News & Analysis as of

Data Security Corporate Counsel Class Action

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

Wyrick Robbins Yates & Ponton LLP

My Health, My Data, My Class Action Lawsuit: Why the Washington My Health My Data Act Deserves EVERY Company’s Attention

To say there’s been a lot of new privacy law in the last decade is an understatement. For those of us who think we’ve “seen it all,” many of these new laws arrive and elicit a sense of challenge (for the optimists) or mild...more

Seyfarth Shaw LLP

Privacy Law Trends to Watch: Wiretapping Class Actions Focused on Session Replay

Seyfarth Shaw LLP on

Seyfarth Synopsis: In 2022, the Third Circuit Court of Appeals revived a class action lawsuit asserting violations of the Pennsylvania Wiretapping and Electronic Surveillance Control Act (“WESCA”). The lawsuit alleged that an...more

Kilpatrick

Data breach class actions: SDNY finds standing based on sketchy injury-in-fact allegations

Kilpatrick on

Takeaway: Ever since the U.S. Supreme Court ruled in Clapper v. Amnesty Int’l USA, 568 U.S. 398, 416 (2013), that plaintiffs “cannot manufacture standing merely by inflicting harm on themselves based on . . . hypothetical...more

Pierce Atwood LLP

District of Massachusetts Dismisses Data Breach Class Action for Lack of Injury

Pierce Atwood LLP on

On October 18, 2022, in Webb v. Injured Workers Pharmacy, LLC, the District of Massachusetts dismissed a class action complaint brought by former pharmacy patients alleging that their sensitive personal information had been...more

Blake, Cassels & Graydon LLP

Privacy Class Actions in Canada: Recent Trends

Privacy class actions are common in Canada. They can involve allegations under federal and provincial legislation, common law torts and Quebec civil law, following data breaches or other alleged breaches of privacy laws....more

Smith Anderson

Marriott Investor’s Security Fraud Claims Arising from Data Breach Rejected by Fourth Circuit

Smith Anderson on

The Fourth Circuit dismissed an investor’s lawsuit against a hotel chain that had been subject to a data breach, ruling that the company had not made false or misleading public statements about its protection of customer...more

Alston & Bird

Class Action & MDL Roundup – Fall 2021

Alston & Bird on

In the fall edition of the Class Action & MDL Roundup, covering notable class actions from the third quarter of 2021, a marriage nearly tears apart a certified class, insurers are vaccinated against more COVID-19 suits, and...more

Kilpatrick

Data Breach Class Actions – Eleventh Circuit Finds Allegations of “Increased Risk” of Harm Insufficient to Confer Standing

Kilpatrick on

Takeaway: In Tsao v. Captiva MVP Restaurant Partners, LLC, 986 F.3d 1332, 1339 (11th Cir. 2021), the Eleventh Circuit held that evidence of a “mere data breach” is not sufficient to establish standing where the hackers...more

Locke Lord LLP

A Big Win for Walmart Helps Further Define the Scope of Data Breach Class Actions: ‎Gardiner v. Walmart, Inc.‎

Locke Lord LLP on

Litigants have been looking forward to guidance regarding the limits of data breach claims since the California Consumer Privacy Act (“CCPA”) took effect on January 1, 2020. Now some of the questions are starting to be...more

Carlton Fields

COVID-19 Class Actions Update

Carlton Fields on

In the early days of the COVID-19 pandemic, dozens of class action lawsuits were filed across a variety of industries in the United States – with theories of liability ranging from hand sanitizer false-labeling allegations,...more

Morgan Lewis

The Evolving Landscape of Covid-19-related Class Action Lawsuits

Morgan Lewis on

The coronavirus (COVID-19) pandemic has caused upheaval in the global economy. This massive disruption has led to a wave of class action lawsuits relating, directly or indirectly, to COVID-19. This White Paper reviews the...more

Alston & Bird

A CCPA Private Right of Action on the Horizon: Class Action Complaints Test Whether Plaintiffs Can Sue for Any Violation of the...

