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The growing prevalence of data breaches has led to an uptick in class action litigation based on consumers' personal information allegedly being accessed. A common theme emerging in these lawsuits is plaintiffs claiming that...more
On April 26, 2021, the Second Circuit considered—for the first time in a published decision—the question of Article III standing in the context of a data security case. In McMorris v. Carlos Lopez & Associates LLC, the court...more
The Federal Trade Commission (FTC) continues to put emphasis on the importance of corporate board involvement in privacy and data security. Corporate Boards: Don’t Underestimate Your Role in Data Security Oversight - The...more
Consumer data breach class actions, for all of their popularity on dockets and especially in headlines, can make difficult cases for plaintiffs. Issues like standing and damages often keep these cases from getting off the...more
As we head into the new week, here’s a quick summary of major data security developments from around the country. Aetna Hit With Second “Envelope” Lawsuit - Aetna Inc. is now facing a second lawsuit over the disclosure...more
Several recent federal court decisions have shed additional light on the still-unsettled question of when a plaintiff has Article III standing to sue based on a data breach or other data security or privacy event. These...more
Seventh Circuit Decision May Make It Easier for Class Action Plaintiffs to Establish Standing in Data Breach Cases - The Seventh Circuit has issued a decision that could make it much easier for class action plaintiffs to...more
In an unusual turn for recent data breach class action cases, the Seventh Circuit this week found that a likely threat of identity theft is sufficient for a proposed class to have standing to sue Nieman Marcus for a...more