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Class Action Data Breach Putative Class Actions

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.
Alston & Bird

Class Action & MDL Roundup 2024 Q1 – Reaching Across the Pond

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Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the first quarter of 2024. In this edition, UK High Court weighs in on information asymmetry, debit is better than credit,...more

Stark & Stark

Cybersecurity Lawsuit Against NJ Hospitals After Data Breach

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Healthcare providers are responsible for guarding the health and well-being of their patients. Still, they also have an essential duty to protect the personal information they collect in the process....more

Alston & Bird

Class Action & MDL Roundup 2023 Q3 - Catching the Class Action Waive(r)

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Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the third quarter of 2023. In this edition, a mistake is just a mistake, “99.99%” isn’t 100% clear, and faxes aren’t always...more

Kilpatrick

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

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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

Alston & Bird

Class Action & MDL Roundup 2022 Q2: Directing physical loss and damage

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Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the second quarter of 2022. In this edition, fail-safe classes fail, consumers smoke a motion to dismiss, and you can’t bring...more

Dechert LLP

Dechert Cyber Bits - Issue 21

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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

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

BakerHostetler

DSIR Deeper Dive: Class Certification Jurisprudence

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Over the years, there have been very few class certification rulings in actions arising from data breach incidents. Of those that have been published, most have favored the defense....more

Alston & Bird

Payments Docket - June 2022

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Welcome to the first edition of the Payments Docket, our roundup of key litigation involving the payment industry. This edition features a stolen cell phone number used to buy cryptocurrency, a pair of class actions accusing...more

ArentFox Schiff

Class Action Quarterly Update: Privacy and Data Protection

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Second Circuit Denies Settlement of Data Breach Case Due to Lack of Standing - As we previously reported, in April 2021, the Second Circuit became the latest federal circuit to hold that an individual may establish Article...more

Clark Hill PLC

Courts Look Unfavorably on Recent Class Actions Arising Out of Ransomware Attacks

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As more and more ransomware attacks affect companies large and small, such as the recent, well-known attacks on the Colonial Pipeline and the meat processing company JBS, industrious plaintiffs’ counsel will continue to...more

Womble Bond Dickinson

Central District of California Rejects Class Claims, Finding That Disclosure of All Data Is Not Required Under FCRA Section...

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On November 18, 2020, the United States District Court for the Central District of California (the “Central District”) dismissed the First Amended Complaint of putative class representatives asserting a FCRA claim against...more

Knobbe Martens

Data Breach: No Injury-in-Fact, Case Dismissed

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It well known that there are, unfortunately, many data breaches that frequently put private citizens’ data privacy in jeopardy. States have passed a variety of statutes aimed at addressing this problem in an attempt to...more

Mintz - Privacy & Cybersecurity Viewpoints

A New CCPA Data Breach Lawsuit Is “Minted”

Online stationery and craft company Minted Inc. has been hit with a CCPA class action lawsuit, stemming from a massive data breach the company disclosed in late May. The proposed class action lawsuit, filed in a California...more

Bilzin Sumberg

With Consumer Protection Class Actions On the Rise, Is the Financial Services Industry in the Crosshairs?

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Lawyers or business people who feel they have been hearing about a lot more consumer protection class actions lately have good reason for that feeling. A recent report by Lex Machina, part of LexisNexis, highlights an...more

BCLP

2019 Data Breach Litigation Report

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Both 2017 and 2018 saw several high-profile companies suffering large data breaches affecting tens of millions of people. News outlets and social media made quick work of headlines and consumers were reminded, yet again, that...more

Searcy Denney Scarola Barnhart & Shipley

United States Judicial Panel on Multidistrict Litigation – January 2019 Hearing Session Preview

The next hearing session of the United States Judicial Panel on Multidistrict Litigation (“JPML”) is scheduled for January 31, 2019 in Miami, Florida. Six matters are set for oral argument to consider motions to transfer each...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

Manatt, Phelps & Phillips, LLP

Advertising Law - May 2017 #4

NAD Watches Paint Dry, Sides With Advertiser - The Sherwin-Williams Co. does not need to change the name of its “CoverMaxx” spray paints, the National Advertising Division of the Better Business Bureau said after...more

Carlton Fields

The Future of Standing in Data Breach Class Actions

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In today’s world, as technology costs decrease and personal information becomes more valuable on the black market, data breaches have seemingly joined the ranks of death and taxes as certainties. Add to that litigation:...more

Nossaman LLP

IRS Data Breach Class Action Dismissed

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Last week, the Internal Revenue Service successfully defeated a putative class action related to a data breach it suffered in 2015. The D.C. District Court’s decision dismissing the suit demonstrates the high bar required to...more

Jackson Walker

Class Action Report - October 2016

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As the Supreme Court begins its new term, the trajectory of its recent class certification guidance will be a key issue for many. The spring and summer of 2016 delivered significant new contours in class certification...more

K2 Integrity

6th Circuit “Stands” Up for Plaintiffs in Data Breach Suit

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A recent decision by the U.S. Sixth Circuit Court of Appeals lowers the threshold for standing in data breach cases, giving data breach victims an easier path to sue the companies from which their data was stolen. Adam Frey...more

Ballard Spahr LLP

Plaintiffs Cannot Bring Data Breach Lawsuits Without Evidence That Information Will Be Used To Harm

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The latest development in how American courts will handle the standing question for data breach class actions came last week when the U.S. District Court for the District of Columbia dismissed for lack of standing a putative...more

Carlton Fields

Another One Bites the Dust: Maryland Federal District Court Dismisses Putative Data Breach Class Action for Lack of Standing

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The United States District Court of Maryland recently dismissed a putative class action alleging that CareFirst’s failure to adequately secure the computer hardware storing their customers’ personal information led to two...more

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