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Data Security Injury-in-Fact Article III

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

Blank Rome LLP

Lessons Learned From Eleventh Circuit’s Dismissal of Data Breach Suit Alleging Only Increased Risk of Future Harm for Lack of...

Blank Rome LLP on

In the context of data breach class action litigation, the question of whether Article III standing can be satisfied is often dispositive of the outcome of an action. However, a deep circuit split currently exists between the...more

Proskauer - New Media & Technology

Illinois Appellate Court Reinstates Biometric Privacy Action, Finding Potential Harm in Alleged Disclosure of Fingerprint to...

Late last month, an Illinois appellate court reversed a lower court’s dismissal of biometric privacy claims against a tanning salon franchisee that had collected the plaintiff’s fingerprint to allow entry in its own salon and...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

Patterson Belknap Webb & Tyler LLP

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

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

Faegre Drinker Biddle & Reath LLP

Key Legal Issues in Privacy and Data Security on Display in Sixth Circuit Data Breach Class Action Decision

A September 12, 2016 decision out of the U.S. Court of Appeals for the Sixth Circuit adds new fuel to an ongoing legal debate: when a data breach places a business’s sensitive customer information into the hands of hackers,...more

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