Two recent decisions out of the U.S. District Court for the District of Maryland illustrate the difficulty that cyber breach victims can have in establishing standing to sue. In both cases, the court dismissed the cyber breach suits for lack…
Two recent decisions out of the U.S. District Court for the District of Maryland illustrate the difficulty that cyber breach victims can have in establishing standing to sue. In both cases, the court dismissed the cyber breach suits for lack…
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…
Earlier this month, a Delaware state court dismissed multiple implied-warranty claims in a subrogation lawsuit against cybersecurity company Trustwave Corp., but allowed discovery to proceed on certain claims. The suit involved a data breach at Euronet Worldwide Inc., a credit…
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…
Nothing good has come from the Ashley Madison hacking incident, except hopefully some well-deserved apologies to loved ones. Now the E.D. Mo. Court hearing the In Re Ashley Madison Customer Security Breach Litigation, MDL No. 2669, has shaken its finger…
MedStar, a Washington, D.C.-area hospital chain, became the latest healthcare industry victim of a cyber-attack when hackers breached its systems with a crippling virus. MedStar operates 10 hospitals in the D.C./Baltimore region, employs 30,000 staff, has 6,000 affiliated physicians, and…
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…
On consecutive days, the Office of Civil Rights (“OCR”) of the Department of Health and Human Services (“HHS”) recently announced two large HIPAA breach settlements. On March 16, 2016, OCR announced that it entered into a Resolution Agreement with North…
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…
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. …