Digging deeper into Google’s announcement that “its ad tools would no longer support individual tracking of users across websites starting in 2022,” a move that—with the site’s previously unveiled plans to stop supporting...more
Last week, the Department of Justice (“DOJ”) announced that Michaels Stores Inc. has agreed to pay $1.5 million in civil penalties to settle allegations that Michaels failed to file a timely report about a safety hazard...more
Early in May, the U.S. Court of Appeals for the Second Circuit in Whalen v. Michaels Stores, Inc., No. 16-260 (L) (2d Cir. May 2, 2017), affirmed the dismissal of a data breach class action brought against Michaels Stores...more
This week, the U.S. Court of Appeals for the Second Circuit issued an important decision in Whalen v. Michaels Stores, placing the court at the center of the controversy around what allegations are sufficient to establish...more
In the latest decision on Article III standing in a data breach case, the U.S. Court of Appeals for the Second Circuit ruled that a credit card holder – who neither pleaded specific facts about the time or effort spent...more
A New Jersey District Court followed Spokeo’s Article III standing analysis and dismissed claims by three putative class representatives against Michaels Stores. Plaintiffs claimed that Michaels’ online employment application...more
New decisions from two federal courts may allow defendants in data breach class action litigation to breathe somewhat easier, following a run of adverse decisions last year. These decisions illustrate an emerging trend of...more
Plaintiffs continue to battle for standing in data breach cases, and another federal court recently added to a growing body of decisions helpful to companies who find themselves on the receiving end of a lawsuit after falling...more
The arts and crafts retail chain Michael Stores Inc. (“Michaels”) received a late holiday gift in the form of a dismissal of a data breach class action lawsuit. On December 28, 2015, the U.S. District Court for the Eastern...more
Michael’s Stores, Inc. was dismissed from a putative data breach class action case involving the breach of 2.6 million payment cards as the plaintiffs were unable to show that they were injured as a result of the incident....more
How much did you really save in Back to School sales? Can consumers trust a retailer’s claims about its “regular” prices and its “sale” prices? Canada’s competition law enforcer is showing renewed interest in retailers’...more
The Consumer Product Safety Commission (“CPSC”) continues its increased willingness to use litigation as a tool when targeted companies disagree with the CPSC’s position, recently initiating two lawsuits seeking civil...more
On May 4, 2015, a US District Court judge in the Eastern District of Louisiana dismissed a class action lawsuit that sought damages from eBay based on the “threat of future harm” stemming from the online retailer’s 2014 data...more
Does your company run background checks on its employees? Do you pay a third-party to run the reports and trust them to get it right? You may not be as safe as you think you are. Just ask Whole Foods, Paramount...more
Last week, the U.S. Department of Justice, on behalf of the United States Consumer Product Safety Commission (CPSC), filed suit against Michaels Stores, Inc. (“Michaels”) in the Northern District of Texas. United States of...more
For the first time in recent memory, the Department of Justice (DOJ) and Consumer Product Safety Commission (CPSC) jointly announced the filing of a lawsuit in federal court for the imposition of a civil penalty and...more
Earlier this week, the arts and crafts retailer Michael’s Stores, Inc. received notice of a new class action lawsuit challenging its use of applicant background checks. The lawsuit alleges that the retailer failed to provide...more
The SEC won a significant courtroom verdict Monday when a jury in New York returned a verdict in favor of the agency in the complex, high profile trading action brought almost four years ago against Samuel Wyly and the estate...more
There has been so much news swirling in the data privacy and security world in the last few days, that it has been difficult to keep up. We’ll give you a roundup here....more
A recent proposed settlement in Massachusetts may signal readiness on the part of retailers to end so-called “ZIP code” litigation. In 2011, customers of the arts and crafts retailer Michaels Stores Inc. filed a proposed...more
The data breaches that Target, Michael’s, Nieman Marcus and other large companies have suffered recently have gained a great deal of attention in the media. These public and costly embarrassments serve as reminders that all...more
In its recent per curiam opinion in Rea v. Michaels Stores, Inc., the U.S. Court of Appeals for the Ninth Circuit clarified rules and procedures relevant to defendants seeking to remove cases to federal court. In Rea,...more