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Spokeo v Robins Data Breach

Locke Lord LLP

Standing on Thin Ice? New Guidance on Standing for Data Breach Claims

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Who has standing to bring claims for alleged statutory violations of privacy and cybersecurity statutes? There is no easy answer to this question. In Spokeo, Inc. v. Robins, the Supreme Court explained that just because a...more

Knobbe Martens

Data Breach: No Injury-in-Fact, Case Dismissed

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It well known that there are, unfortunately, many data breaches that frequently put private citizens’ data privacy in jeopardy. States have passed a variety of statutes aimed at addressing this problem in an attempt to...more

Kilpatrick

Data Breach Class Actions - Eleventh Circuit En Banc Decision Could be Bad News for Plaintiffs

Kilpatrick on

Takeaway: The Eleventh Circuit has yet to address whether a future risk of identity theft is sufficient to establish standing in a data breach case. In Muransky v. Godiva Chocolatier, Inc., 16-16486, 2020 WL 6305084, at *12...more

Mintz - Privacy & Cybersecurity Viewpoints

The First Wave of CCPA Allegations Makes Its Way Into a New Data Breach Class Action Against Salesforce and Hanna Andersson

The companies Salesforce.com, Inc. and Hanna Andersson, LLC are on the receiving end of a novel lawsuit, which appears to be the very first data breach class action ever filed with alleged violations of the California...more

ArentFox Schiff

Consumer Protection In The New Economy: Privacy Cases In E-Commerce Transactions or Social Media Activities

ArentFox Schiff on

As we face mounting data breaches and fears over loss of privacy, the article notes that, “as the public opinion evolves and increasingly concludes that merely possessing private data puts consumers at risk, consumers may...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - July 2019

In this month's edition of our Privacy & Cybersecurity Update, we examine New York's new laws expanding consumer protection for data breaches, the D.C. Circuit's two rulings deepening the split regarding standing in data...more

Bradley Arant Boult Cummings LLP

Injury-in-Fact vs. Actual Damages — Avoiding a Jurisdictional Sideshow in Data Breach Class Actions by Challenging Damages, Not...

Following the Supreme Court’s ruling in Spokeo v. Robins, which held that federal plaintiffs alleging a statutory violation must have suffered a real, concrete injury in order to have Article III standing, many defendants...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - March 2018

In this month's edition of our Privacy & Cybersecurity Update, we discuss all 50 states now having data breach notification laws, state attorneys general and their opposition to a federal data breach notification law, the FBI...more

Bradley Arant Boult Cummings LLP

FACTA Cases Continue to Present Ideal Targets for Spokeo Challenges-Eleventh Circuit Defendants Take Particular Notice

We’ve already written about Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), in which the Supreme Court reaffirmed that all federal plaintiffs, even those alleging a statutory violation, must have suffered a real, concrete...more

K&L Gates LLP

Risky Business: Whether an Increased Risk of Harm Supports Legal Standing in Data Breach Class Actions Continues to Divide Federal...

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Every data breach class action in federal court must confront a threshold question: has the plaintiff alleged a sufficient “injury in fact” to establish Article III standing? The inquiry frequently focuses on whether a...more

Mintz - Privacy & Cybersecurity Viewpoints

Supreme Court Declines to Address Circuit Split on Data Breach Standing Issue

A circuit split on whether actual misuse of personal data is required to have standing to assert data breach claims remains unresolved. Last week the Supreme Court rejected a petition to review that issue in CareFirst v....more

Ballard Spahr LLP

U.S. Supreme Court Rejects Second Bid for Review in Spokeo

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The U.S. Supreme Court on Monday denied the petition for certiorari seeking review of the U.S. Court of Appeals for the Ninth Circuit's most recent decision in Spokeo v. Robins (Spokeo II), foregoing an opportunity to clarify...more

McGuireWoods LLP

Spokeo Standing in 2017

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With the year ending, and McGuireWoods’s webinar next week on class actions’ Hot Issues of 2017 approaching, this seems like a good time to take note of a few of the trends we have seen arising in class actions over the last...more

Wilson Sonsini Goodrich & Rosati

Class Action Standing and Data Breaches: When Is There an Injury-in-Fact?

The biggest question looming over every class-action case filed in response to a data breach is: Will the plaintiffs have standing? The answer has divided courts in recent cases across the country....more

Fisher Phillips

Spokeo Speedwagon: Employers Forced To Take Privacy Breach Cases On The Run

Fisher Phillips on

By now, most everyone has heard it from a friend who, heard it from a friend who, heard it from another about the U.S. Supreme Court’s 2016 decision in Spokeo, Inc. v. Robins. It is the case being cited across the country in...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - September 2017

In this month's edition of our Privacy & Cybersecurity Update, we take a look at the first annual review of the Privacy Shield by U.S. and EU officials, and the Federal Trade Commission's first actions alleging Privacy Shield...more

Morrison & Foerster LLP

Financial Services Report - Fall 2017

EDITOR’S NOTE - Through hurricanes, wild fires, the publication of Hillary Clinton’s book, the birth of Amal and George Clooney’s twins, and the Dodgers’ historic losing streak, Director Richard Cordray and the CFPB’s...more

Wilson Sonsini Goodrich & Rosati

Ashley Madison: Life Is Short. Settle.

On July 21, 2017, Judge John A. Ross of the U.S. District Court for the Eastern District of Missouri issued a preliminary approval of a settlement agreement between the owner of AshleyMadison.com and the class representing...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - August 2017

Ninth Circuit Finds in Spokeo Remand That Certain Statutory Violations Can Satisfy Article III’s Standing Requirement - In a highly anticipated decision, the Ninth Circuit ruled that violations of the Fair Credit Reporting...more

Eversheds Sutherland (US) LLP

Stand Up, Sit Down, Stand Up: Ninth Circuit Revives Spokeo No-injury Suit

In a decision surely welcomed by the plaintiffs’ bar, the US Court of Appeals for the Ninth Circuit held, on August 15, 2017, that a putative class action plaintiff has Article III standing as long as the plaintiff alleges...more

Akin Gump Strauss Hauer & Feld LLP

9th Circuit Clarifies Standard For Article III Standing Based On Statutory Violations

On August 15, 2017, the 9th Circuit, in Thomas Robins v. Spokeo, Inc., reversed the district court’s dismissal of an action alleging willful violations of the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 et seq. The 9th...more

Foley Hoag LLP - Security, Privacy and the...

Mistake in Your Credit Report? The Latest Spokeo Decision Suggests You May Have A Case.

In the 9th Circuit’s August 15, 2017 decision in Robins v. Spokeo, the latest in the long-running legal debate about when a consumer cause of action exists for a data breach, the 9th Circuit has declared that inaccuracies in...more

Fisher Phillips

D.C. Circuit Concludes Heightened Risk of Future Identity Theft Enough for Standing in Data Breach Class Action

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Much to the dismay of companies, on August 1, 2017, the U.S. Court of Appeals for the D.C. Circuit made it easier for plaintiffs, and their attorneys, to bring class action data breach cases. In Attias v. CareFirst, Inc.,...more

Fisher Phillips

Q: Could You Be Dragged Into Court For A Company Data Breach? A: It Depends

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This same time last year, many in the business community were eagerly anticipating the U.S. Supreme Court’s ruling in Spokeo, Inc. v. Robins, which was to decide the standard that should be applied to determine whether...more

Fenwick & West LLP

Intellectual Property Bulletin - Winter 2017

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A Smooth Patch in a Rough Road? Governmental Transition and Intellectual Property - Whenever a new Congress convenes, some IP issues come to the fore while others take a back seat. Transition to a new administration in the...more

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