As previously noted in this blog, the Neiman Marcus payment card data theft class action reflects a lenient approach to the issue of standing in data breach cases. In that case, the Seventh Circuit rejected arguments that...more
Snatching victory of a sort from the jaws of defeat, shareholders who brought a derivative action alleging that the 2014 Home Depot data breach resulted from officers’ and directors’ breaches of fiduciary duties have reached...more
5/2/2017
/ Appeals ,
Breach of Duty ,
Corporate Counsel ,
Corporate Governance ,
Cybersecurity ,
Data Breach ,
Derivative Suit ,
Fiduciary Duty ,
Home Depot ,
Popular ,
Settlement ,
Shareholders
When data thieves steal payment card data, consumers suffer no legally cognizable injuries. Card issuers absorb the fraudulent charges and replace the affected cards. Because fraudulent charges are not billed to consumers,...more
4/24/2017
/ Actual Injuries ,
Corporate Counsel ,
Corporate Liability ,
Data Breach ,
Debit and Credit Card Transactions ,
Fraudulent Charges ,
Hotels ,
Identity Protection Services ,
Personally Identifiable Information ,
Popular ,
Standing
Dismissal Of Home Depot Derivative Action Extends Shareholder Losing Streak
An attempt to impose liability on corporate officers and directors for data breach-related losses has once again failed. On November 30,...more
In the wake of the Supreme Court’s decision in Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), lower courts have begun to address whether alleged violations of statutes intended to protect privacy suffice, in the absence of...more
10/3/2016
/ Article III ,
CIPA ,
Corporate Counsel ,
Electronic Communications ,
Email ,
Google ,
Invasion of Privacy ,
Screening Procedures ,
Spokeo ,
Spokeo v Robins ,
Standing ,
Wiretap Act
In its recent decision in Galaria v. Nationwide Mut. Ins. Co., no. 15-3386 (6th Cir. Sept. 12, 2016). Co., No. 15-3386 (6th Cir. Sept. 12, 2016), a divided Sixth Circuit panel held that plaintiffs had standing to assert...more
9/16/2016
/ Appeals ,
Article III ,
Clapper v. Amnesty International ,
Corporate Counsel ,
Data Breach ,
Fair Credit Reporting Act (FCRA) ,
Hackers ,
Personal Data ,
Personally Identifiable Information ,
Spokeo v Robins ,
Standing
In a terse two-page order, Senior District Court Judge Paul Magnuson dismissed derivative claims brought against officers and directors of Target in connection with the 2013 holiday-season data breach. The dismissed claims,...more
Last week, a federal court in Atlanta issued an order preliminarily approving a proposed settlement – valued up to $19.5 million – of the consumer claims arising from the 2014 theft of payment card data from Home Depot. The...more
Last summer the Second Circuit issued an important decision that identified the proper test for determining whether an employer properly classified an individual as an unpaid intern. The decision was a victory for employers...more
Experienced practitioners are anecdotally aware of the growth in recent years in the volume of health care qui tam litigation. That perceived trend is validated quite graphically in the most recent Department of Justice...more
In a decision almost a year in the making, the Third Circuit’s recent opinion in In re Google Inc. Cookie Placement Privacy Litig. (3d Cir. Nov. 10, 2015), (“Google”), reversed a trial court order dismissing a lawsuit...more
Home Depot has staked its defense of consumer claims arising from the 2014 theft of payment card data from the home improvement retailer on the asserted absence of injuries sufficient to confer standing to sue. Because...more
6/4/2015
/ Article III ,
Class Action ,
Corporate Counsel ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Home Depot ,
Jurisdiction ,
Popular ,
Standing ,
Target
On March 18, 2015 – just three months after denial of a motion to dismiss consumer claims arising from Target’s 2013 data breach – Target and the consumer class filed papers seeking approval of a settlement. The proposed...more
By now (unless you have been under a snow drift), you have likely heard about the apparent intrusion into a database at the nation’s largest health insurer, Anthem, Inc. Rather than reiterate the facts as currently known...more
2/11/2015
/ Anthem Blue Cross ,
Corporate Counsel ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Health Insurance ,
Insurance Industry ,
Personally Identifiable Information ,
Popular ,
Risk Mitigation
Federal District Judge Paul Magnuson has ruled that banks that issued credit and debit cards to customers whose data was stolen in the December 2013 Target data breach could continue to litigate claims against Target for...more