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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

Critical input needed: US critical infrastructure asked to engage on proposed cyber reporting rules

The Cybersecurity and Infrastructure Security Agency (CISA) has issued a Request for Information (RFI) and announced “public listening sessions” soliciting input in advance of formal rulemaking under the Cyber Incident...more

Data breach response liability: Jury finds defendant not negligent for response to data breach

In a first of its kind trial, a defendant accused of negligently responding to a data breach was cleared of all liability by a jury last month. After two hours of deliberation, the jury rejected plaintiff’s claim that the...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

Cyber investigations and privilege: Court finds forensic report not protected

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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