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Data Security › Identity Theft › Article III

Hinshaw & Culbertson - Consumer Crossroads

Navigating Standing Considerations in Data Breach Class Actions

Hinshaw & Culbertson - Consumer Crossroads on

The growing prevalence of data breaches has led to an uptick in class action litigation based on consumers' personal information allegedly being accessed. A common theme emerging in these lawsuits is plaintiffs claiming that...more

King & Spalding

Second Circuit Finds Risk of Future Identity Theft Insufficient to Confer Article III Standing in a Data Security Class Action

King & Spalding on

On April 26, 2021, the Second Circuit considered—for the first time in a published decision—the question of Article III standing in the context of a data security case. In McMorris v. Carlos Lopez & Associates LLC, the court...more

ArentFox Schiff

Privacy Update: Corporate Boards - Don’t Underestimate Your Role in Data Security Oversight

ArentFox Schiff on

The Federal Trade Commission (FTC) continues to put emphasis on the importance of corporate board involvement in privacy and data security. Corporate Boards: Don’t Underestimate Your Role in Data Security Oversight - The...more

Bradley Arant Boult Cummings LLP

Defeating Class Certification in Consumer Data Breach Class Actions Begins with Understanding How They Occur

Bradley Arant Boult Cummings LLP on

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

Patterson Belknap Webb & Tyler LLP

Cyber Briefing: Second “Envelope” Lawsuit Against Aetna, Yahoo to Answer for 1.5 Billion Hacked Accounts and Eighth Circuit...

Patterson Belknap Webb & Tyler LLP on

As we head into the new week, here’s a quick summary of major data security developments from around the country. Aetna Hit With Second “Envelope” Lawsuit - Aetna Inc. is now facing a second lawsuit over the disclosure...more

Patterson Belknap Webb & Tyler LLP

Post-Spokeo Standing: An Evolving Landscape

Patterson Belknap Webb & Tyler LLP on

Several recent federal court decisions have shed additional light on the still-unsettled question of when a plaintiff has Article III standing to sue based on a data breach or other data security or privacy event. These...more

Robinson+Cole Data Privacy + Security Insider

Seventh Circuit overturns Neiman Marcus data breach class action dismissal

Robinson+Cole Data Privacy + Security Insider on

In an unusual turn for recent data breach class action cases, the Seventh Circuit this week found that a likely threat of identity theft is sufficient for a proposed class to have standing to sue Nieman Marcus for a...more

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