News & Analysis as of

Identity Theft Negligence

Vinson & Elkins LLP

Identity Theft is Not a Joke, Jim! — Third Circuit Finds Standing to Sue for Employee Data Breach

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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

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

Mediant Communications Settles Data Breach Class Action Lawsuit

Last week, Mediant Communications Inc. (Mediant) settled a class action lawsuit in the U.S. District Court for the Southern District of New York stemming from a 2019 data breach in which hackers accessed 200,000 individuals’...more

Vinson & Elkins LLP

No (Actual) Injury, No Problem: Second Circuit Recognizes An “Increased-Risk” Theory Of Standing For Plaintiffs In Data Breach...

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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

Fisher Phillips

One Employee’s Accidental Email Leads To A Significant Data Breach Ruling in Federal Appeals Court

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A federal appeals court recently addressed whether employees had standing to bring a lawsuit when their personally identifiable information (PII) was inadvertently circulated to other employees at the company, with no...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

Ballard Spahr LLP

PA Supreme Court: Businesses Have Duty to Safeguard Sensitive Employee Information

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The Pennsylvania Supreme Court has drastically changed the data breach litigation landscape by holding that an employer has a common law duty to use reasonable care to safeguard its employees' personal information stored on...more

Robinson+Cole Data Privacy + Security Insider

Adidas Removes Putative Class Action Suit Arising Out of the Data Breach Announced Earlier this Year

On June 28, 2018, Adidas released a statement announcing that it recently “became aware that an unauthorized party claims to have acquired limited data associated with certain Adidas consumers.”...more

Fenwick & West LLP

Appellate Court Lowers Pleading Requirements for Standing in Optometrists’ Data Breach Suit

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The U.S. Court of Appeals for the Fourth Circuit has found that allegations that fraudsters used the personal information of data breach victims are sufficient to establish standing even without any fraudulent charges...more

Zuckerman Spaeder LLP

Gone Phishing: Employer Faces Liability for Mistakenly Disclosing W-2 Forms to Scammer

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Phishing. Spoofing. - These words may sound silly, but for employers, they are anything but. Phishing is the attempt to obtain sensitive electronic information—such as usernames, passwords, or financial...more

Carlton Fields

No Celebration For Yahoo! Data Breach Claims Survive Motion To Dismiss

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After Yahoo! Inc. suffered three data breaches in a span of four years, plaintiffs brought a putative class action lawsuit against the internet service provider and a subsidiary (collectively, “Yahoo”), alleging defendants...more

Fisher Phillips

Is There Automatic Civil Liability For A Data Breach?

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No! It is a common misconception among the general public that someone always has to pay when there is a data breach. It is understandable that individuals affected by a data breach will be upset, distraught, and even angry....more

BCLP

2017 Data Breach Litigation Report

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2016 was another year in which data breaches continued to dominate the headlines, a constant reminder to people that their personal information was vulnerable and the target of criminal attacks. Yet, despite the fact that...more

Bracewell LLP

Data Breach Lawsuit Survives Motion to Dismiss

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In an April 13, 2017 decision in Walters v. Kimpton Hotel, a California federal judge rejected the bid of hotel chain Kimpton Hotel and Restaurant Group, LLC to dismiss a proposed class action arising from a data breach last...more

Robinson+Cole Data Privacy + Security Insider

Sixth Circuit: Substantial Risk of Harm and Mitigation Costs Sufficient to Confer Standing in Data Breach Case

On October 12, 2016, the U.S. Court of Appeals for the Sixth Circuit denied a petition for an en banc rehearing of its September 12 decision in Galaria, et al. v. Nationwide Mutual Insurance Company (Nos. 15-3386/3387). In...more

Patterson Belknap Webb & Tyler LLP

Galaria v. Nationwide: Data Breach Plaintiffs Standing Strong in the Sixth

This week, in the first post-Spokeo circuit court decision to address standing in a data-breach class action, the Sixth Circuit joined the Seventh Circuit in holding that plaintiffs whose sensitive personal information has...more

Robinson+Cole Data Privacy + Security Insider

Scottrade announces data breach affecting 4.6M customers

Scottrade, a retail brokerage firm, announced late last week that it suffered an intrusion by cyber hackers who stole client contact information of 4.6 million customers. The intrusion occurred between late 2013 and early...more

Robinson+Cole Data Privacy + Security Insider

Advocate Health class action lawsuit trimmed

Last week, an Illinois judge dismissed with prejudice five of the six claims levied against Advocate Health Care in a consolidated case of ten cases filed against it following the data breach it experienced in July of 2013...more

Ballard Spahr LLP

Seventh Circuit Green Lights Data Breach Class Action Against Neiman Marcus

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An increase in data breach class actions could be the result of a recent decision of the Seventh Circuit holding that allegations of future harm stemming from a data breach can establish Article III standing. The majority of...more

Faegre Drinker Biddle & Reath LLP

Seventh Circuit Concludes Plaintiffs Have Standing to Sue in Data Breach Class Action

On July 20, 2015, the U.S. Court of Appeals for the Seventh Circuit held in Remijas v. Neiman Marcus Group that injuries associated with resolving fraudulent charges and protecting oneself against future identity theft after...more

Blake, Cassels & Graydon LLP

Federal Court of Appeal Expands Scope of Privacy Class Action

The Federal Court of Appeal recently allowed an appeal expanding the scope of a certified privacy class action relating to the loss of personal data of Canada Student Loans recipients. The case, Condon v. Canada (Condon), had...more

Cozen O'Connor

Pennsylvania Court Dismisses Data Breach Claims

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In 2014, the University of Pittsburgh Medical Center’s computer system was hacked, resulting in the disclosure of sensitive personal information of current and former employees, including names, addresses, birthdates, social...more

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