This lawsuit involves breach of a confidential settlement agreement. In motion briefing, both sides relied on and filed the subject agreement. Both sides also filed (unopposed) motions to seal it. These two Orders from...more
A Pennsylvania federal court recently granted a retailer’s motion to dismiss claims that its use of “spy pixels” in its commercial e-mail constitutes illegal wiretapping. In Hartley v. Urban Outfitters, Inc., No....more
One of the main risks that a company faces after a data breach is a potential lawsuit. Plaintiffs often will allege creative statutory and common law theories of harm after they learn that their personal information has been...more
The United States Court of Appeals for the Third Circuit reversed an Eastern District court ruling striking down a Pennsylvania Rule of Professional Conduct prohibiting knowing harassment and discrimination in the practice of...more
In the complex and rapidly evolving landscape of data breach litigation, the First Circuit’s recent case of Webb v. Injured Workers Pharmacy, LLC stands as a significant milestone, and it offers a wealth of insights for...more
On January 18, 2022, the Connecticut Court of Appeals affirmed a lower court’s opinion which struck claims of negligence, premises liability and recklessness predicated on increased risk of future harm from asbestos exposure....more
The United States Court of Appeals for the Third Circuit recently held that a plaintiff had standing to sue her former employer for a data breach that exposed her personal information to the “Dark Web” because she...more
The Supreme Court on Monday signaled to the lower courts that they need to seriously consider the impact of TransUnion LLC v. Ramirez, 594 U.S. ___ (2021) when addressing claims for statutory violations that do not result in...more
On September 1, 2021, the South Carolina Court of Appeals affirmed the circuit court’s decision in the matter of Jolly v. General Electric, et al. in which it had (1) denied defendants’ motion for a JNOV, (2) granted a new...more
The Office of the Privacy Commissioner for Bermuda has issued a helpful guide on the various types of harm that could be caused by a data breach...more
In McMorris v. Carlos Lopez & Associates, LLC, a data breach case, the Second Circuit held that plaintiffs may demonstrate standing based on a theory of “increased risk” of future identity theft or fraud following an...more
The 11th Circuit recently weighed in on the hottest issue is data breach litigation, whether a demonstration of actual harm is required to have standing to sue. Joining several other circuit courts, the 11th Circuit in Tsao...more
The Illinois Supreme Court recently held that an increased risk of future harm is not an injury; tossing a class action suit which sought damages related to the City of Chicago’s replacement of water meters and water main...more
Report on Patient Privacy 20, no. 2 (February 2020) - A ruling from Georgia’s highest state court could set a precedent that determines recourse for victims of cyberattacks. The Georgia Supreme Court ruled in late December...more
In Securities & Exchange Comm. v. Gentile, No. 18-1242, 2019 WL 4686251 (3d Cir. Sept. 26, 2019), the United States Court of Appeals for the Third Circuit took up the question of whether Securities and Exchange Commission...more
On June 21, 2019, the D.C. Circuit split with several other circuits in holding that alleging a heightened risk of identity theft following a data breach is enough to establish standing at the pleadings stage....more
The D.C. Circuit Court of Appeals recently reaffirmed its position that a plaintiff can establish Article III standing (federal court subject matter jurisdiction) based solely on the risk of potential future harm following a...more
In Nunez v. Saks Inc., the Ninth Circuit held that a named plaintiff who fails to allege that class members are likely to suffer future injury cannot advance a claim for injunctive relief....more
Pursuing negligence claims in the Eighth Circuit following a data breach just got harder. On May 31, 2019, the U.S. Court of Appeals for the Eighth Circuit again dismissed the data breach claims in In re SuperValu, Inc....more
Following the Supreme Court’s ruling in Spokeo v. Robins, which held that federal plaintiffs alleging a statutory violation must have suffered a real, concrete injury in order to have Article III standing, many defendants...more
Customers, trade secrets, and proprietary information are the lifeblood of any company. For this reason, companies routinely have employees sign confidentiality agreements and, to the extent they are enforceable,...more
A team of Proskauer attorneys, on behalf of 12 leading non-profit organizations specializing in advocacy for victims of domestic violence, drafted an amicus brief in support of a mother seeking to uphold a district court’s...more
We previously reported on the developing circuit split over Article III standing in data breach class action cases. In August, the D.C. Circuit Court joined the Sixth, Seventh, and Ninth Circuits in finding that the...more
On remand from the Supreme Court, the U.S. Court of Appeals for the Ninth Circuit has held for the second time that the plaintiff in Robins v. Spokeo, Inc. has standing to proceed in federal court with claims under the Fair...more
In the past few weeks, five putative class action lawsuits have been filed under the Illinois Biometric Information Privacy Act (“BIPA”), 740 ILCS 14/1 et seq., targeting defendants in the health care, senior living,...more