Popular, Data Breach, Breach of Duty

Chief information Security Officers and cyber whistleblowing: considerations for boards and breach response teams

A&O Shearman on 2/27/2024

At this point, it is self-evident that companies are grappling with an ever-evolving (think: tougher) cyber risk terrain. However, two recent cases against companies and their Chief Information Security Officers (CISOs),...more

Dechert Cyber Bits - Issue 21

Dechert LLP on 9/30/2022

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

Potential Harm Enough For Class Action to Proceed in Data Breach Litigation

Genova Burns LLC on 9/14/2022

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

Shareholders Seek to Hold Current and Former SolarWinds Officials Liable for Massive 2020 Security Breach

Benesch on 12/7/2021

Investors filed a derivative suit claiming that the company knew about, and failed to mitigate known, existing cybersecurity risks and shortfalls prior to the security breach. In early November, pension funds and...more

Shareholder Seeks Second Look At Company Data Security Practices

Proskauer - Minding Your Business on 12/9/2020

On November 25, 2020, a shareholder of First American Financial Corporation (“First American”) filed suit against the company and its officers and directors over a massive data security breach that exposed hundreds of...more

California State Court Upholds Exclusive Federal Forum-Selection Charter Provision for 1933 Act Suits

Goodwin on 9/24/2020

California State Court Upholds Exclusive Federal Forum-Selection Charter Provision for 1933 Act Suits; California District Court Dismisses Fraud-Related Claims Against AT&T; Third Circuit Holds Challenge to SEC’s Decision to...more

Georgia Supreme Court Clarifies There Is No Duty to Safeguard Personal Information from a Data Breach

Alston & Bird on 5/22/2019

The Georgia Supreme Court recently issued a decision holding that there is no duty to safeguard personal information from a data breach under Georgia law....more

Directors and Officers Settle Over Yahoo Hack: A New Chapter in Derivative Litigation?

Patterson Belknap Webb & Tyler LLP on 1/10/2019

Yesterday, a Superior Court judge in Santa Clara, California approved what is believed to be the first monetary award to a company in a data breach-related derivative lawsuit....more

Lawsuit Alert: New State Law Affirmative Duty to Safeguard Personal Data

Womble Bond Dickinson on 1/3/2019

Now a business that was hacked may be successfully sued under state common law by data subjects whose information was compromised in the crime. For the first time, a state supreme court has held that a company that was...more

Data Breach Liability for Pennsylvania Employers Expands – Pennsylvania Supreme Court Holds that Employers Have a Duty of Care to...

Fisher Phillips on 12/31/2018

Data breach liability for Pennsylvania employers of all sizes expanded with a recent Pennsylvania Supreme Court decision in Dittman v. UPMC. __ A.3d __, No. 43 WAP 2017, 2018 WL 6072199 (Pa. 2018). The Pennsylvania Supreme...more

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

Fenwick & West LLP on 12/20/2018

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

Home Depot Agrees to Settle Data Breach Shareholders’ Suit

Robinson+Cole Data Privacy + Security Insider on 5/3/2017

In a surprise move late last week, Home Depot has agreed to settle a shareholders derivative suit filed against current and former members of the Board of Directors and the Chief Executive Officer and Chief Information...more

Appeal in Home Depot Data Breach Derivative Action Results in Settlement of Corporate Governance Claims

Mintz - Privacy & Cybersecurity Viewpoints on 5/2/2017

Snatching victory of a sort from the jaws of defeat, shareholders who brought a derivative action alleging that the 2014 Home Depot data breach resulted from officers’ and directors’ breaches of fiduciary duties have reached...more

Yahoo Data Breach Update: A Third Notification + Shareholders Sue

Robinson+Cole Data Privacy + Security Insider on 2/24/2017

Last week, Yahoo issued another warning to some of its customers telling them that their personal information may have been compromised in a data breach. This is the third notification to Yahoo users that their information...more

Yahoo! Data Breach Results in Another Lawsuit Against Corporate Directors and Officers

Snell & Wilmer on 1/31/2017

A number of claims have been made against companies’ directors and officers alleging a breach of fiduciary duty for failing to adequately oversee data security programs. To date, the defendants’ oversight of the programs and...more

Home Depot Evades Shareholder’s Derivative Suit for 2014 Data Breach

BakerHostetler on 12/21/2016

Public companies that are proactively working to mitigate “cyber” risks and prepare to respond to potential incidents frequently ask whether a “breach” will lead to litigation, loss of customers, stock price decline, and...more

Home Depot Cyber Derivative Action Shuttered: Another Data-Breach Derivative Suit Fails to Clear Fundamental Corporate Law Hurdles

Carlton Fields on 12/7/2016

The recent dismissal of a Home Depot derivative action ends a string of high-profile derivative suits stemming from large-scale corporate data breaches. On November 30, the Northern District of Georgia dismissed a shareholder...more

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