News & Analysis as of August 18, 2025

Corporate Counsel

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Follow this channel for advisories on one of the biggest threats to businesses today. Read a morning brief of fresh guidance and commentary by leading lawyers on security, privacy, risk... more +

Follow this channel for advisories on one of the biggest threats to businesses today. Read a morning brief of fresh guidance and commentary by leading lawyers on security, privacy, risk management, global regulations, data protection, leaks, hacking, cyber insurance, compliance, HIPAA, and every other aspect of cybersecurity of import to corporate readers right now. less -

Square Peg, Round Hole: 6th Circuit Affirms Finding That Cyber Claims Are Not Covered by CGL Policies

Carlton Fields on 2/24/2025

In Home Depot Inc. v. Steadfast Insurance Co., Home Depot learned the hard way a rule every DIY enthusiast knows: measure twice, cut once. It appears Home Depot’s measurements were off when it sized up its insurance needs,...more

Fall Data Breach Roundup And 2018 Preview: Supreme Court, OPM, Equifax And More!

Carlton Fields on 11/21/2017

As 2017 draws to a close, data breach class actions abound, while questions regarding what suffices for Article III standing in these cases remain—with litigants hoping the Supreme Court will soon weigh in....more

Settlement in Home Depot Class Action Provides Data Security Corporate Governance Framework for Companies

Nossaman LLP on 5/18/2017

The latest settlement in Home Depot’s data breach litigation provides a data security framework for corporate governance that may be used by other companies as a template. Based on claims arising from a massive data breach...more

Appeal in Home Depot Data Breach Derivative Action Results in Settlement of Corporate Governance Claims

Mintz - Privacy & Cybersecurity Viewpoints on 5/2/2017

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

Home Depot Settles with Financial Institutions for Over $25 Million in Data Breach Case

Patterson Belknap Webb & Tyler LLP on 3/13/2017

New filings in the consolidated Home Depot data breach litigation, which we have previously covered on this blog, indicate that Home Depot and the remaining financial institution plaintiffs have reached a settlement. ...more

A Failed Strategy: Another Derivative Action In A Data Breach Case Goes Down To Defeat

Mintz - Privacy & Cybersecurity Viewpoints on 12/2/2016

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

Home Depot Challenges Banks’ Standing to Recover Losses Related to Data Breaches

Bilzin Sumberg on 7/12/2016

In the aftermath of major data breaches at deep-pocketed retailers and other businesses, there is typically no shortage of litigants who move quickly to seek compensation from the business at which the breach occurred. But...more

A Firewall for the Boardroom: Best Practices to Insulate Directors and Officers From Derivative Lawsuits and Related Regulatory...

Carlton Fields on 8/17/2015

Shortly after the massive 2013 Target data breach, shareholders filed four derivative lawsuits against the company’s directors and some of its officers (13 CARE 624, 3/20/15). The shareholders alleged that the defendants had...more

Home Depot Moves to Dismiss Consumer Data Breach Claims for Lack of Standing

Mintz - Privacy & Cybersecurity Viewpoints on 6/4/2015

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

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