Blog Archives

Latest Spokeo Decision Adds to the Growing Body of Law Supporting Article III Standing for Cybersecurity Plaintiffs

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

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Posted in Litigation, Privacy

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

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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

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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

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Posted in Legislation, Litigation

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

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Posted in Data Breach, Litigation

Sixth Circuit Eases Plaintiffs’ Burden for Standing in Data Breach Claims

Insurance companies are susceptible to the same sort of data breaches as suffered by many other businesses, such as the recently reported theft from Yahoo of the personal data in half a billion accounts. In a major decision that may

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Posted in Cyberattack, Data Breach, Insurance, Litigation

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

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Posted in Data Breach, Litigation

Cyber Attacks Reach Subrogation

It was just a matter of time. As cyber-attacks rose and the data security breaches became increasingly devastating to businesses and individuals, cyber breach insurance became more prevalent. And where insurance appears, subrogation recovery follows. We have not seen an overwhelming number

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Posted in Cyberattack, Data Breach, Legislation, Litigation

Courts: We Hear No Suit Based on Cyber Crime Before its Time

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

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Posted in Cyber crimes, Cyberattack, Data Breach, Litigation, Privacy

Delaware Court Allows Some Claims To Proceed In Data Breach Subrogation Action

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

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Posted in Data Breach, Litigation
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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