Whether a plaintiff has standing to sue is a wellspring of dispute in the context of data breach cases, and in Spokeo, Inc. v. Robins, the U.S. Supreme Court recently made clear that the battle must be fought on two…
Blog Archives
Insurance Company Must Defend Against Data Breach Class Action, 4th Cir. Says
On Monday, the Fourth Circuit held that Travelers must defend Portal Healthcare in a class action claim arising out of an alleged medical records data breach. The class action, filed in New York state court in April 2013, alleges that…
Tagged with: breach, coverage, cybersecurity, data breach, insurance, publication, risk management
Posted in Data Breach, Data Security, Insurance, Litigation
Posted in Data Breach, Data Security, Insurance, Litigation
iWon’t: Apple’s Face-Off with the DOJ
In what is quickly becoming one of the closest-watched cases in the country, Apple is now at loggerheads with the Department of Justice and FBI over its refusal to unlock the iPhone of one of the San Bernardino shooters. The…
Tagged with: cybersecurity, data security, FBI, privacy, safeguards
Posted in Data Security, Litigation, Privacy
Posted in Data Security, Litigation, Privacy
SuperValu Latest in Debate over Standing
Last month, a Minnesota federal judge tossed out extensive multidistrict legislation concerning a proposed class action of SuperValu shoppers. Shoppers from Illinois, Minnesota, and Idaho had alleged that the supermarket chain caused them harm when hackers penetrated SuperValu’s systems and…
Tagged with: breach, cyber crime, cyber security, data breach, data security, standing
Posted in Cyberattack, Data Breach, Litigation
Posted in Cyberattack, Data Breach, Litigation
Michaels Crafts Successful Motion to Dismiss in Data Breach Case
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 victim to hackers. …
Tagged with: breach, cyber security, cybersecurity, data breach, hacking, standing
Posted in Data Breach, Data Security, Litigation, Privacy
Posted in Data Breach, Data Security, Litigation, Privacy
The Elephant in the Room – Catastrophic Property Damage from a Cyber Attack
Much of what we discuss in this blog relates to the loss of information and the legal and regulatory framework that exists to address individual privacy concerns following a data breach. However, as our colleague Dick Bennett points out in…
Middle District of Pennsylvania Dismisses Data Breach Class Actions for Lack of Standing
Yet another federal judge has concluded that an individual whose personal information was allegedly accessed during a data breach lacks standing to sue unless and until there has been a misuse of that personal information or such misuse can be…
Posted in Data Breach, Litigation
EMV Credit Cards Are Coming, But Consumers Must Stay Vigilant
Major credit card companies, including Visa, MasterCard, Discover, and American Express, have announced plans to switch to EMV cards in the United States over the course of 2015. Nearly eighty other countries around the world have already made the switch…
Posted in Data Security, Standards
No Standing for Data Breach Plaintiffs in Southern District of Texas Class Action
Earlier this month, a Texas federal judge rejected a data breach plaintiff’s claim of a relaxed standard for Article III standing based on the “heightened risks” posed by potential identity theft and security fraud. The court ruled that despite the…
Posted in Data Breach, Litigation
If You Post It, Your Opponent Can Probably Discover It
Earlier this week, our friends at the Property Insurance Law Observer wrote an article about a recent decision involving discovery of pictures posted to a plaintiff’s Facebook page. The court found that the plaintiff had a lower expectation of privacy in…
