News & Analysis as of

Data Breach Litigation Strategies Federal Rules of Civil Procedure

Clark Hill PLC

Filing data breach class actions under fictitious names

Clark Hill PLC on

In a growing trend that raises serious procedural and strategic concerns, we have seen a number of cases filed by plaintiffs using fictitious names (e.g., John Doe, Jane Doe, etc.), hiding the name of the actual plaintiff. ...more

Hogan Lovells

Class action waiver prevails: Fourth Circuit reverses certification in Marriott data breach litigation again

Hogan Lovells on

The Fourth Circuit (again) de-certified classes in the Marriott Data Breach Litigation. As further described below, the court held that the class action waiver at issue in the case was valid, not prohibited by Rule 23, and...more

Davis Wright Tremaine LLP

Litigation Preparedness Following a Data Breach: Three Tips to Consider During the Incident Response Period

Data breaches come in many different forms, sizes, and levels of complexity, but they tend to share certain key facts: A third-party bad actor—whether through a phishing attack, a ransomware attack, exploitation of a zero-day...more

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