News & Analysis as of

Data Security Damages

DLA Piper

Germany: Further Judgment on Non-Material Damages for Loss of Control over Personal Data

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In its judgment of May 13, 2025 (case number VI ZR 186/22), the German Federal Court of Justice (Bundesgerichtshof – “BGH”) continued its case law on the compensability of non-material damages under Article 82 GDPR, in...more

Epstein Becker & Green

Biometric Backlash: The Rising Wave of Litigation Under BIPA and Beyond

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Biometric technologies—such as fingerprint scanners, facial recognition systems, and retina scans—are now commonplace in modern business operations....more

Jones Day

First Tranche of Australia's Much Anticipated Privacy Law Reforms Revealed

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The first wave of Australia's expansive privacy law reforms has been introduced into Federal Parliament in the Privacy and Other Legislation Amendment Bill 2024 (Cth) ("Bill")....more

Foley & Lardner LLP

Learn About Data Privacy and How to Navigate the Information Security Regulatory Landscape

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Insights for this month’s article are provided by ARDA members Gregory Szewczyk, partner at Ballard Spahr Practice Leader of the firm’s Privacy and Data Security Group, and Aaron Tantleff, partner in Foley & Lardner’s...more

Cooley LLP

Inundated With Requests Under New Jersey’s Daniel’s Law? 

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A flood of class action lawsuits have been filed against companies alleging violations of New Jersey’s Daniel’s Law. The statute – enacted after the son of a New Jersey federal judge was fatally shot by a disgruntled lawyer –...more

Cozen O'Connor

AG James to Citibank: No More Ignoring Red Flags

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New York AG Letitia James filed a lawsuit against Citibank, N.A. alleging that the bank violated New York’s Executive Law and General Business Law by failing to enact sufficient data security measures or sufficiently respond...more

Seyfarth Shaw LLP

Illinois Supreme Court Upholds Per-Scan Damages for BIPA Claims

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Seyfarth Synopsis: In February 2023, the Illinois Supreme Court issued a landmark opinion in Cothron v. White Castle finding that claims under the Illinois Biometric Information Privacy Act (“BIPA”) accrue each time a private...more

Sheppard Mullin Richter & Hampton LLP

Mint Gets Data Breach Claims Dismissed

California federal Judge William Alsup dismissed various claims against Mint Mobile LLC based on a data breach that exposed personal information of Mint customers. Plaintiff Daniel Fraser alleged that Mint, a mobile virtual...more

Butler Snow LLP

White House Guidance on Ransomware

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Ransomware has become the fastest growing type of cybercrime facing businesses today. In 2021, loss values were estimated to have reached at least 57 times those in 2015, exceeding $20 billion. Data and privacy issues are so...more

Robinson+Cole Data Privacy + Security Insider

C-Suites: Cybercrime Damages Expected to Reach $6 Trillion by 2021

According to Cybersecurity Ventures, cybercrime is the fastest growing crime in the U.S., with damages expected to reach $6 trillion globally by 2021. Therefore, it is axiomatic that C-Suites continue to address the risk...more

Tucker Arensberg, P.C.

Pennsylvania Supreme Court Holds That Employers Have Duty to Protect Their Employees’ Data

Dittman v. UPMC, 196 A.3d 1036 (Pa. 2018).  The Pennsylvania Supreme Court holds that employers have a legal duty to use reasonable care to safeguard sensitive personal information of their employees when the employer chooses...more

Skadden, Arps, Slate, Meagher & Flom LLP

GDPR Collective Civil Claims Present Potential for Reputational Risk and ‘Ruinous’ Damages

While much attention has been paid to the maximum level of administrative fines under the General Data Protection Regulation (GDPR) — up to 4 percent of total worldwide annual turnover — the regulation also provides for...more

Searcy Denney Scarola Barnhart & Shipley

Data Breaches Prove Costly for Major Businesses

In an age where data is widely available and almost everything is stored online, data breaches are becoming more common, and the outcomes of cases involving data breaches are unpredictable. Data involved in a breach can range...more

Fisher Phillips

“Job Killer” Data Breach Litigation Bill Barely Passes California Senate

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Since my last blog post about SB 1121, the California Senate voted to send SB 1121 to the state Assembly. The on May 30 vote was very close, 22-13, only one above the 21-vote threshold for passing the bill and strictly along...more

Robinson+Cole Data Privacy + Security Insider

Airline Cargo Company Sued Under Illinois Biometric Law

Alliance Ground International is the latest company to be sued for allegedly violating the Illinois Biometric Information Privacy Act (BIPA) for collecting and storing its employees’ fingerprints without their consent....more

Fisher Phillips

Biometrics And “The Mark Of The Beast”: Dealing With Employee Accommodation Requests

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Employers are increasingly using biometric data such as facial characteristics, hand geometry, retina/iris scans, fingerprints and voiceprints in the workplace. Biometric data can be used to establish records of employee...more

Smith Anderson

Protecting Company Relationships and Information Upon an Employee Departure

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Learn how your company can prepare to act quickly and strategically to protect important relationships, information and trade secrets at the time that a key employee leaves. This webinar will review the latest developments in...more

Foley & Lardner LLP

Florida’s CADRA a Powerful New Data Protection

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Florida businesses will soon have an important and powerful new legal cause of action to combat unauthorized access to protected computer systems or data by employees, former employees, directors, officers, and others....more

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