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Data Protection Class Action Corporate Counsel

Herbert Smith Freehills Kramer

Protecting your business: The implications of Australia’s new privacy tort

On 10 June 2025, the new statutory tort for serious invasions of privacy came into force as part of a suite of privacy reforms passed last year, substantially enhancing privacy protections and signalling a material shift in...more

Wilson Sonsini Goodrich & Rosati

EU Court Awards Damages for Breach of EU Data Transfer Rules

On January 8, 2025, the second highest court of the European Union (EU), the General Court of the Court of Justice of the EU (the Court), ordered (in Bindl v European Commission, Case T-354/22) the European Commission (EC) to...more

Robinson+Cole Data Privacy + Security Insider

A Year in Privacy and Security: Privacy Violations, Large-Scale Data Breaches, and Big Fines and Settlements

2024 was a year chock-full of data breaches and privacy violations. Many new data privacy and cybersecurity regulations were introduced (and became effective), and regulators sent a strong message to businesses that privacy...more

Robinson+Cole Data Privacy + Security Insider

Tennessee Passes Law Restricting Data Breach Class Action Suits

Tennessee Governor Bill Lee signed legislation on May 22, 2024, that will shield private entities from class action lawsuits stemming from a cybersecurity event unless the event was caused by willful, wanton, or gross...more

WilmerHale

Year in Review: CCPA Litigation Trends from 2023

WilmerHale on

This post is part of a series of articles we are doing on 2023 data protection litigation trends. While the California Consumer Privacy Act (CCPA) is most known for its onerous privacy compliance obligations, the law also...more

K&L Gates LLP

Recent Trends in Generative Artificial Intelligence Litigation in the United States

K&L Gates LLP on

Although still in their infancy, a growing number of recently-filed lawsuits associated with generative artificial intelligence (AI) training practices, products, and services have provided a meaningful first look into how US...more

Pillsbury Winthrop Shaw Pittman LLP

One to Watch: Has the Ninth Circuit Turned on Section 230?

Ninth Circuit precedent protects information service providers from liability arising from user-generated content, including when classifying user characteristics as part of platform design or providing neutral tools that...more

Blank Rome LLP

Protecting Against Invasion of Privacy Chat Box Class Actions

Blank Rome LLP on

California has seen a recent surge of both class action and individual claims under the California Invasion of Privacy Act (“CIPA”) in which plaintiffs attack websites using “chat boxes”—live or automated instant messaging...more

Wyrick Robbins Yates & Ponton LLP

My Health, My Data, My Class Action Lawsuit: Why the Washington My Health My Data Act Deserves EVERY Company’s Attention

To say there’s been a lot of new privacy law in the last decade is an understatement. For those of us who think we’ve “seen it all,” many of these new laws arrive and elicit a sense of challenge (for the optimists) or mild...more

Seyfarth Shaw LLP

Privacy Law Trends to Watch: Wiretapping Class Actions Focused on Session Replay

Seyfarth Shaw LLP on

Seyfarth Synopsis: In 2022, the Third Circuit Court of Appeals revived a class action lawsuit asserting violations of the Pennsylvania Wiretapping and Electronic Surveillance Control Act (“WESCA”). The lawsuit alleged that an...more

Kilpatrick

Data breach class actions: SDNY finds standing based on sketchy injury-in-fact allegations

Kilpatrick on

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

Pierce Atwood LLP

District of Massachusetts Dismisses Data Breach Class Action for Lack of Injury

Pierce Atwood LLP on

On October 18, 2022, in Webb v. Injured Workers Pharmacy, LLC, the District of Massachusetts dismissed a class action complaint brought by former pharmacy patients alleging that their sensitive personal information had been...more

Blake, Cassels & Graydon LLP

Actions collectives en matière de protection de la vie privée : tendances récentes

Privacy class actions are common in Canada. They can involve allegations under federal and provincial legislation, common law torts and Quebec civil law, following data breaches or other alleged breaches of privacy laws....more

