News & Analysis as of

Class Action Data Breach Hackers

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.
Robinson+Cole Class Actions Insider

Attorneys’ Fees Award in Data Breach Class Action Settlement Reversed by Eighth Circuit

These days it seems like nearly every data breach results in a multitude of class action filings. Some of these cases settle quickly with minimal litigation. In such a case, the Eighth Circuit recently reversed an attorneys’...more

Epiq

Looking at Data Breach and Class Action Exposure Through a Single Lens

Epiq on

There has been a spike in data breach class actions this year. According to a study by Law.com Radar, the monthly average of data breach class actions was 44.5 from January through August. This figure is more than double of...more

Robinson+Cole Data Privacy + Security Insider

Advocate Aurora Health to Pay $12.25 Million Settlement for Data Breach Class Action

In October 2022, Advocate Aurora Health notified 3 million individuals of a data breach resulting from its use of tracking pixels on its website for tracking website visitor activity. Now, this month, Advocate Aurora Health...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

Latham & Watkins LLP

Europäischer Gerichtshof ebnet den Weg für Massenklagen im Datenschutz

Latham & Watkins LLP on

Der Europäische Gerichtshof („EuGH“) legt die Anforderungen für Schadensersatz nach Art. 82 EU Datenschutz-Grundverordnung („DSGVO“) in einem neuen Urteil weit aus (Urteil vom 4. Mai 2023, C-300/21). Zwar trifft der EuGH...more

Cozen O'Connor

No Action for Theft of Personal Information Without Loss

Cozen O'Connor on

Theft of personal information does not by itself entitle the victim to damages in Canada; proof of loss or harm is required, the Alberta Court of Appeal held recently in Setoguchi v Uber BV. This, and other recent decisions,...more

Kilpatrick

Data breach class actions: District of Massachusetts dismisses complaint for failure to allege injury-in-fact

Kilpatrick on

Takeaway:  We have written a number of articles about standing issues arising in data breach class actions.  See, e.g., Data breach class actions: Third Circuit sets out parameters for Article III injury-in-fact (Oct. 27,...more

Kilpatrick

Data breach class actions: Third Circuit sets out parameters for Article III injury-in-fact

Kilpatrick on

Takeaway:  We have written a number of articles about the kinds of intangible injuries that confer Article III standing in the data breach and credit reporting contexts.  See Data breach class actions: Southern District of...more

Dechert LLP

Dechert Cyber Bits - Issue 21

Dechert LLP on

US Federal Appellate Court Issues Opinion on Proof of Injury in Data Breach Cases - On September 2, 2022, the U.S. Court of Appeals for the Third Circuit reinstated a class action lawsuit that had previously been dismissed...more

Robinson+Cole Data Privacy + Security Insider

ParkMobile Can’t Escape Data Breach Class Action

The class action lawsuit will continue against ParkMobile LLC for a data breach that affected 21 million users of the parking app (Baker v. ParkMobile LLC).The ParkMobile app allows users to pay for parking without having to...more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - August 2022 #2

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CYBERSECURITY - Twilio Hit with Social Engineering Smishing Scheme - We’ve explained smishing schemes before. Smishing is like phishing, but uses SMS texting to deliver malicious code to users’ phones, or tricks the user...more

Sheppard Mullin Richter & Hampton LLP

Wegmans Settles With NYAG for $400,000 Over Data Incident

The New York Attorney General recently announced a data security-related settlement with Wegmans Food Markets. The issue arose in April 2021 regarding a cloud-based incident. At that time a security researcher notified...more

Robinson+Cole Data Privacy + Security Insider

San Diego Family Care Settles Data Breach Class Action for $1 Million

Recently, San Diego Family Care (SDFC) settled a class action related to a 2020 data breach for $1 million. The class includes all SDFC patients (or their parents/guardians) who received a breach notification in May 2021....more

Kilpatrick

Data breach class actions: Southern District of New York dismisses action against health care providers for lack of standing

Kilpatrick on

Takeaway: In a prior article, we reported on the Second Circuit’s decision in McMorris v. Carlos Lopez & Associates, LLC, 995 F.3d 295 (2d Cir. 2021), in which the court, ruling on an issue of first impression, set out a...more

Robinson+Cole Data Privacy + Security Insider

IT Staffing Company Settles Data Breach Class Action

Artech Information Systems settled a data breach class action this week for an incident that occurred in January 2020. Artech will pay up to $10,000 to each individual affected by the breach, based on a tiered payment system....more

Bilzin Sumberg

Recent Settlements and Penalties Show Perils of Data Breaches

Bilzin Sumberg on

Two major U.S. financial institutions, Morgan Stanley and Capital One, recently agreed to resolve separate class action lawsuits by paying, in the aggregate, hundreds of millions of dollars in compensation for massive data...more

Robinson+Cole Data Privacy + Security Insider

If Your Disclosure of a Data Breach Was “Late,” You May Have to Litigate

A professional accounting firm in Illinois received an unwanted holiday “gift” in the form of a class action complaint stemming from its alleged failure to secure personally identifiable information (PII) and to timely notify...more

Fox Rothschild LLP

Planned Parenthood Los Angeles Data Breach Coincides with Spotlight on Roe v. Wade

Fox Rothschild LLP on

According to this article, 2021 has been a “particularly dire year” for health care data breaches. So, it may not seem shocking that a hacker gained access to the protected health information of approximately 400,000...more

Robinson+Cole Data Privacy + Security Insider

Class Action Against Shopify Dismissed for Lack of Jurisdiction

The U.S. District Court for the Northern District of California dismissed a consumer class action against Ledger SAS’s e-commerce vendor Shopify Inc. because of its locale – Shopify is headquartered in Ottawa, Canada. Judge...more

Robinson+Cole Data Privacy + Security Insider

FabFitFun Settles Class Action for $625,000 for Alleged Data Security Failures

FabFitFun, a fashion and beauty subscription service, settled claims that it failed to adequately protect and secure consumer data resulting in a data breach for a sum of $625,000 in the U.S. District Court for the Central...more

Cozen O'Connor

Statement Of Work Can Make Or Break Discoverability Of Data Breach Report

Cozen O'Connor on

A recent decision from a federal court in Pennsylvania highlights the importance of a carefully crafted statement of work (“SOW”) when commissioning an investigative report in response to a data security breach. A convenience...more

Kilpatrick

M.D. Pa. orders the production of cybersecurity report in data breach class action

Kilpatrick on

Takeaway: Counsel for companies that suffer a data breach often hire an outside cybersecurity firm to remediate the breach and assist counsel in preparing for and defending against litigation. These companies typically take...more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - August 2021 #3

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CYBERSECURITY - T-Mobile Clarifies Facts of Security Incident in Press Release - There has been a flurry of reporting in the past few days on the T-Mobile customer data compromise, with allegations that the compromise...more

Robinson+Cole Data Privacy + Security Insider

$2.35 Million Settlement in Dickey’s Barbecue Data Breach Class Action

This week, a proposed data breach class action against Dickey’s Barbecue Restaurants Inc.  was settled for $2.35 million in the U.S. District Court for the Northern District of Texas with approval of the settlement terms by...more

Tucker Arensberg, P.C.

UPMC Finally Settles Data Breach Lawsuit for $2.7 Million

Tucker Arensberg, P.C. on

UPMC’s employment records were hacked by criminals in 2014. A civil class action lawsuit was filed on behalf of approximately 66,000 employees, and criminal cases were filed by federal prosecutors against a number of...more

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