s going on with Michigan’s consumer protection statute? How does the Michigan Attorney General’s Office operate? And what are its enforcement priorities?...more
Last week, two separate class actions were filed in the federal district court for the Southern District of Texas against DISA Global Solutions (DISA), a third-party employment screening services provider, related to an April...more
In InvestorCOM Inc. v. L’Anton, 2025 BCCA 40, the BC Court of Appeal upheld the chambers judge’s decision not to strike the plaintiff’s claim because of a parallel action in Ontario that also sought certification as a...more
Some data breach class actions settle quickly, with one of two settlement structures: (1) a “claims made” structure, in which the total amount paid to class members who submit valid claims is not capped, and attorneys’ fees...more
Takeaway: Former FBI Director Robert Mueller once famously said, “There are only two types of companies: those that have been hacked and those that will be.” These days cyberattacks seem to happen all the time. And when a...more
Last week, a class action was filed against NewsBank, Inc., a Florida-based news database company, related to a 2024 breach of employee personal information. NewsBank provides a database of archived news publications...more
On Jan. 24, the Illinois Supreme Court, in Petta v. Christie Business Holdings Company, PC, affirmed the dismissal of a putative class action following an alleged data breach because the named plaintiff failed to allege any...more
MGM Resorts agreed to pay $45 million to settle over a dozen class action lawsuits concerning 2019 and 2023 data breaches. A federal court in Nevada preliminarily approved the settlement, which, according to lawyers, covers...more
On January 24, 2025, the Illinois Supreme Court ruled in Petta v. Christie Business Holding Co., P.C., 2025 IL 130337, that a patient who alleged an increased risk of harm arising from a data breach at a medical clinic did...more
DOJ Final Rule: New US Restrictions on Nearly All Foreign Access to Personal Data - The National Security Division of the United States Department of Justice has issued a sweeping final rule that would prevent access to...more
How should multiple claimants seek compensation for alleged data misuse? It had originally been thought that the answer might be a representative action; an “opt-out” procedure enabling a single claimant to bring proceedings...more
This past July, the City of Columbus, Ohio experienced a significant data breach. Hackers were able to breach Columbus’ network and gained access to private information of city employees and residents. Initially, the City...more
2024 was a year chock-full of data breaches and privacy violations. Many new data privacy and cybersecurity regulations were introduced (and became effective), and regulators sent a strong message to businesses that privacy...more