News & Analysis as of

Data Breach Motion to Compel

Carlton Fields

Ninth Circuit Upholds Decision Compelling Arbitration Based on Terms of Use in Hyperlinks

Carlton Fields on

The Ninth Circuit Court of Appeals recently upheld a decision compelling arbitration based on an arbitration provision in website “terms of use,” even though those terms were in a hyperlink....more

Mintz - Privacy & Cybersecurity Viewpoints

Another Court Orders Production of Cybersecurity Firm’s Forensic Report in a Data Breach Case

Another district court just ordered the defendant in a data breach class action to turn over the forensic report it believed was entirely protected from disclosure by the attorney-client privilege and work product doctrine....more

Akin Gump Strauss Hauer & Feld LLP

Update: Protecting Privilege: Top 10 Checklist for Cybersecurity Forensic Investigation Reports

In ongoing multidistrict litigation concerning Capital One’s 2019 data breach, Capital One succeeded in defeating a motion to compel disclosure of a privileged root cause analysis conducted by PwC. In contrast to an earlier...more

Akin Gump Strauss Hauer & Feld LLP

Protecting Privilege: Top 10 Checklist for Cybersecurity Forensic Investigation Reports

- In ongoing multidistrict litigation concerning Capital One’s 2019 data breach, Capital One succeeded in defeating a motion to compel disclosure of a privileged root cause analysis conducted by PwC. - In contrast to an...more

Carlton Fields

Determining Whether “Clickwrap Agreement” Provides “Reasonable Notice” of an Arbitration Agreement Is a Fact-Intensive Inquiry

Carlton Fields on

Timothy Hidalgo sued the Amateur Athletic Union of the United States Inc. (AAU) on behalf of a purported class for damages emanating from a data breach suffered by the AAU. The court granted the AAU’s motion to compel...more

Proskauer - New Media & Technology

Browsewrap Terms Enforced Due to Customer Knowledge of Existence of Terms

Last month, a California district court granted a web-based service’s motion to compel arbitration of a putative class action brought by a user whose personal information was allegedly accessed in a massive 2016 data breach...more

Carlton Fields

Case Alleging That Barnes & Noble Wrongfully Shared Customer Information With Facebook Ordered To Arbitration

Carlton Fields on

Plaintiff filed a class action against Barnes & Noble in the Southern District of New York, alleging that it violated her privacy by sharing information about her purchases with Facebook. Barnes & Noble moved to compel...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Privacy & Cybersecurity Update - April 2017"

In this edition of our Privacy & Cybersecurity Update, we examine a district court ruling against Wendy's that continues a shift toward an increase in merchants' data protection responsibilities and the Article 29 Working...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Privacy & Cybersecurity Update - March 2017"

In this edition of our Privacy & Cybersecurity Update, we discuss the Congressional vote to repeal the FCC Privacy Rule, new cybersecurity developments from the Trump administration and the FTC's new guidance to companies on...more

Butler Snow LLP

Why Every Data Breach Response Plan Should Involve Outside Counsel

Butler Snow LLP on

The importance of retaining outside counsel after a data breach was recently underscored in the Target data breach class-action litigation filed by the financial institutions. Plaintiffs filed a motion to compel Target to...more

King & Spalding

Attorney-Client Privilege and Work-Product Doctrine Shield Forensic Data Breach Consultant’s Communications and Documents from...

King & Spalding on

October 23, 2015, Magistrate Judge Jeffrey J. Keyes of the United States District Court for the District of Minnesota determined that the attorney-client privilege and the work-product doctrine shielded from disclosure...more

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