News & Analysis as of

Data Breach Data Protection Negligence

Robinson+Cole Data Privacy + Security Insider

David’s Bridal Hit with Class Actions Over Two Data Breaches

This week, two class actions were filed in the U.S. District Court for the Eastern District of Pennsylvania against David’s Bridal based on two data breaches. The actions allege that David’s Bridal failed to protect the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity - June 2023

In our June Privacy & Cybersecurity Update, we review new data privacy laws in Colorado, Connecticut, Florida and Montana; Verizon’s annual Data Breach Investigations Report; AM Best’s report on cyber insurance trends; and...more

Robinson+Cole Data Privacy + Security Insider

T-Mobile Sued for Data Breach of 37 Million Records

On January 22, 2023, T-Mobile was sued in federal court in California alleging negligence, unjust enrichment, breach of express contract, breach of implied contract, and invasion of privacy over the recently-disclosed data...more

Proskauer - Blockchain and the Law

Consumer Law Claims against French Crypto Asset Wallet Provider May Proceed in California Court

Customer lists held by providers and the personal information users enter to obtain digital wallets or set up crypto exchange accounts are enviable targets for hackers. Such data can be used to launch targeted phishing...more

Robinson+Cole Data Privacy + Security Insider

Mediant Communications Settles Data Breach Class Action Lawsuit

Last week, Mediant Communications Inc. (Mediant) settled a class action lawsuit in the U.S. District Court for the Southern District of New York stemming from a 2019 data breach in which hackers accessed 200,000 individuals’...more

Robinson+Cole Data Privacy + Security Insider

Another Data Breach Lawsuit for Lakeview Loan Servicing

A December 2021 breach of Lakeview Loan Servicing’s customer data has led to another proposed class action against the company in the U.S. District Court for the District of South Carolina. The breach affected the personal...more

ArentFox Schiff

Class Action Quarterly Update: Privacy and Data Protection

ArentFox Schiff on

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

Robinson+Cole Data Privacy + Security Insider

Presidio Employee Files Class Action Over Data Breach

North American IT company Presidio faces a proposed data breach class action by an employee for an incident involving employee data. Eric LaPrairie, a former Presidio employee, received a notice of a data breach from...more

Womble Bond Dickinson

Finding a Test for Reasonable Security Practices: Embrace Complexity and Specifics

Womble Bond Dickinson on

Most people have a warped and deeply unrealistic understanding of data security. There is no such thing as absolute security. For a thing to have value, you must be able to access the value – in effect, to use it. In order...more

Kilpatrick

Data breach class actions: Illinois federal court dismisses negligence claims for lack of common law duty and based on the...

Kilpatrick on

Takeaway: In a data breach class action, the typical panoply of claims asserted include tort claims (such as negligence and negligence per se), contractual claims (such as claims for breach of express and implied contracts),...more

Epiq

Salesforce Data Breach: Consumers Fight Back

Epiq on

California continues to lead on data privacy protection. Since the adoption of the California Consumer Privacy Act (CCPA), cracking down on data breaches and promoting consumer privacy has remained a priority in the state....more

Kilpatrick

Data breach class actions - Georgia Supreme Court finds allegations of imminent risk of identity

Kilpatrick on

Takeaway: A key issue in data breach litigation is whether a data breach plaintiff has alleged facts sufficient to establish a cognizable injury. In Collins v. Athens Orthopedic Clinic, P.A., S19G0007, 2019 WL 7046786 (Ga....more

Tucker Arensberg, P.C.

