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Standing Data Breach Hackers

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: District of Massachusetts dismisses complaint for failure to allege injury-in-fact

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Takeaway:  We have written a number of articles about standing issues arising in data breach class actions.  See, e.g., Data breach class actions: Third Circuit sets out parameters for Article III injury-in-fact (Oct. 27,...more

Kilpatrick

Data breach class actions: Third Circuit sets out parameters for Article III injury-in-fact

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Takeaway:  We have written a number of articles about the kinds of intangible injuries that confer Article III standing in the data breach and credit reporting contexts.  See Data breach class actions: Southern District of...more

Vinson & Elkins LLP

Identity Theft is Not a Joke, Jim! — Third Circuit Finds Standing to Sue for Employee Data Breach

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The United States Court of Appeals for the Third Circuit recently held that a plaintiff had standing to sue her former employer for a data breach that exposed her personal information to the “Dark Web” because she...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

Wiley Rein LLP

4 Important Class Cert. Issues From 2 Data Breach Cases

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Data breach lawsuits are challenging cases for plaintiffs. Assuming they are able to survive a motion to dismiss on grounds of Article III standing in the first instance, plaintiffs next bear the high burden of achieving...more

Jones Day

Jones Day Global Privacy & Cybersecurity Update | Vol. 28

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UNITED STATES - Regulatory—Policy, Best Practices, and Standards - President Biden Issues Cybersecurity Executive Order  - On May 12, 2021, President Biden issued an executive order that placed new standards on the...more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - July 2021 #3

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CYBERSECURITY - White House Focused on Combating Ransomware - Ransomware attacks are frequent and escalating as we speak. Double extortion scams are hitting companies at a dizzying pace, and catching companies, large...more

Troutman Pepper

Second Circuit Clarifies Article III Standing Threshold for Data Breach Class Actions

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The Second Circuit recently issued a decision in McMorris v. Carlos Lopez & Associates, LLC, No. 19-4310, 2021 U.S. App. LEXIS 12328 (2nd Cir. Apr. 26, 2021), which clarifies the circumstances under which plaintiffs alleging...more

Farrell Fritz, P.C.

“I’ve Been Hacked!” (OK, But Have You Been Damaged?)

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A critical inquiry to be considered at the outset of any litigation is whether the party seeking relief is, in fact, a proper party to seek the court’s adjudication of the dispute. ...more

Locke Lord LLP

Standing on Thin Ice? New Guidance on Standing for Data Breach Claims

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Who has standing to bring claims for alleged statutory violations of privacy and cybersecurity statutes? There is no easy answer to this question. In Spokeo, Inc. v. Robins, the Supreme Court explained that just because 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

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - February 2021 #3

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CYBERSECURITY - Health and Personal Information of N.C. Residents Posted Online by Ransomware Group - Becker’s Health IT reports that two batches of sensitive information of Chatham County, N.C. residents have been posted...more

Proskauer - Minding Your Business

Circuit Split Deepens as Eleventh Circuit Rejects “Risk of Identity Theft” Theory of Standing in Data Breach Suit

On February 4, 2021, the Eleventh Circuit affirmed the dismissal of a customer’s proposed class action lawsuit against a Florida-based fast-food chain, PDQ, over a data breach. The three-judge panel rejected the argument that...more

Robinson+Cole Data Privacy + Security Insider

11th Circuit Says Standing in Data Breach Case Requires Actual Harm

Last week, in Tsao v. Captiva MVP Restaurant Partners, LLC (Captiva), the U.S. Court of Appeals for the 11th Circuit held that data breach claims arising from increased risk of future identity theft and potential mitigation...more

Blank Rome LLP

Data Breach Defense

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Today, data breaches continue to proliferate at a rapid pace, often spurring consumer class action litigation in their wake. Oftentimes, a successful data breach suit can empty a corporate defendant’s coffers. For example,...more

Kilpatrick

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

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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

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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

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - July 2019

In this month's edition of our Privacy & Cybersecurity Update, we examine New York's new laws expanding consumer protection for data breaches, the D.C. Circuit's two rulings deepening the split regarding standing in data...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

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - January 2019 #5

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I was a speaker at a recent conference of municipalities in a state last week, and during my presentation, I mentioned the various cyber-attacks that have affected cities, towns and educational departments in the U.S....more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - December 2018 #3

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For data security buffs like me, the recent McAfee® Labs Threats Report, December 2018 is, or should be, a top pick on the list. Well, maybe not for the holiday reading list. We need to be careful not to bring up the results...more

Hogan Lovells

Going global: Data class actions make their way to the EU

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Class actions have become an increasingly common means to seek redress in data privacy cases. With data breaches and data privacy claims on the rise, we asked our lawyers in France and the U.S. what you should bear in mind....more

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