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District court pushes class certification over the Brink(er)

On remand, the District Court held that individual questions predominated regarding whether individuals incurred reasonable expenses or spent time in mitigation of fraudulent charges or data posting, and denied class...more

Class action waiver prevails: Fourth Circuit reverses certification in Marriott data breach litigation again

The Fourth Circuit (again) de-certified classes in the Marriott Data Breach Litigation. As further described below, the court held that the class action waiver at issue in the case was valid, not prohibited by Rule 23, and...more

Cyber Investigations and Privilege: Court Finds Forensic Report not Covered by Work Product Doctrine

Last week, the U.S. District Court for the Eastern District of Virginia ordered Capital One to produce a forensic investigation report in multidistrict litigation arising out of the cyber incident Capital One announced in...more

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