News & Analysis as of

Class Action Appeals Cybersecurity

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Pierce Atwood LLP

Federal Courts in the First Circuit Continue to Grapple with Privacy Class Action Claims

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In 2023, we discussed the uptick in data privacy and cybersecurity class action lawsuits; as expected, this trend has persisted throughout 2024 as plaintiffs continue to test new theories of liability and the boundaries of...more

Pierce Atwood LLP

Supreme Court Declines to Take Up Circuit Split on Whether Courts May Grant Class Certification by Averaging Different Class...

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On April 29, 2024, the Supreme Court issued an Order List indicating that certiorari had been denied in Brinker International, Inc. v. Steinmetz, Docket No. 23-648. The Eleventh Circuit Brinker Decision - Brinker was...more

Genova Burns LLC

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

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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

Smith Anderson

Marriott Investor’s Security Fraud Claims Arising from Data Breach Rejected by Fourth Circuit

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The Fourth Circuit dismissed an investor’s lawsuit against a hotel chain that had been subject to a data breach, ruling that the company had not made false or misleading public statements about its protection of customer...more

White & Case LLP

UK Supreme Court dismisses data protection class action claim

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The Supreme Court of the United Kingdom has delivered its long-awaited decision in the case of Lloyd [2021] UKSC 50, rejecting an attempt to bring a representative claim for compensation for "loss of control" over personal...more

Faegre Drinker Biddle & Reath LLP

Second Circuit Addresses Critical Issue in Data Breach Class Actions: Article III Standing Based on Allegations of Future Misuse...

On April 26, 2021, the Second Circuit Court of Appeals decided the case of McMorris v. Carlos Lopez & Assocs., No. 19-4310, 2021 WL 1603808 (2d Cir. Apr. 26, 2021) and addressed one of the most critical issues in private data...more

Faegre Drinker Biddle & Reath LLP

The Eleventh Circuit Finds that Potential Future Misuse of Personal Information Does Not Confer Article III Standing in Data...

On February 4, 2021, the Eleventh Circuit Court of Appeals issued a critical opinion addressing Article III standing in private data breach actions, which has been the subject of a closely watched circuit split. The case,...more

Orrick, Herrington & Sutcliffe LLP

ICO Fines: When Is An Appeal Appealing?

The decision to appeal a regulatory finding is never taken lightly. By the time a regulator has completed its investigation and notified a company of its intention to fine, the company will have invested significant time and...more

Hogan Lovells

International Products Law Review 2020: Issue 76

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We are excited to bring you issue 76 of our International Products Law Review with insights and updates on all aspects of products law. In this issue, we explore what businesses need to consider when making climate-related...more

Hogan Lovells

International Products Law Review 2019: Issue 75

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We are excited to bring you the latest issue of our International Products Law Review with insights and updates on all aspects of products law. In this issue, we explore the trustworthiness of AI, a consumer whistleblowing...more

Bradley Arant Boult Cummings LLP

Another Punt: The Supreme Court Denies Certiorari in the Zappos Case

We wrote recently about how the certiorari petition in Zappos.com, Inc. v. Stevens was a possible vehicle to put the question of standing in data breach cases back before the Supreme Court. Alas, the Court denied the...more

Sheppard Mullin Richter & Hampton LLP

Supermarket Held Vicariously Liable in UK’s First Data Leak Class Action

UK supermarket chain Morrisons has been held vicariously liable for the acts of a malicious employee in the UK’s first data leak class action. The issue began in 2014, when a disgruntled Morrison’s internal IT auditor posted...more

Fenwick & West LLP

Appellate Court Lowers Pleading Requirements for Standing in Optometrists’ Data Breach Suit

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The U.S. Court of Appeals for the Fourth Circuit has found that allegations that fraudsters used the personal information of data breach victims are sufficient to establish standing even without any fraudulent charges...more

Holland & Knight LLP

Food and Beverage Law Update: June 2018

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Wage and Hour - Decision Upholds Class Action Waivers in Arbitration Clauses, Resolves Circuit Split - The U.S. Supreme Court issued a long-awaited decision in Epic Systems Corp. v. Lewis on May 21, 2018, holding that...more

Harris Beach PLLC

The Seventh Circuit Weighs In On Standing

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Yesterday the United States Court of Appeals for the Seventh Circuit weighed in on the consumer class action standing issue. The court found that Barnes & Noble customers have standing to pursue a class action concerning the...more

Ballard Spahr LLP

Fiat Chrysler Car Hacking Case Put In Neutral

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Plaintiff lawyers’ continued search for damage theories to assert in claims arising from a data breach – or fear of a breach – received a potential setback this week when Chief Judge Michael Reagan of the United States...more

Harris Beach PLLC

Can't This Just Be Over? Standing In Cybersecurity Claims

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In August, the United States Court of Appeals for the DC Circuit revived a class action lawsuit, holding that the threat of harm from a data breach is enough to satisfy the "injury in fact" standing requirement. Attias v....more

Benesch

Eighth Circuit Vacates Data Breach Class Action Settlement; Gently Rebukes Trial Court

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Target Corporation announced a data breach in 2013, which occurred, as it noted in an SEC filing, when “an intruder stole certain payment card and other guest information from [its] network.” Estimates as to the number of...more

Ballard Spahr LLP

Eighth Circuit Remands Proposed Settlement in Target Data Breach Class Action

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The Eighth Circuit Court of Appeals has remanded a $10 million settlement in the Target data breach class action on the grounds that the district court had not rigorously analyzed the propriety of the class certification. ...more

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