News & Analysis as of September 24, 2024

Cybersecurity › Putative Class Actions

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Follow this channel for advisories on one of the biggest threats to businesses today. Read a morning brief of fresh guidance and commentary by leading lawyers on security, privacy, risk... more +

Follow this channel for advisories on one of the biggest threats to businesses today. Read a morning brief of fresh guidance and commentary by leading lawyers on security, privacy, risk management, global regulations, data protection, leaks, hacking, cyber insurance, compliance, HIPAA, and every other aspect of cybersecurity of import to corporate readers right now. less -

AI Insights: Recent Developments That Could Impact How Companies Offer AI-Based Customer Service Chatbots

Skadden, Arps, Slate, Meagher & Flom LLP on 2/27/2024

Two recent developments highlight the challenges companies may face as they explore ways to incorporate AI-based chatbots into their customer service offerings: - A putative class action filed in California federal...more

More Privacy, Please – January 2024

Troutman Pepper on 2/13/2024

NIST Publishes Report on the Cybersecurity of Genomic Data. On December 20, 2023, the NIST National Cybersecurity Center of Excellence (NCCoE) published Final NIST IR 8432, Cybersecurity of Genomic Data. Informed by direction...more

Cybersecurity Lawsuit Against NJ Hospitals After Data Breach

Stark & Stark on 1/12/2024

Healthcare providers are responsible for guarding the health and well-being of their patients. Still, they also have an essential duty to protect the personal information they collect in the process....more

More Privacy, Please - September/October 2023

Troutman Pepper on 11/28/2023

Editor’s Note: The FTC continues to crack down on privacy and cybersecurity, including issuing a new warning to tax preparation companies and entering into a consent decree with 1Health.io. VPPA and BIPA litigation continues...more

1st Circuit confirms standing for data breach victims

Orrick, Herrington & Sutcliffe LLP on 7/17/2023

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

Court Holds All DAO Governance Token Holders Can Be Held Responsible for the Actions and Inactions of the DAO

Goodwin on 4/11/2023

A California federal court recently held that all governance token holders were responsible for any losses suffered in a security incident. Specifically, the court, in denying a motion to dismiss, ruled in part in favor of a...more

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

Kilpatrick on 10/28/2022

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

Dechert Cyber Bits - Issue 21

Dechert LLP on 9/30/2022

US Federal Appellate Court Issues Opinion on Proof of Injury in Data Breach Cases - On September 2, 2022, the U.S. Court of Appeals for the Third Circuit reinstated a class action lawsuit that had previously been dismissed...more

Potential Harm Enough For Class Action to Proceed in Data Breach Litigation

Genova Burns LLC on 9/14/2022

The Third Circuit Court of Appeals has given new life to a putative class action suit led by a former employee of a company that suffered a ransomware attack, leading to her sensitive information being released onto the Dark...more

Privacy & Cybersecurity Update - October 2021

Skadden, Arps, Slate, Meagher & Flom LLP on 11/2/2021

In this month’s edition of our Privacy & Cybersecurity Update, we examine the FTC’s changes to the Gramm-Leach-Bliley Act’s Safeguards Rule and the CFPB’s order requiring six tech companies to disclose information regarding...more

Courts Look Unfavorably on Recent Class Actions Arising Out of Ransomware Attacks

Clark Hill PLC on 6/9/2021

As more and more ransomware attacks affect companies large and small, such as the recent, well-known attacks on the Colonial Pipeline and the meat processing company JBS, industrious plaintiffs’ counsel will continue to...more

Petco Cyberattack Serves as Useful Reminder of Best Practices for Preventing Data Breach

Lowenstein Sandler LLP on 12/28/2020

A putative consumer class action filed in California state court on Friday the 18th against Petco Animal Supplies Stores Inc. (Petco) and its wholly owned subsidiary PupBox Inc. (PupBox) alleges that between February and...more

Central District of California Rejects Class Claims, Finding That Disclosure of All Data Is Not Required Under FCRA Section...

Womble Bond Dickinson on 12/3/2020

On November 18, 2020, the United States District Court for the Central District of California (the “Central District”) dismissed the First Amended Complaint of putative class representatives asserting a FCRA claim against...more

Data Breach: No Injury-in-Fact, Case Dismissed

Knobbe Martens on 11/25/2020

It well known that there are, unfortunately, many data breaches that frequently put private citizens’ data privacy in jeopardy. States have passed a variety of statutes aimed at addressing this problem in an attempt to...more

Higher Education Institutions and Nonprofit Organizations Face Potential Wave of Lawsuits Over Blackbaud Data Breach

Saul Ewing LLP on 9/23/2020

On September 21, 2020, a putative class action lawsuit was filed against the President and Fellows of Harvard College, Bank Street College of Education, and the Lower East Side Tenement Museum in connection with an alleged...more

A New CCPA Data Breach Lawsuit Is “Minted”

Mintz - Privacy & Cybersecurity Viewpoints on 6/17/2020

Online stationery and craft company Minted Inc. has been hit with a CCPA class action lawsuit, stemming from a massive data breach the company disclosed in late May. The proposed class action lawsuit, filed in a California...more

Court Enforces Arbitration Clause in Online Terms of Service Accepted by a Minor

Proskauer - New Media & Technology on 2/18/2020

Epic Games, Inc. (“Epic”) is the publisher of the popular online multiplayer videogame Fortnite, released in 2017. In recent years, Fortnight has gained worldwide popularity with gamers and esports followers (culminating in...more

Privacy & Cybersecurity Update - April 2019

Skadden, Arps, Slate, Meagher & Flom LLP on 5/1/2019

In this month's Privacy & Cybersecurity Update, we examine several recent U.K.-related cybersecurity developments and the SEC's risk alert reminding investment advisers and broker-dealers to follow through on implementing...more

United States Judicial Panel on Multidistrict Litigation – January 2019 Hearing Session Preview

Searcy Denney Scarola Barnhart & Shipley on 1/30/2019

The next hearing session of the United States Judicial Panel on Multidistrict Litigation (“JPML”) is scheduled for January 31, 2019 in Miami, Florida. Six matters are set for oral argument to consider motions to transfer each...more

Data Privacy + Cybersecurity Insider - December 2018

Robinson & Cole LLP on 12/10/2018

Darkreading.com has issued a survey entitled Monetizing the Insider: The Growing Symbiosis of Insiders and the Dark Web, which states that malicious insiders are responsible for 27 percent of all cybercrime. This statistic...more

Marriott Announces Massive Data Breach

McNees Wallace & Nurick LLC on 12/7/2018

On November 30, Marriott announced that it experienced a massive data breach affecting 500 million customers over a four-year span. By the next business day after its announcement, Marriott faced at least a dozen putative...more

Payment Card Data is Not Trade Secret Information under the DTSA

Holland & Knight LLP on 11/6/2018

In a recent case involving hackers that stole "payment card data" from Chipotle, Judge William J. Martinez in the United States District Court for the District of Colorado found on an issue of first impression that payment...more

Data Privacy + Cybersecurity Insider - September 2018 #2

Robinson & Cole LLP on 9/17/2018

We all remember Kronos—the malicious malware that was sold by Russian underground forums in 2014 for $7,000. If you bought it, you were promised updates and development of new modules. The Kronos developers recently released...more

Food and Beverage Law Update: June 2018

Holland & Knight LLP on 6/12/2018

Wage and Hour - Decision Upholds Class Action Waivers in Arbitration Clauses, Resolves Circuit Split - The U.S. Supreme Court issued a long-awaited decision in Epic Systems Corp. v. Lewis on May 21, 2018, holding that...more

The DC Circuit Opens the Door to Data Breach Plaintiffs Alleging Substantial Risk of Future ID Theft

Fenwick & West LLP on 8/14/2017

The U.S. Court of Appeals for the D.C. Circuit has held that allegations of a heightened risk of future identity theft resulting from a data breach established a concrete injury at the pleading stage....more

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Cybersecurity › Putative Class Actions

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