News & Analysis as of

Hackers Cybersecurity Class Action

Kohrman Jackson & Krantz LLP

The Columbus City Hall Cyber Attack: Key Takeaways

This past July, the City of Columbus, Ohio experienced a significant data breach. Hackers were able to breach Columbus’ network and gained access to private information of city employees and residents. Initially, the City...more

Wiley Rein LLP

Cyber Risks and Insurance 2025 Forecast

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As we prepare to close the books on another eventful year in the cyber and privacy space, Wiley’s cyber insurance team is already making predictions for 2025. Q: So, let’s get right into it – based on your experience this...more

HaystackID

Educational Institutions and Cloud Providers Grapple with Data Breach Challenges

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A series of recent cybersecurity breaches reveals significant vulnerabilities within educational and technology institutions, underscoring the urgent need for strengthened defenses. Among the most prominent incidents is the...more

Robinson+Cole Class Actions Insider

Attorneys’ Fees Award in Data Breach Class Action Settlement Reversed by Eighth Circuit

These days it seems like nearly every data breach results in a multitude of class action filings. Some of these cases settle quickly with minimal litigation. In such a case, the Eighth Circuit recently reversed an attorneys’...more

Epiq

Looking at Data Breach and Class Action Exposure Through a Single Lens

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There has been a spike in data breach class actions this year. According to a study by Law.com Radar, the monthly average of data breach class actions was 44.5 from January through August. This figure is more than double of...more

Robinson+Cole Data Privacy + Security Insider

Advocate Aurora Health to Pay $12.25 Million Settlement for Data Breach Class Action

In October 2022, Advocate Aurora Health notified 3 million individuals of a data breach resulting from its use of tracking pixels on its website for tracking website visitor activity. Now, this month, Advocate Aurora Health...more

Bennett Jones LLP

The Ontario Court of Appeal Confirms the Narrow Confines of the Tort of Intrusion Upon Seclusion

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2022 continued to be positive for institutional clients involved in privacy breach class actions, with the Ontario Court of Appeal refusing to expand the tort of intrusion upon seclusion to impose liability on institutions...more

Kilpatrick

Data breach class actions: District of Massachusetts dismisses complaint for failure to allege injury-in-fact

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Takeaway:  We have written a number of articles about standing issues arising in data breach class actions.  See, e.g., Data breach class actions: Third Circuit sets out parameters for Article III injury-in-fact (Oct. 27,...more

Kilpatrick

Data breach class actions: Third Circuit sets out parameters for Article III injury-in-fact

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Takeaway:  We have written a number of articles about the kinds of intangible injuries that confer Article III standing in the data breach and credit reporting contexts.  See Data breach class actions: Southern District of...more

Dechert LLP

Dechert Cyber Bits - Issue 21

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US Federal Appellate Court Issues Opinion on Proof of Injury in Data Breach Cases - On September 2, 2022, the U.S. Court of Appeals for the Third Circuit reinstated a class action lawsuit that had previously been dismissed...more

Robinson+Cole Data Privacy + Security Insider

San Diego Family Care Settles Data Breach Class Action for $1 Million

Recently, San Diego Family Care (SDFC) settled a class action related to a 2020 data breach for $1 million. The class includes all SDFC patients (or their parents/guardians) who received a breach notification in May 2021....more

Kilpatrick

Data breach class actions: Southern District of New York dismisses action against health care providers for lack of standing

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Takeaway: In a prior article, we reported on the Second Circuit’s decision in McMorris v. Carlos Lopez & Associates, LLC, 995 F.3d 295 (2d Cir. 2021), in which the court, ruling on an issue of first impression, set out a...more

Bilzin Sumberg

Recent Settlements and Penalties Show Perils of Data Breaches

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Two major U.S. financial institutions, Morgan Stanley and Capital One, recently agreed to resolve separate class action lawsuits by paying, in the aggregate, hundreds of millions of dollars in compensation for massive data...more

Kilpatrick

M.D. Pa. orders the production of cybersecurity report in data breach class action

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Takeaway: Counsel for companies that suffer a data breach often hire an outside cybersecurity firm to remediate the breach and assist counsel in preparing for and defending against litigation. These companies typically take...more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - August 2021 #3

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CYBERSECURITY - T-Mobile Clarifies Facts of Security Incident in Press Release - There has been a flurry of reporting in the past few days on the T-Mobile customer data compromise, with allegations that the compromise...more

Tucker Arensberg, P.C.

UPMC Finally Settles Data Breach Lawsuit for $2.7 Million

Tucker Arensberg, P.C. on

UPMC’s employment records were hacked by criminals in 2014. A civil class action lawsuit was filed on behalf of approximately 66,000 employees, and criminal cases were filed by federal prosecutors against a number of...more

Blake, Cassels & Graydon LLP

La Cour divisionnaire de l’Ontario refuse d’autoriser une action collective fondée sur le délit d’intrusion dans l’intimité

Le 9 juin 2021, dans l’affaire Owsianik v. Equifax Canada Co., 2021 ONSC 4112 (l’« affaire Equifax »), la majorité des juges de la Cour divisionnaire de l’Ontario a rejeté le délit d’intrusion dans l’intimité comme question...more

Blake, Cassels & Graydon LLP

Ontario Divisional Court Overturns Certification of Intrusion Upon Seclusion Claim

On June 9, 2021, in Owsianik v Equifax Canada Co (Equifax), 2021 ONSC 4112, a majority of the Divisional Court overturned the certification of intrusion upon seclusion as a common issue in a class proceeding involving a...more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - May 2021 #4

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CYBERSECURITY - Tulsa, OK Refuses to Pay Ransom to Attackers - The City of Tulsa, Oklahoma, announced on May 9, 2021, that it had been hit with a ransomware attack, but the Mayor is resolute in not paying the demanded...more

Robinson+Cole Data Privacy + Security Insider

School Nutrition Vendor Sued for Compromise of 867,209 K-12 Student Records

PCS Revenue Control Systems, Inc. (PCS) was hit with a proposed class action lawsuit last week alleging that it discovered a data breach from a hacking attack in December 2019 but failed to notify the affected students until...more

Jackson Lewis P.C.

The Circuit Split Continues: 11th Circuit Weighs In On Standing In Data Breach Litigation

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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

Troutman Pepper Locke

Taking Stock of Non-Monetary Settlement Provisions

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Since the passage of the California Consumer Privacy Act and because of the continued interest in the Illinois Biometric Information Privacy Act, there has been a focus on the amount of money class members may expect to...more

Troutman Pepper Locke

Standing on Thin Ice? New Guidance on Standing for Data Breach Claims

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Who has standing to bring claims for alleged statutory violations of privacy and cybersecurity statutes? There is no easy answer to this question. In Spokeo, Inc. v. Robins, the Supreme Court explained that just because a...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 21, Number 2. Privacy Briefs: February 2021

Report on Patient Privacy 21, no. 2 (February 2021) - The Florida Healthy Kids Corporation (FHKC), a Medicaid managed care plan, said one of its vendors, Jelly Bean Communications Design, experienced a security incident...more

Bennett Jones LLP

Evidence of Harm Required To Advance Class Action Following Data Breach

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The Court of Queen's Bench of Alberta, in Setoguchi v Uber B.V., 2021 ABQB 18, recently dismissed an application for certification of a proposed class action resulting from a data breach because there was no evidence of harm...more

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