News & Analysis as of

Data Breach Consumer Fraud

Baker Botts L.L.P.

District of Arizona Clarifies Causes of Action Available for Breach of Health Data

Baker Botts L.L.P. on

Healthcare providers wrestling with the legal fallout of cyber-attacks just received a fresh reminder from the District of Arizona: traditional tort and contract theories remain difficult to sustain after a breach, but...more

Troutman Pepper Locke

More Privacy, Please – January 2024

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NIST Publishes Report on the Cybersecurity of Genomic Data. On December 20, 2023, the NIST National Cybersecurity Center of Excellence (NCCoE) published Final NIST IR 8432, Cybersecurity of Genomic Data. Informed by direction...more

Robinson+Cole Data Privacy + Security Insider

Crypto Wallet Data Breach Leads to Class Action Litigation

Plaintiffs filed suit in the District Court for the District of Delaware against Shopify Inc. and TaskUs Inc., alleging that the companies failed to implement measures to prevent a data breach that resulted in a breach of...more

Robinson+Cole Data Privacy + Security Insider

New York Law Incorporates Identity Theft into the Definition of Elder Abuse

New York recently passed legislation to amend the definition of elder abuse to include identity theft. This is important as an acknowledgement of the seriousness of the problem of identity theft involving the elderly, and the...more

Cozen O'Connor

Fertility Clinic Allegedly Failed to Safeguard Personal Health Information of 15,000 Patients

Cozen O'Connor on

New Jersey Acting AG Andrew Bruck reached a settlement with healthcare provider Diamond Institute for Infertility and Menopause, LLC (“Diamond”) to resolve allegations stemming from a 2016 data breach that compromised the...more

Cozen O'Connor

AG Climate Change Suits Continue | Dunkin’ In Hot Water | CFPB And States Settle With Student Lender

Cozen O'Connor on

2022 AG Elections- Challenger Takes on Texas Incumbent Attorney General- •Joe Jaworski, former Mayor of Galveston Texas, announced his intention to seek the Democratic nomination for Texas AG to challenge Republican...more

Robinson+Cole Data Privacy + Security Insider

OIG Issues Alert to Warn of ‘Free’ Genetic Testing Scams Seeking to Steal Information

On June 3, 2019, the U.S. Department of Health and Human Services Office of Inspector General (OIG) issued a fraud alert to notify consumers about genetic testing fraud schemes (the Alert)....more

Ballard Spahr LLP

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

Ballard Spahr LLP on

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

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - May 2018 #3

Robinson & Cole LLP on

CYBERSECURITY - Cyber Fraud Cost $1.4 Billion in 201 - The Federal Bureau of Investigation’s Internet Crime Complaint Center (IC3) recently released its yearly internet crime report, which states that over 300,000...more

Robinson+Cole Data Privacy + Security Insider

Cyber Fraud Cost $1.4 Billion in 2017

The Federal Bureau of Investigation’s Internet Crime Complaint Center (IC3) recently released its yearly internet crime report, which states that over 300,000 consumers reported cyber-fraud and malware attacks in 2017,...more

Carlton Fields

Ninth Circuit Gives Leg Up To Shoe Purchasers’ Data Breach Suit

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On March 8, a Ninth Circuit panel held that fear of identity theft in the wake of a data breach satisfies the standing requirements of Article III of the United States Constitution....more

Fenwick & West LLP

Appellate Court Finds Risk of Identity Theft Sufficient to Establish Standing, Circuit Split Worsens

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The U.S. Court of Appeals for the Ninth Circuit has found that allegations of a future risk of identity theft resulting from a data breach are sufficient to establish standing....more

Patterson Belknap Webb & Tyler LLP

LA City Attorney Jumps Into Uber Fray

A complaint filed Monday by Los Angeles City Attorney Mike Feuer accuses Uber Technologies Inc. of violating California law by concealing “for an entire year” a data breach that exposed the names and license numbers of...more

Patterson Belknap Webb & Tyler LLP

Payment or Pillory: More Fallout from Uber’s Data Breach

With new developments regarding Uber Technologies Inc.’s 2016 data breach coming out almost daily, lawsuits against the company continue to pile-up. We previously reported that within days of Uber disclosing the data theft...more

Carlton Fields

Eighth Circuit Privacy Class Action Fails to Clear Second Hurdle

Carlton Fields on

In Carlsen v. GameStop Inc., plaintiff ­– a paid subscriber to defendant’s online gaming magazine – brought a putative class action lawsuit against defendant for alleged breach of its privacy policy by disclosing plaintiff’s...more

McGuireWoods LLP

Retail Industry EMV Compliance Deadline Arrives Today - Credit Card Fraud Liability Shifts

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Starting today, October 1, 2015, a substantial portion of the liability associated with in-store fraudulent credit card purchases shifts from credit card issuers, such as banks or credit unions, to retail merchants. Credit...more

Bilzin Sumberg

New Potential Liability for Data Security: U.S. Court of Appeals for the Third Circuit Announces FTC has Authority to Scrutinize a...

Bilzin Sumberg on

The U.S. Court of Appeals for the Third Circuit announced that the Federal Trade Commission (FTC) has the authority to scrutinize a business’s data security protocol -- and to file a complaint if the FTC finds that protocol...more

BakerHostetler

Another Blow to Data Breach Class Actions: Bell, et al. v. Blizzard Entertainment, Inc.

BakerHostetler on

On July 11, 2013, the U.S. District Court for the Central District of California dismissed a majority of the claims brought against Blizzard Entertainment, Inc. after a data breach suffered by Blizzard in 2012....more

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