News & Analysis as of

Data Protection Class Certification

BCLP

Funding Representative Actions: The Strategic Decision between CPR 19.8 and Collective Actions in the CAT

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The English High Court offers limited routes to bring “opt-out” group claims but, in recent years, funded claimants have attempted to bring representative actions under CPR 19.8 at a notable rate. The rule has been available,...more

Proskauer on Privacy

Bidding Farewell, For Now: Google’s Ad Auction Class Certification Victory

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A federal judge in the Northern District of California delivered a blow to a potential class action lawsuit against Google over its ad auction practices. The lawsuit, which allegedly involved tens of millions of Google...more

Carr Maloney P.C.

American Bar Association Moves to Dismiss Class Action Complaint Amid Rising Tide of Data Breach Litigation

Carr Maloney P.C. on

The number of data breaches in the United States has increased significantly in the past ten years.  According to an IBM study, more than 4 out of 5 companies have experienced a data breach at least once. These data breaches...more

Polsinelli

On the Brink(er): In Appeal of Closely-Watched Data Breach Class Certification, Eleventh Circuit Vacates in Part and Remands for...

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The Eleventh Circuit’s recent ruling in In re Brinker Data Incident Litigation (“Brinker”) is the first time that a federal circuit court has ruled on a lower court’s grant of class certification in a data breach class action...more

BakerHostetler

[Podcast] 2022 DSIR Report Deeper Dive: Class Action Jurisprudence

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The Data Security Incident Response Report features insights and metrics from 1,270+ incidents that members of the firm’s DADM Practice Group helped clients manage in 2021. This episode takes us deeper into class...more

Blake, Cassels & Graydon LLP

Proposed Privacy Class Action “Collapses in its Entirety” on Commonality

On May 7, 2019, in Kaplan v. Casino Rama Services Inc. (Kaplan), the Ontario Superior Court of Justice refused to certify a privacy class action arising out of a criminal cyberattack that included allegations of breach of...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - March 2019

In this month's edition of our Privacy & Cybersecurity Update, we examine new cybersecurity legislation in California and Massachusetts, the British government's updates to its cybersecurity laws in anticipation of Brexit and...more

Balch & Bingham LLP

Class Certification Denied for Data Breach Claim Brought by Bank Against Retailer

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Last week, the U.S. District Court for the Middle District of Alabama denied Southern Independent Bank’s (“Southern Independent’s”) motion for class certification following a data breach which allegedly affected over 2,000...more

BakerHostetler

Courts Remain Skeptical of Certifying Data Privacy Class Actions

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In this era where there appears to be a new data security incident announced each month, there is surprisingly little class certification jurisprudence for data security class actions. ...more

BakerHostetler

The Weekly Privacy Rewind

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Class Actions - Hotel Investment and Management Firm Aimbridge Hospitality LLC Removes Putative Class Action to Federal Court - Hospitality company Aimbridge Hospitality LLC (Aimbridge) removed a putative class action lawsuit...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

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - August 2017

Ninth Circuit Finds in Spokeo Remand That Certain Statutory Violations Can Satisfy Article III’s Standing Requirement - In a highly anticipated decision, the Ninth Circuit ruled that violations of the Fair Credit Reporting...more

BakerHostetler

2016 Class Action Year-End Review

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We are pleased to share BakerHostetler’s 2016 Class Action Year-End Review, which offers a summary of key developments in class action litigation during the past year. Class action litigation moved to the forefront of the...more

Benesch

Eighth Circuit Vacates Data Breach Class Action Settlement; Gently Rebukes Trial Court

Benesch on

Target Corporation announced a data breach in 2013, which occurred, as it noted in an SEC filing, when “an intruder stole certain payment card and other guest information from [its] network.” Estimates as to the number of...more

Ballard Spahr LLP

Eighth Circuit Remands Proposed Settlement in Target Data Breach Class Action

Ballard Spahr LLP on

The Eighth Circuit Court of Appeals has remanded a $10 million settlement in the Target data breach class action on the grounds that the district court had not rigorously analyzed the propriety of the class certification. ...more

King & Spalding

Class In Session: Minnesota Federal Court Certifies Class In Target Corporation Data Breach Suit

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On September 15, 2015, a federal district court in Minnesota granted a motion for class certification of hundreds of credit unions and banks in an action against Target Corporation for damages stemming from the breach of...more

Zelle  LLP

That is SO last week - September 2015 #3

Zelle LLP on

Last week, The New York Times reported that men “feel entitled to take time off for family” too. The subject of the article was Josh Levs, a former CNN reporter who wanted more time off when his third child was born...more

Bilzin Sumberg

Legal Precedent May Come From Ashley Madison Breach

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The Ashley Madison saga has captured the attention of the public and legal profession like few prior data security breaches. The reasons are obvious: A website devoted to promoting infidelity is called out for “fraud, deceit,...more

Mintz - Privacy & Cybersecurity Viewpoints

Banks’ Class Certification Motion Trumpets Target Data Security Failings, Ignores Impact of Card Association Settlements

Card-issuing banks are forging ahead with their lawsuit against Target arising from the 2013 holiday shopping season data breach. Their July 1 motion for class certification has just been unsealed, allowing a glimpse at...more

BakerHostetler

BakerHostetler 2014 Year-End Review of Class Actions (and what to expect in 2015)

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We are pleased to share with you the BakerHostetler 2014 Year-End Review of Class Actions, which offers a summary of some of the key developments in class action litigation during the past year. Class action litigation...more

Carlton Fields

Data Breach Class Action Not Barred by Lack of Individual Injury in West Virginia

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In a potentially groundbreaking decision, the Supreme Court of Appeals of West Virginia reversed a trial court’s order denying class certification in a data breach class action. The case, Tabata v. Charleston Area Medical...more

Katten Muchin Rosenman LLP

Corporate and Financial Weekly Digest - Volume IX, Issue 13

In this issue: - SEC Roundtable Discusses Cybersecurity Threats and Protections Against Cyberattacks - Proposed Changes to FINRA Classification of Hybrid Securities for Trade Reporting Purposes - FINRA...more

BakerHostetler

Class Action – Damages and Class Treatment – 2013 Year in Review

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In 2013, theories of injury and damages revealed themselves to be deciding factors at the class certification stage of litigation and whether plaintiffs are able to prove damages on a class-wide basis. Even in those cases...more

BakerHostetler

Hannaford vs. comScore—Up and Down Results for Privacy Class Action Defendants

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Sighs of relief by class actions defendants following the denial of class certification in Hannaford may give way to renewed uncertainty now that a massive class, estimated by the plaintiffs' lawyer to be more than a million...more

BakerHostetler

Hannaford vs. comScore – Up and Down Results for Privacy Class Action Defendants

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Sighs of relief by class actions defendants following the denial of class certification in Hannaford may give way to renewed uncertainty now that a massive class, estimated by the plaintiffs’ lawyer to be more than a million...more

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