News & Analysis as of

Data Breach Personal Data Article III

Hinshaw & Culbertson - Consumer Crossroads

Navigating Standing Considerations in Data Breach Class Actions

The growing prevalence of data breaches has led to an uptick in class action litigation based on consumers' personal information allegedly being accessed. A common theme emerging in these lawsuits is plaintiffs claiming that...more

Benesch

First Circuit Dives Into Standards for Concrete Harm in Data Breach Litigation

Benesch on

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

Polsinelli

Current Turmoil and Future Risks in Resolving Data Breach Class Actions

Polsinelli on

Data incident lawsuits, especially class actions, have the potential to create significant business disruption, loss of marketplace credibility, civil liability or regulatory exposure. Consequently, companies that experience...more

Proskauer on Privacy

Standing to Sue: Is Theft of Drivers’ License Numbers Sufficient to Allege Imminent Threat of Future Harm?

Proskauer on Privacy on

Judge Jeffrey White of the Northern District of California recently dismissed a putative class action lawsuit in which plaintiffs claimed they faced an imminent threat of future of harm in the form of identity theft and fraud...more

Ballard Spahr LLP

Third Circuit Becomes First Court of Appeals to Address Article III Standing in a Data Breach Case Post TransUnion

Ballard Spahr LLP on

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

Jones Day

Jones Day Global Privacy & Cybersecurity Update | Vol. 28

Jones Day on

UNITED STATES - Regulatory—Policy, Best Practices, and Standards - President Biden Issues Cybersecurity Executive Order  - On May 12, 2021, President Biden issued an executive order that placed new standards on the...more

Robinson+Cole Data Privacy + Security Insider

Filters Fast LLC Fails to Obtain Dismissal of Plaintiffs’ Proposed Class Action

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

ArentFox Schiff

Second Circuit: Plaintiffs Have Standing to Sue for Increased Risk of Identity Theft

ArentFox Schiff on

In April 2021, the Second Circuit issued a decision recognizing an increased risk of future, unrealized identity theft or fraud as a basis for establishing Article III standing. Background - The case, McMorris v. Carlos...more

Shook, Hardy & Bacon L.L.P.

Privacy and Data Security Alert | December 2019

SDNY Rejects Standing under “Increased Risk” Theory Where Data Not Targeted or Stolen - The Southern District of New York rejected a settlement that would have resolved a class action based on the unauthorized (and...more

Hogan Lovells

Going global: Data class actions make their way to the EU

Hogan Lovells on

Class actions have become an increasingly common means to seek redress in data privacy cases. With data breaches and data privacy claims on the rise, we asked our lawyers in France and the U.S. what you should bear in mind....more

Mintz - Privacy & Cybersecurity Viewpoints

Supreme Court Declines to Address Circuit Split on Data Breach Standing Issue

A circuit split on whether actual misuse of personal data is required to have standing to assert data breach claims remains unresolved. Last week the Supreme Court rejected a petition to review that issue in CareFirst v....more

Fenwick & West LLP

Fenwick Privacy Bulletin - Fall 2016

Fenwick & West LLP on

Privacy Shield – An Early Reflection - EU law generally prohibits the transfer of personal data from the European Economic Area to the U.S., unless the transfer is made in accordance with an authorized data transfer...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Privacy & Cybersecurity Update - September 2016"

In this edition of our Privacy & Cybersecurity Update, we examine the Sixth Circuit's decision to allow injury-in-fact to be established by alleging a "substantial risk of harm" in a data breach case, New York state's...more

King & Spalding

Sixth Circuit Lowers Bar For Plaintiff’s Standing To Sue In Data Breach Cases

King & Spalding on

On September 12, 2016, a split panel from the U.S. Court of Appeals for the Sixth Circuit held in an unpublished opinion that customers of Nationwide Mutual Insurance (“Nationwide”) could pursue claims stemming from a 2012...more

Mintz - Privacy & Cybersecurity Viewpoints

Sixth Circuit Rules That Theft of PII from Insurance Company Results in Article III Standing

In its recent decision in Galaria v. Nationwide Mut. Ins. Co., no. 15-3386 (6th Cir. Sept. 12, 2016). Co., No. 15-3386 (6th Cir. Sept. 12, 2016), a divided Sixth Circuit panel held that plaintiffs had standing to assert...more

15 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide