News & Analysis as of

Damages Data Breach Cybersecurity

Health Care Compliance Association (HCCA)

Federal Judge in Change Class Actions Juggling 90 Cases, Found ‘Misconduct’ by UnitedHealth

In the 18 months since the Change Healthcare breach occurred, class action suits—filed by both patients and providers—continue to multiply, with no resolution yet in sight. In fact, in late June, the Minnesota judge presiding...more

Hogan Lovells

District court pushes class certification over the Brink(er)

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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

Jones Day

First Tranche of Australia's Much Anticipated Privacy Law Reforms Revealed

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The first wave of Australia's expansive privacy law reforms has been introduced into Federal Parliament in the Privacy and Other Legislation Amendment Bill 2024 (Cth) ("Bill")....more

Constangy, Brooks, Smith & Prophete, LLP

Good news for businesses: NYS courts will dismiss data breach class actions for lack of concrete harm to plaintiff

Data breaches have become a serious issue for businesses, leading to numerous putative class action lawsuits alleging that the defendants failed to prevent the unauthorized disclosure of personally identifiable information or...more

Pierce Atwood LLP

Supreme Court Declines to Take Up Circuit Split on Whether Courts May Grant Class Certification by Averaging Different Class...

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On April 29, 2024, the Supreme Court issued an Order List indicating that certiorari had been denied in Brinker International, Inc. v. Steinmetz, Docket No. 23-648. The Eleventh Circuit Brinker Decision - Brinker was...more

Hinshaw & Culbertson - Insights for Insurers

[White Paper] United States Insurance Trends and Decisions 2023

As 2024 rapidly approaches, we look back at some of the key decisions, trends, and developments impacting the U.S. insurance industry in 2023 and look ahead at some trends and cases to watch in 2024. Insurers continue to...more

Sheppard Mullin Richter & Hampton LLP

Mint Gets Data Breach Claims Dismissed

California federal Judge William Alsup dismissed various claims against Mint Mobile LLC based on a data breach that exposed personal information of Mint customers. Plaintiff Daniel Fraser alleged that Mint, a mobile virtual...more

Kilpatrick

Data breach class actions: Fifth Circuit rules that unsecured storage leading to a breach does not constitute “knowing disclosure”...

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Takeaway:  Federal and state statutes that provide minimum damages awards for each statutory violation, such as the federal Telephone Consumer Protection Act and Illinois’s Biometric Information Privacy Act, provide ideal...more

Jones Day

English High Court Confirms Narrow Approach to Assessment of Data Breach Liability

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On 31 January 2022, the English High Court delivered its judgment in Stadler v Currys Group Limited (EWHC 160 (QB)); the latest in a series of rulings which appear set to constrain the relatively nascent UK data breach claims...more

Butler Snow LLP

White House Guidance on Ransomware

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Ransomware has become the fastest growing type of cybercrime facing businesses today. In 2021, loss values were estimated to have reached at least 57 times those in 2015, exceeding $20 billion. Data and privacy issues are so...more

Hogan Lovells

Germany: New case-law on immaterial damages for GDPR infringements

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When it comes to infringements of the EU General Data Protection Regulation (GDPR), the first thing that comes to mind are proceedings and fines imposed by the data protection authorities. It is often neglected that GDPR...more

Bennett Jones LLP

Limitation Period for Damages Claims under Personal Information Protection Act (Alberta)

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The Alberta Court of Appeal in Moore’s Industrial Service Ltd. v Kugler, 2019 ABCA 178 has confirmed that the limitation period under the Limitations Act (Alberta) applicable to a claim for damages under section 60 of the...more

Dorsey & Whitney LLP

New York Expands Data Privacy Protections

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New York continued its active legislative session last week, this time by expanding its data breach notification law. The SHIELD Act (Stop Hacks and Improve Electronic Data Security), signed by Governor Andrew Cuomo on July...more

Ballard Spahr LLP

8th Circuit Decision in SuperValu Class Action is a Reminder that Injury and Damages Aren’t the Same Thing.

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Last Friday we blogged on the Saks data breach class action, and in the process mentioned a trend among federal courts to reject fear of future identity theft claims in retail breach cases.  ...more

Stoel Rives LLP

CCPA Bill Expanding Class Actions Fails but The Persistence of Chaos Succeeds

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Class action lawsuits hurt businesses in at least three ways: they harm reputation, disrupt continuity, and are expensive to defend. In a privacy and cybersecurity context, even when dismissed at an early stage – when it is...more

Skadden, Arps, Slate, Meagher & Flom LLP

California Enacts Sweeping New Privacy Law

On June 28, 2018, California Gov. Jerry Brown signed into law the California Consumer Privacy Act (CCPA or “the Act”), which is the broadest and most comprehensive privacy law enacted in the United States to date.1 The CCPA...more

Searcy Denney Scarola Barnhart & Shipley

Data Breaches Prove Costly for Major Businesses

In an age where data is widely available and almost everything is stored online, data breaches are becoming more common, and the outcomes of cases involving data breaches are unpredictable. Data involved in a breach can range...more

Fisher Phillips

“Job Killer” Data Breach Litigation Bill Barely Passes California Senate

Fisher Phillips on

Since my last blog post about SB 1121, the California Senate voted to send SB 1121 to the state Assembly. The on May 30 vote was very close, 22-13, only one above the 21-vote threshold for passing the bill and strictly along...more

Harris Beach Murtha PLLC

The Seventh Circuit Weighs In On Standing

Yesterday the United States Court of Appeals for the Seventh Circuit weighed in on the consumer class action standing issue. The court found that Barnes & Noble customers have standing to pursue a class action concerning the...more

Ballard Spahr LLP

Fiat Chrysler Car Hacking Case Put In Neutral

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Plaintiff lawyers’ continued search for damage theories to assert in claims arising from a data breach – or fear of a breach – received a potential setback this week when Chief Judge Michael Reagan of the United States...more

Zelle  LLP

That is SO last week - August 2015 #5

Zelle LLP on

That infamous Ashley Madison data became searchable last week. Spouses, friends, and employers can now search the data to see if they know anyone who registered with the site. This development caused some to wonder if an...more

King & Spalding

Court Dismisses Data Breach Class Complaint For Lack Of Standing - May 2015

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On May 4, 2015, the U.S. District Court for the Eastern District of Louisiana held that a putative class plaintiff lacked standing to pursue claims against eBay Inc. (“eBay”) arising out of a data breach that occurred in...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - March 2015

In This Issue: - Dismissal in P.F. Chang’s Data Breach Case Shows Challenge Plaintiffs Face in Such Actions - Eleventh Circuit Court of Appeals Decision Underscores the Need to Evaluate Insurance Programs for Cyber...more

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