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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

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 LLP

Data Privacy + Cybersecurity Insider - August 2022 #2

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CYBERSECURITY - Twilio Hit with Social Engineering Smishing Scheme - We’ve explained smishing schemes before. Smishing is like phishing, but uses SMS texting to deliver malicious code to users’ phones, or tricks the user...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

Fox Rothschild LLP

Planned Parenthood Los Angeles Data Breach Coincides with Spotlight on Roe v. Wade

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According to this article, 2021 has been a “particularly dire year” for health care data breaches. So, it may not seem shocking that a hacker gained access to the protected health information of approximately 400,000...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

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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

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

Troutman Pepper Locke

Second Circuit Clarifies Article III Standing Threshold for Data Breach Class Actions

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The Second Circuit recently issued a decision in McMorris v. Carlos Lopez & Associates, LLC, No. 19-4310, 2021 U.S. App. LEXIS 12328 (2nd Cir. Apr. 26, 2021), which clarifies the circumstances under which plaintiffs alleging...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

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

Robinson+Cole Data Privacy + Security Insider

Canon Hit with Data Breach Class Action Suit by Former and Current Employees

Canon U.S.A. Inc. (Canon) was hit with a class action lawsuit in the U.S. District Court for the Eastern District of New York this week for the ransomware attack that exposed current and former employees’ personal information...more

Goodwin

California State Court Upholds Exclusive Federal Forum-Selection Charter Provision for 1933 Act Suits

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California State Court Upholds Exclusive Federal Forum-Selection Charter Provision for 1933 Act Suits; California District Court Dismisses Fraud-Related Claims Against AT&T; Third Circuit Holds Challenge to SEC’s Decision to...more

Kilpatrick

Data Breach Class Actions – Florida District Court Rules Threat of Future Injury Too Speculative to Support Standing

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Takeaway: Data breach cases often turn on whether the threat of future identity theft suffices to establish Article III standing. In yet another data breach case, In re Brinker Data Incident Litig., 3:18-CV-686-J-32MCR,...more

Nilan Johnson Lewis PA

Recent IoT Class Actions Highlight Need for Manufacturers & Vendors of Connected Products to Be Aware of Liability Risks

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The Internet of Things (IoT) products have become a way of life. There are huge benefits of “smart” products, which interact through the internet to gather and exchange data to provide additional functions, security, and easy...more

The Volkov Law Group

Managing Third-Party Vendor Cybersecurity Risks (Part II of III)

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We all know that businesses rely on a large number of third-party vendors to support their business operations.  Many of these third parties require access to a company’s data and its internal information and technology...more

Ballard Spahr LLP

8th Circuit Decision in SuperValu Class Action is a Reminder that Injury and Damages Aren’t the Same Thing.

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Last Friday we blogged on the Saks data breach class action, and in the process mentioned a trend among federal courts to reject fear of future identity theft claims in retail breach cases.  ...more

Balch & Bingham LLP

Class Certification Denied for Data Breach Claim Brought by Bank Against Retailer

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Last week, the U.S. District Court for the Middle District of Alabama denied Southern Independent Bank’s (“Southern Independent’s”) motion for class certification following a data breach which allegedly affected over 2,000...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

Searcy Denney Scarola Barnhart & Shipley

United States Judicial Panel on Multidistrict Litigation – January 2019 Hearing Session Preview

The next hearing session of the United States Judicial Panel on Multidistrict Litigation (“JPML”) is scheduled for January 31, 2019 in Miami, Florida. Six matters are set for oral argument to consider motions to transfer each...more

Faegre Drinker Biddle & Reath LLP

Vehicle Hacking Class-Action Litigation to Proceed to Discovery After Supreme Court Denies Certiorari

Class-action litigation on claims that vehicles are vulnerable to hacking will go forward after the U.S. Supreme Court declined to review the class certification. The nation’s highest court denied the petition for certiorari...more

Fenwick & West LLP

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

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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

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