Popular, Data Breach, Class Action

District Court grants preliminary approval of $1.5M class action settlement for insurance company data breach

Orrick, Herrington & Sutcliffe LLP on 9/9/2024

On August 27, the U.S. District Court for the Eastern District of North Carolina granted a plaintiff’s unopposed motion for preliminary approval of a class action settlement related to an insurance company’s data breach that...more

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

Mitratech Holdings, Inc on 8/21/2024

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

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

Foley & Lardner LLP on 7/23/2024

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

The Rise of ADA and Data Breach Class Actions

Epiq on 6/6/2024

Class action lawsuits have been on a record-setting upward trend in recent years and they aren’t showing any signs of slowing. According to the Duane Morris Class Action Review 2024, settlement numbers reached unprecedented...more

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

Holland & Knight LLP on 4/2/2024

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

Washington Appeals Court disagrees with appellant in a class action data breach; affirms lower court’s decision

Orrick, Herrington & Sutcliffe LLP on 1/22/2024

On January 8, the Washington State Court of Appeals affirmed superior court rulings granting final approval to a class action settlement, denying a motion to consolidate six class action lawsuits, and approving a class notice...more

Preparing for 2024: Encore to 2023’s Cyber and Privacy Extravaganza

Carlton Fields on 1/18/2024

Step right up as we discuss some of 2023’s most notable cybersecurity and privacy regulatory and litigation developments and tips for keeping your program flying high. Regulatory Activity New regulatory requirements now in...more

Cybersecurity Lawsuit Against NJ Hospitals After Data Breach

Stark & Stark on 1/12/2024

Healthcare providers are responsible for guarding the health and well-being of their patients. Still, they also have an essential duty to protect the personal information they collect in the process....more

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

Davis Wright Tremaine LLP on 10/26/2023

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

Security Breach Notification Chart - September 2023

Perkins Coie on 10/19/2023

Perkins Coie's Privacy & Security practice maintains this comprehensive chart of state laws regarding security breach notification. The chart is for informational purposes only and is intended as an aid in understanding each...more

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

Freiberger Haber LLP on 7/31/2023

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

[Webinar] Data Beware! Defending Class Actions in the Privacy and Data-Sharing Space - June 13th, 10:00 am - 10:30 am PT

Sheppard Mullin Richter & Hampton LLP on 6/1/2023

This presentation will discuss the recent surge in class actions challenging companies’ practices for collecting, sharing, and storing consumer data, including claims arising under the Illinois Biometric Information Privacy...more

Privacy & Cybersecurity Update - January 2023

Skadden, Arps, Slate, Meagher & Flom LLP on 2/1/2023

In this month’s Privacy & Cybersecurity Update, we analyze recent fines against Meta and their impact on the future of behavioral advertising, the timeline for the California Privacy Rights Act’s regulations to become...more

Learning From Data Breach Cases To Reduce Legal Risk

Rothwell, Figg, Ernst & Manbeck, P.C. on 1/4/2023

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

Data breach class actions: Ninth Circuit addresses forum selection and personal jurisdictional issues in case against foreign...

Kilpatrick on 12/21/2022

Takeaway: Businesses oftentimes rely on contractual provisions to shield themselves from litigation risk. But some provisions are more effective than others. In Baton v. Ledger SAS, No. 21-17036, 2022 WL 17352192 (9th Cir....more

Data breach class actions: SDNY finds standing based on sketchy injury-in-fact allegations

Kilpatrick on 11/30/2022

Takeaway: Ever since the U.S. Supreme Court ruled in Clapper v. Amnesty Int’l USA, 568 U.S. 398, 416 (2013), that plaintiffs “cannot manufacture standing merely by inflicting harm on themselves based on . . . hypothetical...more

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

Kilpatrick on 10/27/2022

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 Cyber Bits - Issue 21

Dechert LLP on 9/30/2022

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

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

Genova Burns LLC on 9/14/2022

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

Data Privacy + Cybersecurity Insider - August 2022 #2

Robinson & Cole LLP on 8/12/2022

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

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

Robinson+Cole Data Privacy + Security Insider on 6/17/2022

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

Data breach class actions: Southern District of New York dismisses action against health care providers for lack of standing

Kilpatrick on 5/26/2022

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

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