The Massachusetts Supreme Judicial Court (SJC) recently discussed class certification in state court wage and hour cases in Gammella v. P.F. Chang’s China Bistro....more
Rising concerns over food sourcing and preparation is leading to more and more litigation for restaurants and franchises. Most of the lawsuits claim discrimination, which makes sense as many dietary strictures are rooted...more
In this edition of our Privacy & Cybersecurity Update, we examine a district court ruling against Wendy's that continues a shift toward an increase in merchants' data protection responsibilities and the Article 29 Working...more
In today’s world, as technology costs decrease and personal information becomes more valuable on the black market, data breaches have seemingly joined the ranks of death and taxes as certainties. Add to that litigation:...more
It was about time for data breach defendants to get a win. The District Court for the Northern District of Illinois delivered one to Barnes & Noble in its long-running class action that stems from a breach suffered in 2012....more
The Sixth Circuit joined the growing trend of appellate courts holding that plaintiffs had demonstrated standing for data breach class actions in Galaria et al. v. Nationwide Mutual Insurance Company. In a recent order, the...more
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
Law360, New York (July 1, 2016, 12:12 PM ET) -- The U.S. Supreme Court made a big splash this year establishing a murky threshold for standing that has already been widely cited by both sides of the bar, while consumers...more
President Signs Legislation Modernizing Federal Chemical Regulation Law - Overhaul of Toxic Substances Control Act (TSCA) has important business implications for consumer product manufacturers and retailers. ...more
Despite months of anticipation, the majority opinion in Spokeo, Inc. v. Robins reads more like a teacher (the Supreme Court) telling a student (the Ninth Circuit) to go back and show the work behind a long division answer...more
With the proliferation of storage of personal data and the increase in hacking efforts and phishing scams, Wisconsin courts are likely to see more data breach class actions on the horizon. Wisconsin businesses handling...more
Last week, the Seventh Circuit revived a data breach class action against P.F. Chang’s restaurant in an important opinion that continues a plaintiff-friendly trend that began with the court’s opinion in the Neiman Marcus case...more
On July 20, 2015, the Seventh Circuit issued its opinion in Remijas v. Neiman Marcus Group, 794 F. 3d 688 (7th Circ. 2015), which immediately became the low-water mark for Article III standing in data breach cases. In short,...more
On April 14, 2016, the Seventh Circuit held in Lewart v. P.F. Chang’s that customers who may have had personal information compromised in a P.F. Chang’s data breach have standing, at the motion-to-dismiss stage, to sue the...more
One obstacle for named plaintiffs in proposed data breach class actions is the extent to which plaintiffs must allege an injury-in-fact to have standing. Disputes often arise about whether proactive efforts to mitigate...more
We have been closely watching the class action suits against PF Chang’s (and other retailers) relating to the bistro’s data breach last year. In December, a federal district court in Illinois dismissed a proposed class action...more
In This Issue: - The Critical Takeaway for Every Company From the Sony Cyber Attack - Sony Data Breach Class Action Complaint Provides Insight Into Cybersecurity Issues - Reminder: New California Data...more
On December 10, 2014, a United States District Court in the Northern District of Illinois dismissed the class action complaints filed by two customers of P.F. Chang’s China Bistro who alleged damages resulting from a data...more
Travelers Indemnity Company filed an action this month in the United States District Court for the District of Connecticut for a declaratory judgment that it is not obligated to defend or indemnify its policyholder, P.F....more