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A repository for the most well-read content on JD Supra at any given time, along with occasional roundups of popular content by specific topic. Also stop by for monthly recaps of hot articles for the previous... more +
A repository for the most well-read content on JD Supra at any given time, along with occasional roundups of popular content by specific topic. Also stop by for monthly recaps of hot articles for the previous thirty days. less -
Mitratech Holdings, Inc

One of the Millions Impacted in the USDoD Social Security Data Breach? Here’s What to Do Next.

Mitratech Holdings, Inc on

Millions of individuals could be at the mercy of cybercriminals after a hacking group launched a large-scale data breach impacting 2.9 billion records, including Social Security numbers and other sensitive information. The...more

Foley & Lardner LLP

What Goes Around Comes Around: The Resurgence of Data Breach Class Actions

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Data breach class actions are again on the rise, with a recent report by Lex Machina confirming what many cybersecurity practitioners have seen first-hand over the last two years. The findings also reaffirm longstanding best...more

Holland & Knight LLP

Plaintiffs Request Court Approval of $8.7M Settlement in ERISA Class Action Cyberattack Lawsuit

Holland & Knight LLP on

Multi-employer plan participants involved in an Employee Retirement Income Security Act of 1974 (ERISA) class action lawsuit against Horizon Actuarial Services LLC (Horizon), a national retirement services firm, have entered...more

Freiberger Haber LLP

Case of First Impression in the Appellate Division: Data Breach By Itself is Not An “Injury-in-Fact”

Freiberger Haber LLP on

The law can be funny. Not in a comedic way, but in a way that defies expectations about what is needed to bring a cause of action. Sometimes this is manifested in the quantum of evidence needed to bring an action and survive...more

Spilman Thomas & Battle, PLLC

Decoded: Technology Law Insights - V 4, Issue 3, March 2023

Spilman Thomas & Battle, PLLC on

Amazon Sued for Not Telling New York Store Customers about Tracking Biometrics - “Thanks to a 2021 law, New York is the only major American city to require businesses to post signs letting customers know they’re tracking...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Learning From Data Breach Cases To Reduce Legal Risk

Rothwell, Figg, Ernst & Manbeck, P.C. on

The average cost of a data breach is on the rise. According to the 2022 ForgeRock Consumer Identity Breach Report, the average cost in 2021 of recovering from a data breach in the U.S. is $9.5 million — an increase of 16%...more

Dechert LLP

Dechert Cyber Bits - Issue 21

Dechert LLP on

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

Genova Burns LLC

Potential Harm Enough For Class Action to Proceed in Data Breach Litigation

Genova Burns LLC on

The Third Circuit Court of Appeals has given new life to a putative class action suit led by a former employee of a company that suffered a ransomware attack, leading to her sensitive information being released onto the Dark...more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - August 2022 #2

Robinson & Cole LLP on

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

Robinson+Cole Data Privacy + Security Insider

University of Pittsburgh Medical Center Settles Data Breach Class Action for $450,000

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The University of Pittsburgh Medical Center (UPMC) recently settled a data breach class action for $450,000 stemming from a 2020 data breach that led to the compromise of about 36,000 UPMC patients....more

Lowenstein Sandler LLP

Subrogation Actions Following Ransomware Claims: What Policyholders Should Expect in the Ever-Changing Cyber Insurance Market

Lowenstein Sandler LLP on

Ransomware attacks continue to challenge U.S. companies, with cybercriminals now routinely extorting companies for multimillion-dollar payouts. A company that experiences an attack will likely seek coverage under its cyber...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 22, Number 1. Privacy Briefs: January 2022

Health Care Compliance Association (HCCA) on

Report on Patient Privacy 22, no. 1 (January, 2022) - New Jersey issued its third settlement in three months on state-level health care privacy and security laws, announcing that three cancer care providers would adopt new...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 21, Number 9. Privacy Briefs: September 2021

Health Care Compliance Association (HCCA) on

Report on Patient Privacy 21 no. 9 (September, 2021) - DuPage Medical Group in Chicago said that the personal information of more than 600,000 patients may have been compromised in a July cyberattack. The medical group,...more

Kilpatrick

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

Kilpatrick on

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

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

Kilpatrick

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

Kilpatrick on

Takeaway: Since the U.S. Supreme Court addressed the issue of standing based on allegations of possible future injury in Clapper v. Amnesty International USA, 568 U.S. 398 (2013), the courts of appeals have addressed this...more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - May 2021 #4

Robinson & Cole LLP on

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

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

Seyfarth Shaw LLP

First Securities Class Action Complaint Filed In 2021 Following Disclosure Of Cyberattack On SolarWinds Corporation

Seyfarth Shaw LLP on

On January 4, 2021, a putative securities class action complaint was filed in the United States District Court for the Western District of Texas against SolarWinds Corporation (“SolarWinds”), SolarWinds’ CEO and CFO.[1] This...more

Robinson+Cole Data Privacy + Security Insider

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

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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

Jones Day

Accountability for Cybersecurity in Australia—A Major Regulatory and Litigation Risk

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There are showers, there are squalls, and there are storms. The growth in cybersecurity attacks in Australia, as in much of the world, is a storm and Australian companies need to batten down the hatches. In the period from 1...more

Patterson Belknap Webb & Tyler LLP

The Minted Complaint: Another Case Brought Under the CCPA’s Private Right of Action

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Well before the California Attorney General’s power to enforce the California Consumer Privacy Act (CCPA) commenced on July 1, 2020, as we have recently reported, private plaintiffs had already jumped into the fray, suing...more

Hogan Lovells

Cyber Investigations and Privilege: Court Finds Forensic Report not Covered by Work Product Doctrine

Hogan Lovells on

Last week, the U.S. District Court for the Eastern District of Virginia ordered Capital One to produce a forensic investigation report in multidistrict litigation arising out of the cyber incident Capital One announced in...more

Robinson+Cole Data Privacy + Security Insider

Capital One Required to Produce Forensic Report in Class Action

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As a litigator, when responding to any security incident, thoughtful consideration is given to the possibility that the security incident may wind up in litigation, and therefore, certain decisions are made in anticipation of...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

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