We recently wrote about a decision in Attias v. CareFirst, Inc., holding that a class of plaintiffs whose information was compromised in a cyberattack had sufficiently demonstrated standing to survive a motion to dismiss. The U.S. Court of Appeals for…
Blog Archives
CareFirst Data Breach Appeal Holds Three Key Lessons for Cyberattack Litigants
A recent federal appellate decision suggests that it might be getting easier for cyberattack plaintiffs to establish standing in a manner sufficient to survive a motion to dismiss. According to the U.S. Court of Appeals for the District of Columbia…
Tagged with: breach, class action, cyber security, data breach, litigation, standing
Posted in Cyberattack, Data Breach, Litigation
Posted in Cyberattack, Data Breach, Litigation
Coca-Cola Dodges Privacy Class Action
Coca-Cola won big last month when it secured summary judgment in a privacy class action brought by a former bottling plant employee concerning compromised personal information. Hon. Joseph Leeson of the Eastern District of Pennsylvania found that Coca-Cola was not…
Tagged with: breach, class action, cyber security, cybersecurity, laptop, litigation, privacy
Posted in Data Breach, Data Security, Litigation, Privacy
Posted in Data Breach, Data Security, Litigation, Privacy
Win for Insurance Industry in Computer Fraud Coverage Ruling
Computers are involved at some point in almost every business transaction—that is the reality of life in the digital age. The implications of that fact are still being worked out with respect to the interpretation of insurance contract computer fraud…
Fourth Circuit To Plaintiffs: “Could” Isn’t Enough For Standing
A split continued to develop in the federal courts last month as the Fourth Circuit denied Article III standing to the plaintiffs in a data breach case whose alleged injuries were limited to the increased risk of future identity theft…
Tagged with: breach, class action, cybersecurity, data breach, litigation, standing
Posted in Data Breach, Litigation
Posted in Data Breach, Litigation
Protect Against Cyber Attacks: A New Guide to Help Small Businesses
No business is too small to be the victim of a cyberattack. In fact, as larger companies invest more resources in cybersecurity, attackers are beginning to target smaller, less secure businesses. It is important for every small business to understand…
Tagged with: breach, cyber security, cybersecurity, data breach, data security, hacking, policies and procedures, privacy, risk management, safeguards, security practices
Posted in Cyberattack, Data Breach, Data Security, Privacy, Standards
Posted in Cyberattack, Data Breach, Data Security, Privacy, Standards
Commercial Trucking Goes Green for Safer Streets
A new federal mandate requires most commercial truck drivers to “go green” by trading in their old paper logs for electronic logging devices (ELDs) by December 18, 2017. Thought to affect roughly 3.5 million truck drivers, the new mandate is…
FTC Overturns ALJ’s LabMD Decision and Reasserts its Role as a Data Security Enforcer
On July 29, 2016, the Federal Trade Commission (“FTC” or “Commission”) reversed an FTC administrative law judge’s (“ALJ”) opinion which had ruled against the FTC, finding that the Commission had failed to show that LabMD’s conduct caused harm to consumers…
Data Breach Plaintiffs Continue to Face Article III Standing Challenges
Standing remains a high hurdle for individuals whose personal information is compromised as a result of a data breach but who cannot establish that the stolen information was actually used improperly. Class action claims against CareFirst Blue Cross Blue Shield…
Tagged with: breach, class action, cyber security, data breach, litigation, standing
Posted in Data Breach, Litigation
Posted in Data Breach, Litigation
Chinese Leftovers: P.F. Chang’s Not Entitled to $2 Million in Breach Costs
In what is thought to be the first published decision in a cyber insurance coverage case, popular Chinese restaurant chain, P.F. Chang’s, was denied coverage for certain costs incurred as a result of a 2014 data breach. Unfortunate as it…
Tagged with: breach, coverage, data breach, insurance, risk assessment, risk management
Posted in Data Breach, Insurance, Litigation
Posted in Data Breach, Insurance, Litigation