Alston & Bird on

Plaintiffs’ counsel have started to lay the groundwork for a broad private right of action under the California Consumer Privacy Act (CCPA). The first part of this article provides an overview of how the CCPA addresses...more

BakerHostetler

CCPA Class Actions: Can They Include a Blast From the Past?

BakerHostetler on

Our Digital Assets and Data Management teams have been tracking all aspects of the CCPA, so when Fuentes v. Sunshine Behavioral Health Group, LLC (Case No. 8:20-cv-00487, Central District of California) was filed on March 10,...more

Fisher Phillips

The First Wave of CCPA Class Action Litigation

Fisher Phillips on

California’s all-inclusive privacy law, the California Consumer Privacy Act (CCPA), which took effect on January 1, 2020, has already been cited in numerous lawsuits. Over this next year, employers are likely to see lawsuits...more

A&O Shearman

Data protection representative “class” action gets the go ahead

A&O Shearman on

Did you have an iPhone in 2011/2012? I still had a BlackBerry. If I had had an iPhone, I would have been a member of the class of more than four million users on whose behalf Mr Lloyd makes this claim. It is alleged that...more

Eversheds Sutherland (US) LLP

Passing the eye test - Defense strategies and the Biometric Information Privacy Act

As the use of biometric data continues to grow and become more prevalent across industries of all types and sizes, complying with data security and privacy laws has never been more critical or challenging. This is...more

Sheppard Mullin Richter & Hampton LLP

HIPAA Breach Results in a $4,500,000 Class Action Settlement

Community Health System, one of the largest health systems in the United States, has agreed to pay $4,500,000 to settle claims made against it arising from a 2014 data breach. The data breach, believed to be caused by malware...more

Sheppard Mullin Richter & Hampton LLP

Court Finds Cybersecurity-Related Claims Sufficient in Securities Class Action

In the aftermath of Equifax’s data breach, a federal court recently found that allegations of poor cybersecurity coupled with misleading statements supported a proper cause of action. In its decision, the U.S. District Court...more

Fenwick & West LLP

Pennsylvania High Court’s Dittman Ruling Makes It Harder To Dismiss Data Breach Actions

Fenwick & West LLP on

The Pennsylvania Supreme Court recently held that employers have “a legal duty to safeguard” the personal data of their employees which is stored on internet-accessible computer systems and that the economic loss doctrine...more

Proskauer - New Media & Technology

Illinois Biometric Privacy Suit over Employee Fingerprinting Remanded for Lack of Standing

An Illinois district court remanded to state court for lack of standing a biometric privacy suit brought by employees over the collection and storage of individuals’ fingerprints allegedly in violation of the Illinois...more

Proskauer - New Media & Technology

Illinois Biometric Privacy Suit Survives Dismissal Based on Harm from Alleged Disclosure of Data to Outside Vendor

Last December, an Illinois appellate court, in the Rosenbach v. Six Flags decision (2017 IL App (2d) 170317 (Dec. 21, 2017)), dismissed biometric privacy claims lodged against theme park operators for collecting fingerprints...more

Patterson Belknap Webb & Tyler LLP

The Next Big Thing: Data Breach Securities Class Action Litigation

Shareholders may have found a new hook for data security lawsuits. Over the past year, plaintiffs have filed nine federal class action securities fraud lawsuits against public companies after data security incidents,...more

Locke Lord LLP

Illinois’s Biometric Information Privacy Act Spurs Similar Legislation Around the Country.

Locke Lord LLP on

Dozens of employers have been caught off guard by the rash of class-action lawsuits recently filed in Illinois alleging violations of Illinois’s Biometric Information Privacy Act (BIPA). But while Illinois was the first, it...more

Alston & Bird

Class Action Roundup: Summer 2017

Alston & Bird on

Welcome to our second Roundup of 2017, where we feature the cases litigated and settlements finalized during the second calendar quarter of the year. It was a very active quarter in almost all of the categories we monitor,...more

29 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide