News & Analysis as of

Data Breach Breach of Contract

Constangy, Brooks, Smith & Prophete, LLP

Standing survives, but claims fail

In Perlaki v. J.B. Poindexter & Co., Inc., a data breach class action, Magistrate Judge Andrew M. Edison of the Southern District of Texas found that the plaintiff had standing to sue under Article III of the United States...more

Clark Hill PLC

UK High Court ruling underscores cost of broker negligence and clarifies effects of “other insurance” clauses in overlapping...

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A recent ruling from the High Court of Justice (a trial level court) in London, highlights the serious consequences of professional negligence in insurance broking and clarifies how “other insurance” clauses interact with one...more

Robinson+Cole Health Law Diagnosis

Breaches Within Breaches: Contractual Obligations After a Security Incident

We often cover consumer class action complaints against companies regarding the privacy and security of personal information. However, litigation can also arise from alleged breach of contract between two companies....more

Kilpatrick

Data breach class actions – Northern District of Georgia dismisses four substantive claims, but two survive

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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

Carlton Fields

Square Peg, Round Hole: 6th Circuit Affirms Finding That Cyber Claims Are Not Covered by CGL Policies

Carlton Fields on

In Home Depot Inc. v. Steadfast Insurance Co., Home Depot learned the hard way a rule every DIY enthusiast knows: measure twice, cut once. It appears Home Depot’s measurements were off when it sized up its insurance needs,...more

Lathrop GPM

Maryland Federal Court Recertifies Class Action Against Hotel Franchisor for Claims Related to Data Breach

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A federal court in Maryland recently granted a motion for class certification by consumers who brought negligence, breach of contract, and consumer protection claims against hotel franchisor Marriott International and data...more

Davis Wright Tremaine LLP

Litigation Preparedness Following a Data Breach: Three Tips to Consider During the Incident Response Period

Data breaches come in many different forms, sizes, and levels of complexity, but they tend to share certain key facts: A third-party bad actor—whether through a phishing attack, a ransomware attack, exploitation of a zero-day...more

Hinshaw & Culbertson - Privacy, Cyber & AI...

Ohio Supreme Court Rules No Coverage For Ransomware Attack Under BOP Policy Because Computer Software Sustained No Direct Physical...

The Ohio Supreme Court waited until the last week of the year to issue what may be the most important silent coverage decision of 2022. Direct physical injury is a fundamental requirement of first-party property policies. The...more

Proskauer - New Media & Technology

Court Finds hiQ Breached LinkedIn’s Terms Prohibiting Scraping, but in Mixed Ruling, Declines to Grant Summary Judgment to Either...

On November 4, 2022, a California district court took up the parties cross-motions for summary judgment in the long-running scraping litigation involving social media site LinkedIn Corp.’s (“LinkedIn”) challenge to data...more

Genova Burns LLC

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

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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

Ervin Cohen & Jessup LLP

Ruling Breaks New Ground For CGL Policy Data Breach Coverage Hackings

A recent case from the 5th U.S. Circuit Court of Appeals breaks new ground on the question of whether a commercial general liability policy provides coverage for damages arising from a data breach caused by a third-party...more

Robinson+Cole Data Privacy + Security Insider

Presidio Employee Files Class Action Over Data Breach

North American IT company Presidio faces a proposed data breach class action by an employee for an incident involving employee data. Eric LaPrairie, a former Presidio employee, received a notice of a data breach from...more

Knobbe Martens

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

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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

Spilman Thomas & Battle, PLLC

Decoded: Technology Law Insights - Issue 10, November 2020

VIDEO: Cryptocurrency - Legitimate Uses and Potential Issues - Following the recent publication of the U.S. Attorney General's cryptocurrency enforcement framework, Spilman attorneys Corey Bonasso and Nick Mooney discuss...more

Holland & Knight LLP

Litigating the CCPA in Court

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The California Consumer Privacy Act (CCPA or Act) went into effect on Jan. 1, 2020. A first-of-its-kind law in the United States, the CCPA grants California residents expansive rights over businesses' collection, use and...more

McDermott Will & Emery

Importance of CCPA Compliance Highlighted by First Round of Private Actions

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The first wave of California Consumer Privacy Act litigation has begun to roll in, and the complaints are already raising interesting questions about the scope of CCPA’s private right of action. The actions assert a variety...more

Robinson+Cole Data Privacy + Security Insider

Fortnite Players Sue for Alleged Exposure of Payment Information for Vbucks

Players of the popular Fortnite video game have filed a proposed class action suit against the video game’s owner, Epic Games Inc. (“Epic”) alleging that Epic failed to protect players’ accounts, allowing hackers access to...more

Troutman Pepper Locke

Depository Financial Institution Liability: Tough Lessons Learned About Fraudulent Electronic Funds Transfers

Troutman Pepper Locke on

A federal district court in the Eastern District of Pennsylvania recently issued a prescient opinion upholding traditional contract principles in this fast-moving technological age of electronic financial transmissions. ...more

Robinson+Cole Data Privacy + Security Insider

Adidas Removes Putative Class Action Suit Arising Out of the Data Breach Announced Earlier this Year

On June 28, 2018, Adidas released a statement announcing that it recently “became aware that an unauthorized party claims to have acquired limited data associated with certain Adidas consumers.”...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

Fenwick & West LLP

Appellate Court Affirms Dismissal of Former Employee's Data Breach Claims

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The U.S. Court of Appeals for the Third Circuit has found that plaintiffs must show a causal connection between the theft of their personal information and the purported harm that they have suffered in order to survive a...more

Carlton Fields

No Celebration For Yahoo! Data Breach Claims Survive Motion To Dismiss

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After Yahoo! Inc. suffered three data breaches in a span of four years, plaintiffs brought a putative class action lawsuit against the internet service provider and a subsidiary (collectively, “Yahoo”), alleging defendants...more

Patterson Belknap Webb & Tyler LLP

Payment or Pillory: More Fallout from Uber’s Data Breach

With new developments regarding Uber Technologies Inc.’s 2016 data breach coming out almost daily, lawsuits against the company continue to pile-up. We previously reported that within days of Uber disclosing the data theft...more

Wilson Sonsini Goodrich & Rosati

Ashley Madison: Life Is Short. Settle.

On July 21, 2017, Judge John A. Ross of the U.S. District Court for the Eastern District of Missouri issued a preliminary approval of a settlement agreement between the owner of AshleyMadison.com and the class representing...more

King & Spalding

Eighth Circuit Affirms Dismissal Of Data Breach Lawsuit, Despite Plaintiff Having Standing

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On August 21, 2017, the U.S. Court of Appeals for the Eighth Circuit concluded, in Kuhns v. Scottrade, Inc. , No. 16-3426, 2017 WL 3584046, at *1 (8th Cir. Aug. 21, 2017), that although a data breach plaintiff had Article III...more

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