Blog Archives

When “Shhh” turns to “Oh $%*#!” – No Pseudonyms for Ashley Madison Plaintiffs

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

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Posted in Data Breach, Data Security, Litigation, Privacy

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

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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

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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

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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. 

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Posted in Data Breach, Data Security, Litigation, Privacy

Wyndham Settles with FTC

Last month, Wyndham Worldwide Corp. settled its lengthy civil case with the Federal Trade Commission.  The suit began in 2012, when the FTC sued Wyndham and three of its subsidiaries, alleging three data breaches between 2008 and 2010 were a

Posted in FTC, Litigation, Regulations, Standards

FTC Loses in LabMD Data Security Case: ALJ Sets High Bar for Consumer Harm

On November 13, 2015, an administrative law judge (“ALJ”) ruled against the Federal Trade Commission (“FTC”) in its high-profile data security case against LabMD. The ALJ ruled that the FTC had failed to show that LabMD’s conduct had caused harm

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Posted in Data Breach, Data Security, FTC, HIPAA, Litigation

Pennsylvania Federal Court Finds Standing in Data Breach Class Action

The debate over standing in data breach litigation is gaining more attention lately. While many courts have hesitated to find standing prior to lost personally identifiable information (PII) actually being misused, the U.S. District Court for the Eastern District of Pennsylvania recently

Posted in Data Breach, Litigation

U.S. Appeals Court Upholds the FTC’s Authority to Police Cybersecurity Practices

In a highly anticipated and precedential opinion issued earlier this week, the Third Circuit Court of Appeals upheld the FTC’s authority to regulate corporate cybersecurity. The decision in Federal Trade Commission v Wyndham Worldwide Corp et al., addressed whether the FTC has

Posted in Cyberattack, Data Breach, Litigation, Regulations, Standards

Pennsylvania Court Dismisses Data Breach Claims

In 2014, the University of Pittsburgh Medical Center’s computer system was hacked, resulting in the disclosure of sensitive personal information of current and former employees, including names, addresses, birthdates, social security numbers and banking account numbers. Allegedly, the stolen information

Posted in Data Breach, Data Security, Litigation, Privacy
About Cyber Law Monitor
In the new digital world, individuals and businesses are almost entirely dependent on computer technology and electronic communications to function on a daily basis. Although the power of modern technology is a source of opportunity and inspiration—it also poses huge challenges, from protecting privacy and securing proprietary data to adhering to fast-changing statutory and regulatory requirements. The Cyber Law Monitor blog covers privacy, data security, technology, and cyber space. It tracks major legal and policy developments and provides analysis of current events.
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