We get Privacy for work – Episode 6: The Potential Privacy Risks Inherent to Mergers and Acquisitions
Driving Digital Security: The FTC's Safeguards Rule Explained — Moving the Metal: The Auto Finance Podcast
No Password Required: SVP at SpyCloud Labs, Former Army Investigator, and Current Breakfast Champion
No Password Required Podcast: Chief Product Officer at ThreatLocker and Advocate of Buc-ee’s, Mascots, and Buc-ee Mascots
No Password Required: Director and Cybersecurity Adviser at KPMG and Rain Culture Authority
AI Talk With Juliana Neelbauer - Episode Two - Cybersecurity Insurance: The New Frontier of Risk Management
On-Demand Webinar: Bring Predictability to the Spiraling Cost of Cyber Incident Response Data Mining
On-Demand Webinar: Bring Predictability and Reduce the Spiraling Cost of Cyber Incident Response
Unlock Privacy ROI: Why Making Cross-Functional Allies is Key
No Password Required: USF Cybercrime Professor, Former Federal Agent, and Vintage Computer Archivist
Episode 334 -- District Court Dismisses Bulk of SEC Claims Against Solarwinds
Monumental Win in Data Breach Class Action: A Case Study — The Consumer Finance Podcast
Cost of Noncompliance: More Than Just Fines
Will the U.S. Have a GDPR? With Rachael Ormiston of Osano
Work This Way: A Labor & Employment Law Podcast | Episode 14: How Employers Can Navigate Cybersecurity Issues with Brandon Robinson, Maynard Nexsen Attorney
FBI Lockbit Takedown: What Does It Mean for Your Company?
Privacy Officer's Roadmap: Data Breach and Ransomware Defense – Speaking of Litigation Video Podcast
Decoding Cyber Threats: Protecting Critical Infrastructure in a Digital World — Regulatory Oversight Podcast
Life With GDPR: Episode 104 – Solar Winds and Your Mother – Tell The Truth
No Password Required: American University’s Vice Provost for Research and Innovation and a Tracker of (Cyber) Unicorns
One of the main risks for a company in the event of a data breach is the threat of litigation. Data breach litigation continued to proliferate in 2024, as it has in prior years....more
The law can be funny. Not in a comedic way, but in a way that defies expectations about what is needed to bring a cause of action. Sometimes this is manifested in the quantum of evidence needed to bring an action and survive...more
In the complex and rapidly evolving landscape of data breach litigation, the First Circuit’s recent case of Webb v. Injured Workers Pharmacy, LLC stands as a significant milestone, and it offers a wealth of insights for...more
Takeaway: Ever since the U.S. Supreme Court ruled in Clapper v. Amnesty Int’l USA, 568 U.S. 398, 416 (2013), that plaintiffs “cannot manufacture standing merely by inflicting harm on themselves based on . . . hypothetical...more
A recent decision from the Third Circuit suggests that the leak of information onto the Dark Web provides standing to class action plaintiffs in data breach litigation. In Clemens v. ExecuPharm, Inc., 48 F.4th 146 (3d Cir....more
Takeaway: We have written a number of articles about standing issues arising in data breach class actions. See, e.g., Data breach class actions: Third Circuit sets out parameters for Article III injury-in-fact (Oct. 27,...more
Takeaway: We have written a number of articles about the kinds of intangible injuries that confer Article III standing in the data breach and credit reporting contexts. See Data breach class actions: Southern District of...more
The Third Circuit recently became the first federal appellate court to address the question of whether the victim of a data breach has Article III standing to bring a claim for damages based on the fear of identity theft...more
The Third Circuit Court of Appeals has given new life to a putative class action suit led by a former employee of a company that suffered a ransomware attack, leading to her sensitive information being released onto the Dark...more
Last week, New York federal judge Vincent L. Bricetti dismissed a data breach class action against Northeast Radiology PC (northeast) and Alliance HealthCare Services (Alliance) because the plaintiffs failed to allege a...more
Takeaway: In a prior article, we reported on the Second Circuit’s decision in McMorris v. Carlos Lopez & Associates, LLC, 995 F.3d 295 (2d Cir. 2021), in which the court, ruling on an issue of first impression, set out a...more
Takeaway: In the wake of a data breach, a class of Plaintiffs whose personal and/or financial information is disseminated to third parties all share the same concern – the risk of future harm. But in order for these...more
In a data breach lawsuit, a plaintiff will sue a company that suffered a data breach in which the plaintiff’s personal information was stolen by cyberattackers. The plaintiff will claim that the breach has exposed the...more
With all the focus on data privacy, it is no surprise that courts are weighing in on this topic so that consumers can have more guidance about their legal options and organizations can tailor their breach response plans. On...more
This week, a North Carolina federal judge denied Filters Fast LLC’s motion to dismiss a proposed data breach class action, ruling that the plaintiffs demonstrated adequate harm to satisfy Article III standing....more
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
This week, Ancestry.com Inc. prevailed in a class action which alleged that it misappropriated consumers’ images and violated their privacy by using such data to solicit and sell their services and products. ...more
Takeaway: Since the U.S. Supreme Court addressed the issue of standing based on allegations of possible future injury in Clapper v. Amnesty International USA, 568 U.S. 398 (2013), the courts of appeals have addressed this...more
In McMorris v. Carlos Lopez & Associates, LLC, a data breach case, the Second Circuit held that plaintiffs may demonstrate standing based on a theory of “increased risk” of future identity theft or fraud following an...more
A federal appeals court recently addressed whether employees had standing to bring a lawsuit when their personally identifiable information (PII) was inadvertently circulated to other employees at the company, with no...more
While some states have enacted privacy laws granting consumers the right to bring a private right of action in a data breach context, federal courts have struggled to fit data breach injury into traditional Article III...more
The Second Circuit recently issued a decision in McMorris v. Carlos Lopez & Associates, LLC, No. 19-4310, 2021 U.S. App. LEXIS 12328 (2nd Cir. Apr. 26, 2021), which clarifies the circumstances under which plaintiffs alleging...more
In a thoughtful opinion that diverges from how other circuit courts have addressed the issue, the Second Circuit recently issued a ruling clarifying the circumstances when data breach plaintiffs can rely on fear of identity...more
In the context of data breach class action litigation, the question of whether Article III standing can be satisfied is often dispositive of the outcome of an action. However, a deep circuit split currently exists between the...more