News & Analysis as of

Class Action Cybersecurity Data Privacy

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.
Constangy, Brooks, Smith & Prophete, LLP

Good news for businesses: NYS courts will dismiss data breach class actions for lack of concrete harm to plaintiff

Data breaches have become a serious issue for businesses, leading to numerous putative class action lawsuits alleging that the defendants failed to prevent the unauthorized disclosure of personally identifiable information or...more

Mayer Brown

2024 Cyber Litigation Legal Update – What Your Business Needs To Know

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By now, companies across all industries have become familiar with the lifecycle and stages of a ransomware incident. Generally, once an attack is contained, remediation and rebuilding will follow. Shortly after, the crisis...more

Bennett Jones LLP

Judicial Economy, Access to Justice and Certainty in the Law

Bennett Jones LLP on

The Supreme Court of Canada’s Denial of Leave to Appeal in the Intrusion Upon Seclusion Trilogy - On July 13, 2023, the Supreme Court of Canada denied leave to appeal from three Ontario Court of Appeal decisions declining...more

Pierce Atwood LLP

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

Pierce Atwood LLP on

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

Clark Hill PLC

Right To Know - July 2024, Vol. 19

Clark Hill PLC on

Cyber, Privacy, and Technology Report - Welcome to your monthly rundown of all things cyber, privacy, and technology, where we highlight all the happenings you may have missed....more

Robinson+Cole Data Privacy + Security Insider

Tennessee Passes Law Restricting Data Breach Class Action Suits

Tennessee Governor Bill Lee signed legislation on May 22, 2024, that will shield private entities from class action lawsuits stemming from a cybersecurity event unless the event was caused by willful, wanton, or gross...more

Jenner & Block

Websites and Wiretap Laws: Emerging Trends in Privacy Class Action Litigation Risks

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As an onslaught of recent class actions allege, companies may be liable for eavesdropping and wiretapping based on the use of common analytics software on their platforms. For instance, in California, plaintiffs have filed...more

Clark Hill PLC

The Learned Concierge - May 2024, Vol. 8

Clark Hill PLC on

The Learned Concierge - Welcome to your monthly legal insights on the trends impacting the Retail, Hospitality, and Food & Beverage Industries....more

Pierce Atwood LLP

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

Pierce Atwood LLP on

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

Clark Hill PLC

Right To Know - March 2024, Vol. 15

Clark Hill PLC on

Cyber, Privacy, and Technology Report - Welcome to your monthly rundown of all things cyber, privacy, and technology, where we highlight all the happenings you may have missed....more

Kilpatrick

Ninth Circuit kicks data breach class actions against sporting goods retailers to arbitration

Kilpatrick on

The Ninth Circuit recently affirmed a district court’s decision to grant motions to compel arbitration and dismiss without prejudice six putative class actions against sporting goods retailers based on “sufficiently...more

Goodwin

2023 Year in Review: Data Privacy and Cybersecurity

Goodwin on

Welcome to the Data Privacy and Cybersecurity chapter of our annual report Consumer Financial Services 2023 Year in Review. Looking Ahead to 2024 - Amendments to key rules and regulations will take effect in 2024,...more

Jackson Lewis P.C.

Top 10 for 2024 – Happy Data Privacy Day!

Jackson Lewis P.C. on

To celebrate Data Privacy Day (January 28), we present our top ten data privacy and cybersecurity predictions for 2024. 1. AI regulations to protect data privacy. Automated decision-making tools, smart cameras, wearables,...more

Kilpatrick

Ninth Circuit Affirms Dismissal of Shopify Data Privacy Class Action Based on Lack of Personal Jurisdiction Over Online Payment...

Kilpatrick on

In a jurisdictional win for online servicers and web-based platforms, the Ninth Circuit affirmed the dismissal of a putative class action alleging that Shopify violated California privacy and unfair competition laws by...more

Perkins Coie

Security Breach Notification Chart - September 2023

Perkins Coie on

Perkins Coie's Privacy & Security practice maintains this comprehensive chart of state laws regarding security breach notification. The chart is for informational purposes only and is intended as an aid in understanding each...more

Jackson Lewis P.C.

Cybersecurity Awareness Month Series: The California Consumer Privacy Act and Cybersecurity

Jackson Lewis P.C. on

There are numerous cybersecurity regulations and requirements for businesses to worry about but they may not be considering their cybersecurity regulations under privacy statutes. California was at the forefront of privacy...more

Pierce Atwood LLP

New England Cybersecurity and Data Privacy Class Action Filings Soar in 2023

Pierce Atwood LLP on

Earlier in 2023, we launched our New England and First Circuit Class Action Tracker, as a tool to analyze class action litigation trends in Massachusetts, Maine, New Hampshire, and Rhode Island. In July, we updated our...more

White & Case LLP

AI Legal News Summer Roundup: Edition 3

White & Case LLP on

Welcome to the third edition of our AI Legal News Summer Roundup! After five class actions were filed between June 28 and July 11 (as reported on in our first edition of this series), on July 21, another class action lawsuit...more

Morgan Lewis

US, UK, and EU Collective Actions in the Privacy and Cybersecurity Space

Morgan Lewis on

Unlike the United States, the United Kingdom and, so far, the EU Member States do not all have domestic class action regimes or a cross-border class action regime (as detailed below), and instead have collective actions....more

Blank Rome LLP

Protecting Against Invasion of Privacy Chat Box Class Actions

Blank Rome LLP on

California has seen a recent surge of both class action and individual claims under the California Invasion of Privacy Act (“CIPA”) in which plaintiffs attack websites using “chat boxes”—live or automated instant messaging...more

Bennett Jones LLP

The Ontario Court of Appeal Confirms the Narrow Confines of the Tort of Intrusion Upon Seclusion

Bennett Jones LLP on

2022 continued to be positive for institutional clients involved in privacy breach class actions, with the Ontario Court of Appeal refusing to expand the tort of intrusion upon seclusion to impose liability on institutions...more

Orrick, Herrington & Sutcliffe LLP

ID verification provider to pay $28.5 million to settle BIPA allegations

On May 5, the U.S. District Court for the Northern District of Illinois preliminarily approved an amended class action settlement in which an identification verification service provider agreed to pay $28.5 million to settle...more

Foley & Lardner LLP

Product Liability Trends in the Automotive Industry

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Automobiles may be the most complex, essential and widely used consumer products in the world and every year they incorporate increasingly advanced technology into nearly every component and function. The advancing...more

Spilman Thomas & Battle, PLLC

Decoded: Technology Law Insights - V 4, Issue 3, March 2023

Amazon Sued for Not Telling New York Store Customers about Tracking Biometrics - “Thanks to a 2021 law, New York is the only major American city to require businesses to post signs letting customers know they’re tracking...more

Orrick, Herrington & Sutcliffe LLP

4th Circuit remands privacy suit to state court

On February 21, the U.S. Court of Appeals for the Fourth Circuit held that a proposed class action over website login procedures belongs in state court. Plaintiff alleged that after a nonparty credit reporting agency...more

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