News & Analysis as of

Putative Class Actions Cyber Attacks

Troutman Pepper

More Privacy, Please – January 2024

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NIST Publishes Report on the Cybersecurity of Genomic Data. On December 20, 2023, the NIST National Cybersecurity Center of Excellence (NCCoE) published Final NIST IR 8432, Cybersecurity of Genomic Data. Informed by direction...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

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - October 2021

In this month’s edition of our Privacy & Cybersecurity Update, we examine the FTC’s changes to the Gramm-Leach-Bliley Act’s Safeguards Rule and the CFPB’s order requiring six tech companies to disclose information regarding...more

Clark Hill PLC

Courts Look Unfavorably on Recent Class Actions Arising Out of Ransomware Attacks

Clark Hill PLC on

As more and more ransomware attacks affect companies large and small, such as the recent, well-known attacks on the Colonial Pipeline and the meat processing company JBS, industrious plaintiffs’ counsel will continue to...more

Alston & Bird

Class Action & MDL Roundup – Winter 2021

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Welcome back to the Class Action & MDL Roundup! Our winter edition covers notable class actions from the fourth quarter of 2020. In this edition, we find a common theme among COVID-19 class actions, the Tampa 2 defends...more

Lowenstein Sandler LLP

Petco Cyberattack Serves as Useful Reminder of Best Practices for Preventing Data Breach

Lowenstein Sandler LLP on

A putative consumer class action filed in California state court on Friday the 18th against Petco Animal Supplies Stores Inc. (Petco) and its wholly owned subsidiary PupBox Inc. (PupBox) alleges that between February and...more

Bilzin Sumberg

Jurisdictional Lessons from Mt. Gox Cryptocurrency Litigation

Bilzin Sumberg on

Last week, on the heels of a significant decline in Bitcoin prices, Forbes reported that China’s Central Bank is set to launch the world’s first state-backed cryptocurrency. The cryptocurrency will be made available initially...more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - September 2018 #2

Robinson & Cole LLP on

We all remember Kronos—the malicious malware that was sold by Russian underground forums in 2014 for $7,000. If you bought it, you were promised updates and development of new modules. The Kronos developers recently released...more

Fenwick & West LLP

Appellate Court Finds Risk of Identity Theft Sufficient to Establish Standing, Circuit Split Worsens

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The U.S. Court of Appeals for the Ninth Circuit has found that allegations of a future risk of identity theft resulting from a data breach are sufficient to establish standing....more

Patterson Belknap Webb & Tyler LLP

Uber Breach

Uber Technologies, Inc., the latest victim of a high-profile data theft, is taking heat for its handling of the 2016 incident – first disclosed last week – in which account information for 57 million riders worldwide was...more

Patterson Belknap Webb & Tyler LLP

A Question of Privilege: Court Wrestles With Attorney-Client and Work Product Issues in Data Breach Case

In a significant ruling addressing the scope of the attorney-client privilege and work product doctrine in a data breach case, a Federal judge in Oregon ordered Premera Blue Cross, the Washington-based healthcare services...more

Carlton Fields

Kansas Judge Rejects Discovery From Putative Class Members

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A magistrate judge in Kansas denied the defendant’s request to conduct discovery of putative class members via a voluntary questionnaire. Plaintiff Hapka filed a class action against home health care provider CareCentrix...more

Fenwick & West LLP

The DC Circuit Opens the Door to Data Breach Plaintiffs Alleging Substantial Risk of Future ID Theft

Fenwick & West LLP on

The U.S. Court of Appeals for the D.C. Circuit has held that allegations of a heightened risk of future identity theft resulting from a data breach established a concrete injury at the pleading stage....more

Patterson Belknap Webb & Tyler LLP

Dismissal in Michael Stores Data Breach Case

In the latest decision on Article III standing in a data breach case, the U.S. Court of Appeals for the Second Circuit ruled that a credit card holder – who neither pleaded specific facts about the time or effort spent...more

Carlton Fields

The Future of Standing in Data Breach Class Actions

Carlton Fields on

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

Nossaman LLP

IRS Data Breach Class Action Dismissed

Nossaman LLP on

Last week, the Internal Revenue Service successfully defeated a putative class action related to a data breach it suffered in 2015. The D.C. District Court’s decision dismissing the suit demonstrates the high bar required to...more

K2 Integrity

6th Circuit “Stands” Up for Plaintiffs in Data Breach Suit

K2 Integrity on

A recent decision by the U.S. Sixth Circuit Court of Appeals lowers the threshold for standing in data breach cases, giving data breach victims an easier path to sue the companies from which their data was stolen. Adam Frey...more

Ballard Spahr LLP

Plaintiffs Cannot Bring Data Breach Lawsuits Without Evidence That Information Will Be Used To Harm

Ballard Spahr LLP on

The latest development in how American courts will handle the standing question for data breach class actions came last week when the U.S. District Court for the District of Columbia dismissed for lack of standing a putative...more

Carlton Fields

Another One Bites the Dust: Maryland Federal District Court Dismisses Putative Data Breach Class Action for Lack of Standing

Carlton Fields on

The United States District Court of Maryland recently dismissed a putative class action alleging that CareFirst’s failure to adequately secure the computer hardware storing their customers’ personal information led to two...more

Robinson+Cole Data Privacy + Security Insider

Class action suit filed against 21st Century Oncology for data breach

We previously reported that 21st Century Oncology had suffered a data breach and notified 2.2 million patients that it had been the victim of a hacking that exposed the names, Social Security numbers, physicians’ names,...more

Robinson+Cole Data Privacy + Security Insider

Car hackings and vulnerabilities update (Jeep/Fiat + GM)

Jeep/Fiat has been sued by a putative class alleging that they were harmed as a result of researchers’ ability to hack into a Jeep and take control of it. Jeep/Fiat filed a motion to dismiss, stating that the owners suffered...more

Carlton Fields

Data Breach Class Claims Survive Clapper

Carlton Fields on

On appeal to the Seventh Circuit, a three-judge panel opinion written by Chief Judge Woods reversed the lower court. Remijas v. Neiman Marcus Group, LLC, No. 14-3122, 2015 WL 4394814, at *3 (7th Cir. July 20, 2015). The panel...more

Robinson+Cole Data Privacy + Security Insider

IRS sued in putative class action for lax security

Following the IRS’ admission that its data breach was actually larger than it originally reported and caused fraudulent tax returns to be filed affecting over 330,000 taxpayers, the IRS was sued this week in a proposed class...more

Carlton Fields

Seventh Circuit Petitioned for Rehearing En Banc to Determine Whether Data Breach Class Claims Survive Clapper, Satisfy Article...

Carlton Fields on

In January 2014, luxury retailer Neiman Marcus disclosed that it had suffered a cyberattack in which hackers may have gained access to 350,000 credit and debit cards used at its stores in late 2013. Plaintiffs, all of whom...more

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