Blake, Cassels & Graydon LLP

Privacy Class Actions in Canada: Recent Trends

Privacy class actions are common in Canada. They can involve allegations under federal and provincial legislation, common law torts and Quebec civil law, following data breaches or other alleged breaches of privacy laws....more

A&O Shearman

Netherlands: One of the first major privacy class actions dismissed by Court of Amsterdam

A&O Shearman on

The entire privacy community waited anxiously for the outcome of the EUR 11 billion class action claim, launched in the summer of 2020 by The Privacy Collective (TPC) against several Oracle and Salesforce entities at the...more

Smart & Biggar

2021 Highlights in Canadian Life Sciences IP and Regulatory Law

Smart & Biggar on

In the fall of 2021, the Rx IP Update team celebrated its 20thyear of monthly updates on Canadian life sciences IP and regulatory law. Below are highlights from our team’s 2021 updates...more

Proskauer on Privacy

UK Supreme Court Landmark Decision Limits Data Privacy Class Actions in the UK

Proskauer on Privacy on

The UK Supreme Court handed down its much-anticipated decision in the Lloyd v Google LLC [2021] UKSC 50 case on 10 November 2021 restricting claimants’ ability to bring data privacy class actions in the UK under the (now...more

Troutman Pepper Locke

JPML Articulates Limitations for Consolidation in Geico Data Breach Litigation

Troutman Pepper Locke on

Despite overlap of alleged putative nationwide class definitions, the Judicial Panel on Multidistrict Litigation (JPML) denied Geico’s attempt to consolidate five class-action lawsuits arising from a data breach notification...more

Mintz - Privacy & Cybersecurity Viewpoints

Another Court Orders Production of Cybersecurity Firm’s Forensic Report in a Data Breach Case

Another district court just ordered the defendant in a data breach class action to turn over the forensic report it believed was entirely protected from disclosure by the attorney-client privilege and work product doctrine....more

Mintz - Privacy & Cybersecurity Viewpoints

CCPA Breach Class Action Settlement About to Get “Minted”

Although the California Consumer Protection Act (“CCPA”) went into effect on January 1, 2020 and over 100 class actions referencing the CCPA have been filed to date, very few class actions have actually made their way to...more

Kilpatrick

Data Breach Class Actions – Eleventh Circuit Finds Allegations of “Increased Risk” of Harm Insufficient to Confer Standing

Kilpatrick on

Takeaway: In Tsao v. Captiva MVP Restaurant Partners, LLC, 986 F.3d 1332, 1339 (11th Cir. 2021), the Eleventh Circuit held that evidence of a “mere data breach” is not sufficient to establish standing where the hackers...more

Troutman Pepper Locke

A Big Win for Walmart Helps Further Define the Scope of Data Breach Class Actions: ‎Gardiner v. Walmart, Inc.‎

Troutman Pepper Locke on

Litigants have been looking forward to guidance regarding the limits of data breach claims since the California Consumer Privacy Act (“CCPA”) took effect on January 1, 2020. Now some of the questions are starting to be...more

Morrison & Foerster LLP

One For All! Collective Redress Is Coming To The EU

The EU may soon introduce and adopt a collective redress directive that will make it possible for consumers across the EU to bring forward class action cases on various legal matters. The European collective redress system,...more

Mintz - Privacy & Cybersecurity Viewpoints

A New CCPA Data Breach Lawsuit Is “Minted”

Online stationery and craft company Minted Inc. has been hit with a CCPA class action lawsuit, stemming from a massive data breach the company disclosed in late May. The proposed class action lawsuit, filed in a California...more

Kilpatrick

Data breach class actions: Illinois federal court dismisses negligence claims for lack of common law duty and based on the...

Kilpatrick on

Takeaway: In a data breach class action, the typical panoply of claims asserted include tort claims (such as negligence and negligence per se), contractual claims (such as claims for breach of express and implied contracts),...more

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