California's Attorney General recently issued guidance for healthcare providers and facilities. The guidance serves as a reminder to comply with data privacy laws and with California Civil Code section 1798.82, which requires...more
Another district court just ordered the defendant in a data breach class action to turn over the forensic report it believed was entirely protected from disclosure by the attorney-client privilege and work product doctrine....more
8/2/2021
/ Attorney-Client Privilege ,
Capital One ,
Class Action ,
Compliance ,
Corporate Counsel ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Disclosure ,
Forensic Examination ,
Motion to Compel ,
Work-Product Doctrine
On Friday, a sharply divided U.S. Supreme Court issued a ruling, which significantly impacts the plaintiffs’ ability to pursue privacy and data breach class actions in federal courts. In TransUnion LLC v. Ramirez, Case No....more
6/29/2021
/ Article III ,
Class Action ,
Class Members ,
Corporate Counsel ,
Cybersecurity ,
Data Breach ,
Fair Credit Reporting Act (FCRA) ,
Injury-in-Fact ,
SCOTUS ,
Standing ,
TransUnion ,
TransUnion LLC v Ramirez
Although the California Consumer Protection Act (“CCPA”) went into effect on January 1, 2020 and over 100 class actions referencing the CCPA have been filed to date, very few class actions have actually made their way to...more
Online stationery and craft company Minted Inc. has been hit with a CCPA class action lawsuit, stemming from a massive data breach the company disclosed in late May. The proposed class action lawsuit, filed in a California...more
6/17/2020
/ Breach of Implied Contract ,
California Consumer Privacy Act (CCPA) ,
Class Action ,
Consumer Privacy Rights ,
Corporate Counsel ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Hackers ,
Putative Class Actions ,
State Attorneys General ,
Unfair Competition Law (UCL)
In an unprecedented ruling, one federal court recently held that the work product doctrine does not protect the expert cybersecurity report prepared after a data breach. The court ordered the release of the unredacted...more
The companies Salesforce.com, Inc. and Hanna Andersson, LLC are on the receiving end of a novel lawsuit, which appears to be the very first data breach class action ever filed with alleged violations of the California...more
2/6/2020
/ Business & Professions Code ,
California Consumer Privacy Act (CCPA) ,
Cause of Action Accrual ,
Corporate Counsel ,
Data Breach ,
Hackers ,
Injury-in-Fact ,
Negligence ,
Personal Information ,
Privacy Concerns ,
Private Right of Action ,
Spokeo v Robins ,
Statutory Damages ,
Unfair Competition Law (UCL) ,
Web Scraping
Letter from the Editors -
Dear Readers,
The world of raising capital for emerging companies has experienced a revolution. Prior to the enactment of the JOBS Act in 2012, raising capital for private companies was...more
9/29/2016
/ Capital Raising ,
Crowdfunding ,
Crowdsourcing ,
Data Breach ,
Data Security ,
Dwolla ,
E-2 ,
Entrepreneurs ,
FinTech ,
Good Faith ,
H-1B ,
Initial Public Offering (IPO) ,
Innovation ,
JOBS Act ,
Parole ,
Privacy Laws ,
Private Placements ,
Public Offerings ,
Rule 506 ,
Visas
The New York Department of Financial Services recently announced a new proposed rule, which would require financial institutions and insurers to implement strong policies for responding to cyberattacks and data breaches. ...more
According to the FBI, “there are only two types of companies: those that have been hacked and those that will be.” It does not take an actual data breach, however, for a company to be liable for its data security practices. ...more
7/20/2016
/ Consumer Financial Protection Bureau (CFPB) ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Privacy ,
Data Security ,
Dwolla ,
FinTech ,
FTC v Wyndham ,
Hackers ,
Personal Data ,
Privacy Laws