The Second Circuit recently issued a decision in McMorris v. Carlos Lopez & Associates, LLC, No. 19-4310, 2021 U.S. App. LEXIS 12328 (2nd Cir. Apr. 26, 2021), which clarifies the circumstances under which plaintiffs alleging...more
The decision does not change the law on what is necessary to prove standing, although it does reinforce the notion that a plaintiff will have standing if he or she can allege a concrete injury.
In the latest in a slew of...more
10/8/2015
/ Bailments ,
Breach of Contract ,
Cause of Action Accrual ,
Civil Conspiracy ,
Clapper v. Amnesty International ,
Class Action ,
Coca Cola ,
Data Breach ,
DPPA ,
Fraudulent Charges ,
Identity Theft ,
Personally Identifiable Information ,
Restitution ,
Standing
In light of numerous recent data breaches, cybersecurity has emerged as an issue impacting organizations ranging from the local hardware store to the largest multi-national firms in the world. In short, no industry is immune...more
9/17/2015
/ Banking Sector ,
Breach Notification Rule ,
CAN-SPAM Act ,
COPPA ,
Cyber Attacks ,
Cyber Crimes ,
Cyber Threats ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Data Security ,
FERPA ,
Financial Institutions ,
Gramm-Leach-Blilely Act ,
Hackers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
HITECH Act ,
OCR ,
Personally Identifiable Information ,
Privacy Laws ,
Verizon
The opinion from the Philadelphia Court of Common Pleas reinforces lack of standing as a defense for companies facing data breach–related class actions.
On March 25, the Philadelphia Court of Common Pleas provided...more
Storm v. Paytime, Inc. — a recent case decided by the U.S. District Court for the Middle District of Pennsylvania — gives companies that have suffered third-party data breaches another decision to support dismissing class...more
Historically, the Federal Trade Commission (FTC) has been the most active federal regulator of data privacy and security. Since its creation, it has pursued hundreds of cases against companies that violated privacy statutes...more
In an opinion released on November 11, the Connecticut Supreme Court ruled on whether the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and its implementing regulations preempt a common law claim for...more
11/26/2014
/ Breach of Contract ,
Class Action ,
Data Breach ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Negligence ,
Negligent Infliction of Emotional Distress ,
Patient Confidentiality Breaches ,
PHI ,
Popular ,
Private Right of Action
U.S. District Judge Stanley R. Chesler of the District of New Jersey recently provided much needed guidance to directors and officers on their duties and responsibilities with regard to cybersecurity. In Palkon v. Holmes, et...more