Snatching victory of a sort from the jaws of defeat, shareholders who brought a derivative action alleging that the 2014 Home Depot data breach resulted from officers’ and directors’ breaches of fiduciary duties have reached...more
5/2/2017
/ Appeals ,
Breach of Duty ,
Corporate Counsel ,
Corporate Governance ,
Cybersecurity ,
Data Breach ,
Derivative Suit ,
Fiduciary Duty ,
Home Depot ,
Popular ,
Settlement ,
Shareholders
When data thieves steal payment card data, consumers suffer no legally cognizable injuries. Card issuers absorb the fraudulent charges and replace the affected cards. Because fraudulent charges are not billed to consumers,...more
4/24/2017
/ Actual Injuries ,
Corporate Counsel ,
Corporate Liability ,
Data Breach ,
Debit and Credit Card Transactions ,
Fraudulent Charges ,
Hotels ,
Identity Protection Services ,
Personally Identifiable Information ,
Popular ,
Standing
Remember this? -
“Wetware” – coder slang for biological life forms (i.e., people) – is the weak link in most companies’ data security protections, according to a new data security report issued by the Association of...more
A Massachusetts Superior Court judge held that a plaintiff has standing to sue for money damages based on the mere exposure of plaintiff’s private information in an alleged data breach. The court concluded that the plaintiff...more
Home Depot has staked its defense of consumer claims arising from the 2014 theft of payment card data from the home improvement retailer on the asserted absence of injuries sufficient to confer standing to sue. Because...more
6/4/2015
/ Article III ,
Class Action ,
Corporate Counsel ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Home Depot ,
Jurisdiction ,
Popular ,
Standing ,
Target
Senior U.S. District Court Judge Paul Magnuson issued an order on Thursday, May 7 denying a request by counsel for card issuer banks to enjoin the settlement of data breach related claims negotiated between Target and...more
In a recently-released Form 8-K filing announcing fourth quarter and year-end financial results, Target Corporation reported that expenses incurred in 2014 relating to its 2013 data breach totaled over $191 million. Those...more
By now (unless you have been under a snow drift), you have likely heard about the apparent intrusion into a database at the nation’s largest health insurer, Anthem, Inc. Rather than reiterate the facts as currently known...more
2/11/2015
/ Anthem Blue Cross ,
Corporate Counsel ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Health Insurance ,
Insurance Industry ,
Personally Identifiable Information ,
Popular ,
Risk Mitigation
. . . still more privacy litigation. In 2015, we are likely to see further development of the law in data breach class actions, continuing growth in statutory privacy claims, and increased risk of privacy-related claims...more
Federal District Judge Paul Magnuson has ruled that banks that issued credit and debit cards to customers whose data was stolen in the December 2013 Target data breach could continue to litigate claims against Target for...more