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WilmerHale

Year in Review: Top 2023 Data Breach Litigation Trends

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One of the main risks that a company faces after a data breach is a potential lawsuit. Plaintiffs often will allege creative statutory and common law theories of harm after they learn that their personal information has been...more

Kilpatrick

Data breach class actions: Southern District of New York dismisses action against health care providers for lack of standing

Kilpatrick on

Takeaway: In a prior article, we reported on the Second Circuit’s decision in McMorris v. Carlos Lopez & Associates, LLC, 995 F.3d 295 (2d Cir. 2021), in which the court, ruling on an issue of first impression, set out a...more

Alston & Bird

Eleventh Circuit Holds Risk of Future Harm Does Not Establish Article III Standing

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As part of a growing trend, the Eleventh Circuit recently held that an alleged risk of future identity theft does not establish standing where the plaintiff does not allege any information has actually been misused. Tsao v....more

Kilpatrick

Data Breach Class Actions – Florida District Court Rules Threat of Future Injury Too Speculative to Support Standing

Kilpatrick on

Takeaway: Data breach cases often turn on whether the threat of future identity theft suffices to establish Article III standing. In yet another data breach case, In re Brinker Data Incident Litig., 3:18-CV-686-J-32MCR,...more

Jackson Lewis P.C.

Georgia Supreme Court May Weigh In On Standing In Data Breach Litigation

Jackson Lewis P.C. on

The Georgia Supreme Court may weigh in on the hot issue plaguing data breach class action litigation across the nation, must a data breach victim suffer actual financial loss to recover damages, or is the threat of future...more

Patterson Belknap Webb & Tyler LLP

D.C. Circuit Breathes New Life into OPM Data Breach Litigation

The U.S. Office of Personnel Management (“OPM”) made headlines when several hacks of confidential data came to light in 2015, intrusions that compromised the personal data of over 20 million individuals. On July 21, 2019, in...more

Ballard Spahr LLP

8th Circuit Decision in SuperValu Class Action is a Reminder that Injury and Damages Aren’t the Same Thing.

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Last Friday we blogged on the Saks data breach class action, and in the process mentioned a trend among federal courts to reject fear of future identity theft claims in retail breach cases.  ...more

Jackson Lewis P.C.

U.S. Supreme Court Allows Zappos Data Breach Litigation To Proceed

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Yesterday, the U.S. Supreme Court rejected a petition for a writ of certiorari by Zappos requesting the Court to review a Ninth Circuit Court decision which allowed customers affected by a data breach to proceed with a...more

Mintz - Privacy & Cybersecurity Viewpoints

Court Rejects Neiman Marcus Data Breach Settlement Due To Injury-Based Class Conflicts

As previously noted in this blog, the Neiman Marcus payment card data theft class action reflects a lenient approach to the issue of standing in data breach cases. In that case, the Seventh Circuit rejected arguments that...more

Hogan Lovells

Data class actions in the US

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Over the past few years, there has been a surge in class actions challenging companies’ privacy and data security practices. But, while the number of class actions continues to grow, the suits face several significant...more

K&L Gates LLP

The Door May Be Open, but the Ride Isn't Free: Seventh Circuit Allows Data Breach Class Action to Survive Pleading Stage but...

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In Dieffenbach v. Barnes & Noble, Inc., the Seventh Circuit allowed a data breach class action to survive the pleadings stage, including a challenge to the plaintiffs’ standing. At the same time, the Court indicated that the...more

Bradley Arant Boult Cummings LLP

Two More Circuits Find Data Breach Standing without Proof that Plaintiffs’ Data Was Misused

Data breaches have become commonplace. Despite the best efforts of many, identity thieves and hackers always seem to find a new vulnerability somewhere in the system of virtually every company that conducts business online....more

Ballard Spahr LLP

Seventh Circuit Reinstates Barnes & Noble Data Breach Class Action

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The U.S. Court of Appeals for the Seventh Circuit has reinstated a data breach class action filed against Barnes & Noble (B&N).  The litigation, styled as Dieffenbach v. Barnes & Noble, Inc., now heads back to the U.S....more

