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Negligence Data Security

Pierce Atwood LLP

2024 Second Quarter Class Action Update: Trends in First Circuit Class Actions

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We are pleased to present our second quarter 2024 update to the New England and First Circuit Class Action Tracker, which focuses on class action filings in state and federal courts within the boundaries of the First Circuit...more

Davis Wright Tremaine LLP

Litigation Preparedness Following a Data Breach: Three Tips to Consider During the Incident Response Period

Data breaches come in many different forms, sizes, and levels of complexity, but they tend to share certain key facts: A third-party bad actor—whether through a phishing attack, a ransomware attack, exploitation of a zero-day...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

Epiq

Cyberside Chats - Zero Trust and Cyber Negligence: A conversation with Dr. Zero Trust Chase Cunningham

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Dr Zero Trust – Chase Cunningham creator of the Zero Trust eXtended Framework joins Jerich Beason & Whitney McCollum for today’s Cyberside Chat to discuss the principles and types of technologies that support a zero trust...more

Fox Rothschild LLP

Pain and Suffering for a Data Breach? German Court Issues First Decision of Its Kind in Europe.

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A German Court has ordered pain and suffering damages as a result of a data breach, the first decision of its kind in Europe. According to the judgment, Scalable Capital has to pay the plaintiff, represented by consumer...more

Bilzin Sumberg

Zoom Settlement Will Likely Mute Federal Class Action Lawsuit over Data Privacy

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After months of litigation, Zoom Video Communications has agreed to pay $85 million to settle a proposed class action pending in the United States District Court for the Northern District of California....more

Butler Snow LLP

A Virtual Reality: What Videoconference Platforms Can Do to Prevent or Defend Data Security and Privacy Lawsuits

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Videoconferences have become “virtually” ubiquitous in today’s workforce, particularly as COVID-19 continues to transform how businesses operate from day to day.  To maintain social distancing, most businesses have encouraged...more

Womble Bond Dickinson

Finding a Test for Reasonable Security Practices: Embrace Complexity and Specifics

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Most people have a warped and deeply unrealistic understanding of data security. There is no such thing as absolute security. For a thing to have value, you must be able to access the value – in effect, to use it. In order...more

Robinson+Cole Data Privacy + Security Insider

Frequency and Cost of Insider Threats Continue to Increase

The Ponemon Institute recently issued its 2020 Cost of insider Threats Global Report, which finds that the frequency and cost of insider threats is continued to increase. Sponsored by ObserveIT and IBM, the 2020 report is the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - January 2020

In this month's edition of our Privacy & Cybersecurity Update, we examine the EU advocate general's decision in Schrems II, a federal court's ruling that an insurer owed coverage for a social engineering loss, the Chinese...more

Kilpatrick

Data breach class actions - Georgia Supreme Court finds allegations of imminent risk of identity

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Takeaway: A key issue in data breach litigation is whether a data breach plaintiff has alleged facts sufficient to establish a cognizable injury. In Collins v. Athens Orthopedic Clinic, P.A., S19G0007, 2019 WL 7046786 (Ga....more

Tucker Arensberg, P.C.

Pennsylvania Supreme Court Holds That Employers Have Duty to Protect Their Employees’ Data

Dittman v. UPMC, 196 A.3d 1036 (Pa. 2018).  The Pennsylvania Supreme Court holds that employers have a legal duty to use reasonable care to safeguard sensitive personal information of their employees when the employer chooses...more

Kilpatrick

Data Breach Class Actions - Georgia Supreme Court Rejects Duty to Safeguard Personal Information

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Takeaway: Plaintiffs in data breach class actions usually assert common law tort claims, such as claims for negligence, gross negligence, and negligence per se. Negligence claims, however, require the breach of a recognized...more

Womble Bond Dickinson

Lawsuit Alert: New State Law Affirmative Duty to Safeguard Personal Data

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Now a business that was hacked may be successfully sued under state common law by data subjects whose information was compromised in the crime. For the first time, a state supreme court has held that a company that was...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

K&L Gates LLP

Pennsylvania Supreme Court Holds Employers Have a Duty to Exercise Reasonable Care to Safeguard Sensitive Personal Information...

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To date, Pennsylvania has not adopted a comprehensive law specifying how sensitive personal information about individuals must be secured or the protections that holders of this information must use to minimize risk of...more

Poyner Spruill LLP

Pennsylvania Supreme Court Permits Negligence Claim To Proceed In Data Breach Class Action - Will Other States Follow?

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In finding a common law duty to protect employees’ personal data, the Pennsylvania Supreme Court has unexpectedly, and dramatically, altered the contours of the data breach litigation landscape....more

Bond Schoeneck & King PLLC

Employers May Be Liable for the Release of Employees' Personally Identifying Information in Data Breaches

It seems that reports of hackers breaching a business’s security measures to obtain customer information appear on an almost weekly basis. Unfortunately, businesses need to worry not only about the unauthorized access of...more

Saul Ewing LLP

Pennsylvania Supreme Court Recognizes Employers’ Duty to Safeguard Employees’ Personal Data

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In a unanimous ruling that is sure to become a landmark in state litigation over data breaches, the Pennsylvania Supreme Court on November 21 held that “an employer has a legal duty to exercise reasonable care to safeguard...more

Snell & Wilmer

Pennsylvania Supreme Court Rules that Employers Have an Affirmative Duty to Protect Workers’ Personal Data from Cybercriminals:...

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In a landmark decision with far-reaching implication, the Pennsylvania Supreme Court recently held that employers have an affirmative duty to protect their employees’ personal information from criminal hacking. In particular,...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

Kilpatrick

Data breach class actions: Georgia appellate court again rejects negligence claim predicated on alleged duty to safeguard personal...

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Takeaway: Data breaches are now a fact of life, whether for card-carrying consumers or commercial entities victimized by hacking or otherwise required to deal with the consequences. Class action litigation often ensues, where...more

Holland & Knight LLP

Food and Beverage Law Update: June 2018

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Wage and Hour - Decision Upholds Class Action Waivers in Arbitration Clauses, Resolves Circuit Split - The U.S. Supreme Court issued a long-awaited decision in Epic Systems Corp. v. Lewis on May 21, 2018, holding that...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

Robinson+Cole Data Privacy + Security Insider

Mapco Express pays $1.9 Million in Data Breach Settlement

A Tennessee federal judge has approved a proposed settlement of up to $1.9 million to be paid by Mapco Express to individuals affected by a payment card data breach that occurred in 2013. Two banks alleged that Mapco...more

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