News & Analysis as of

Data Security Class Action Negligence

HaystackID

Educational Institutions and Cloud Providers Grapple with Data Breach Challenges

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A series of recent cybersecurity breaches reveals significant vulnerabilities within educational and technology institutions, underscoring the urgent need for strengthened defenses. Among the most prominent incidents is the...more

Pierce Atwood LLP

2024 Second Quarter Class Action Update: Trends in First Circuit Class Actions

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We are pleased to present our second quarter 2024 update to the New England and First Circuit Class Action Tracker, which focuses on class action filings in state and federal courts within the boundaries of the First Circuit...more

Davis Wright Tremaine LLP

Litigation Preparedness Following a Data Breach: Three Tips to Consider During the Incident Response Period

Data breaches come in many different forms, sizes, and levels of complexity, but they tend to share certain key facts: A third-party bad actor—whether through a phishing attack, a ransomware attack, exploitation of a zero-day...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

Bilzin Sumberg

Zoom Settlement Will Likely Mute Federal Class Action Lawsuit over Data Privacy

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After months of litigation, Zoom Video Communications has agreed to pay $85 million to settle a proposed class action pending in the United States District Court for the Northern District of California....more

Kilpatrick

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

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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

Kilpatrick

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

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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

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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

Poyner Spruill LLP

Pennsylvania Supreme Court Permits Negligence Claim To Proceed In Data Breach Class Action - Will Other States Follow?

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In finding a common law duty to protect employees’ personal data, the Pennsylvania Supreme Court has unexpectedly, and dramatically, altered the contours of the data breach litigation landscape....more

Kilpatrick

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

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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

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

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

Nossaman LLP

Purchasing Cyber Insurance? Important Considerations from the Recent Nossaman/ UCI Cyber Symposium

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On October 12, 2015, Nossaman and UC Irvine hosted a Cyber Symposium at the City Club in Los Angeles. The event included four panels of Nossaman lawyers, UCI professors, and private professionals who are experts in the areas...more

McGuireWoods LLP

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

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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

Akerman LLP - Health Law Rx

Evolving Litigation of Data Breach Claims

An Illinois circuit court judge has dismissed five of six claims in a consolidated class action against Advocate Health and Hospital Corporation arising from a data breach in July 2013. The judge’s dismissal with prejudice...more

King & Spalding

Class In Session: Minnesota Federal Court Certifies Class In Target Corporation Data Breach Suit

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On September 15, 2015, a federal district court in Minnesota granted a motion for class certification of hundreds of credit unions and banks in an action against Target Corporation for damages stemming from the breach of...more

Bilzin Sumberg

Legal Insights on the Ashley Madison Hack: Part I

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Internet commenters and legal analysts alike are buzzing about the Ashley Madison hack. The website -- which billed itself as a networking site for anyone who wanted to discretely arrange an extramarital affair -- has already...more

Troutman Pepper

Employees Who Suffer Only Economic Losses From a Data Breach Cannot Sustain a Negligence Claim Against Their Employer

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Creating a private cause of action in negligence for data breaches could result in the filing each year of possibly hundreds of thousands of lawsuits by persons whose confidential information may be in the hands of third...more

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