Faegre Drinker Biddle & Reath LLP

Data Breach Class Action Dismissal Shows Two Grounds for Dismissing Data Breach Cases

On March 7, 2018, the United States District Court for the District of Minnesota dismissed a putative data breach class action against SuperValu, Inc., because the plaintiffs did not have standing and could not state claims...more

Fenwick & West LLP

Appellate Court Finds Risk of Identity Theft Sufficient to Establish Standing, Circuit Split Worsens

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The U.S. Court of Appeals for the Ninth Circuit has found that allegations of a future risk of identity theft resulting from a data breach are sufficient to establish standing....more

Carlton Fields

Supreme Court Declines Review of Standing in Data Breach Class Actions

Carlton Fields on

Counsel hoping for Supreme Court guidance on standing issues dividing the circuit courts will have to wait a bit longer. On February 20, the Court denied a petition for writ of certiorari in Attias v. CareFirst to resolve a...more

Carlton Fields

Fall Data Breach Roundup And 2018 Preview: Supreme Court, OPM, Equifax And More!

Carlton Fields on

As 2017 draws to a close, data breach class actions abound, while questions regarding what suffices for Article III standing in these cases remain—with litigants hoping the Supreme Court will soon weigh in....more

Orrick, Herrington & Sutcliffe LLP

Standing Only Gets You So Far. Scottrade Offers Tactics To Win The Data Breach Class Action War

A recent skirmish about standing in data breach class actions (this time in the Eighth Circuit), involving securities and brokerage firm Scottrade, suggests that, even if plaintiffs win that limited question, there are other...more

Fisher Phillips

Spokeo Speedwagon: Employers Forced To Take Privacy Breach Cases On The Run

Fisher Phillips on

By now, most everyone has heard it from a friend who, heard it from a friend who, heard it from another about the U.S. Supreme Court’s 2016 decision in Spokeo, Inc. v. Robins. It is the case being cited across the country in...more

Fenwick & West LLP

Eighth Circuit Holds Data Breach Plaintiffs Must Allege Actual Injury to Establish Standing

Fenwick & West LLP on

The U.S. Court of Appeals for the Eighth Circuit held that allegations of a future risk of identity theft resulting from a data breach are not sufficient to establish standing. The August 30 ruling in In re SuperValu Customer...more

Ballard Spahr LLP

Eighth Circuit Issues Two Class Action Data Breach Rulings

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In the span of just nine days, the U.S. Court of Appeals for the Eighth Circuit issued two rulings in class actions involving data breaches—one breach in 2013 at brokerage firm Scottrade and another in 2014 at grocery stores...more

Fenwick & West LLP

Eighth Circuit Finds Standing in Data Breach Case for Privacy Policy Violation, Dismisses for Lack of Specificity

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The U.S. Court of Appeals for the Eighth Circuit has held that allegations that the security provisions of a privacy policy were violated are sufficient for standing in a data breach case, but that plaintiffs’ contractual...more

Saul Ewing LLP

In Data Breach Lawsuit, Mere Risk of Identity Theft is Enough to Stand On

Saul Ewing LLP on

As the frequency of data breach incidents increases at a record pace, courts are becoming less reluctant to open the floodgates and allow consumers to bring data breach lawsuits. In its recent Attias v. CareFirst, Inc....more

Carlton Fields

Are DC Federal Courts the Next Hotbed for Data Breach Class Actions?

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We have previously reported on the evolving circuit split over standing in data breach class actions. On August 1st, a three judge panel for the District of Columbia Circuit became the latest to weigh in on the issue. In...more

Ballard Spahr LLP

D.C. Circuit Reverses Data Breach Class Action Dismissal on Standing Grounds

Ballard Spahr LLP on

The U.S. Court of Appeals for the D.C. Circuit has reinstated a data breach class action filed against CareFirst BlueCross BlueShield (CareFirst). The lawsuit stems from a June 2014 data breach in which hackers infiltrated 22...more

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