Pennsylvania Supreme Court Holds That Employers Have Duty to Protect Their Employees’ Data

Dittman v. UPMC, 196 A.3d 1036 (Pa. 2018).  The Pennsylvania Supreme Court holds that employers have a legal duty to use reasonable care to safeguard sensitive personal information of their employees when the employer chooses...more

Kilpatrick

Data Breach Class Actions - Georgia Supreme Court Rejects Duty to Safeguard Personal Information

Kilpatrick on

Takeaway: Plaintiffs in data breach class actions usually assert common law tort claims, such as claims for negligence, gross negligence, and negligence per se. Negligence claims, however, require the breach of a recognized...more

Fenwick & West LLP

Pennsylvania High Court’s Dittman Ruling Makes It Harder To Dismiss Data Breach Actions

Fenwick & West LLP on

The Pennsylvania Supreme Court recently held that employers have “a legal duty to safeguard” the personal data of their employees which is stored on internet-accessible computer systems and that the economic loss doctrine...more

K&L Gates LLP

Pennsylvania Supreme Court Holds Employers Have a Duty to Exercise Reasonable Care to Safeguard Sensitive Personal Information...

K&L Gates LLP on

To date, Pennsylvania has not adopted a comprehensive law specifying how sensitive personal information about individuals must be secured or the protections that holders of this information must use to minimize risk of...more

Bond Schoeneck & King PLLC

Employers May Be Liable for the Release of Employees' Personally Identifying Information in Data Breaches

It seems that reports of hackers breaching a business’s security measures to obtain customer information appear on an almost weekly basis. Unfortunately, businesses need to worry not only about the unauthorized access of...more

Saul Ewing LLP

Pennsylvania Supreme Court Recognizes Employers’ Duty to Safeguard Employees’ Personal Data

Saul Ewing LLP on

In a unanimous ruling that is sure to become a landmark in state litigation over data breaches, the Pennsylvania Supreme Court on November 21 held that “an employer has a legal duty to exercise reasonable care to safeguard...more

Snell & Wilmer

Pennsylvania Supreme Court Rules that Employers Have an Affirmative Duty to Protect Workers’ Personal Data from Cybercriminals:...

Snell & Wilmer on

In a landmark decision with far-reaching implication, the Pennsylvania Supreme Court recently held that employers have an affirmative duty to protect their employees’ personal information from criminal hacking. In particular,...more

Kilpatrick

Data breach class actions: Georgia appellate court again rejects negligence claim predicated on alleged duty to safeguard personal...

Kilpatrick on

Takeaway: Data breaches are now a fact of life, whether for card-carrying consumers or commercial entities victimized by hacking or otherwise required to deal with the consequences. Class action litigation often ensues, where...more

Patterson Belknap Webb & Tyler LLP

Follow the Money and Beware the Extra “L”: First Department Sustains Claims against Fund Administrator After Hackers Grab Millions

A legal feud is underway between the world’s biggest hedge fund administrator and a former client over an email scam that resulted in hackers stealing millions in client funds. And not surprisingly, the time-honored...more

Robinson+Cole Data Privacy + Security Insider

Mapco Express pays $1.9 Million in Data Breach Settlement

A Tennessee federal judge has approved a proposed settlement of up to $1.9 million to be paid by Mapco Express to individuals affected by a payment card data breach that occurred in 2013. Two banks alleged that Mapco...more

Orrick, Herrington & Sutcliffe LLP

Aravind Swaminathan Weighs in on Proposed Cybersecurity Regulations for Financial Institutions

Aravind Swaminathan, global co-chair of Orrick’s Cybersecurity & Data Privacy team, recently spoke with Global Investigations Review regarding new plans proposed by New York’s Department of Financial Services that will...more

Zelle  LLP

Employee Health Information: Separate and Secure

Zelle LLP on

There are several reasons an employer might have employee health information, ranging from the results of a pre-employment physical to the contents of a request for FMLA leave to what’s written in a health provider’s note...more

McGuireWoods LLP

Draft Kings Class Action Argues Data Leak Revealed “Insider Trading” – But Can Case Survive Arbitration Clause?

McGuireWoods LLP on

Draft Kings and Fan Duel, competing daily fantasy sports (DFS) sites, have been vying for attention by flooding the airwaves with a reported 60,000 commercials this year. However, a recent data leak has resulted in less...more

32 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide