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Hinshaw & Culbertson - Consumer Crossroads

Navigating Standing Considerations in Data Breach Class Actions

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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

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

Troutman Pepper Locke

Firmer Footing for Data Breach Standing, Thanks to the Second Circuit

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Instead of identifying traditionally “tangible” injuries, data breach plaintiffs typically point to the fact that they may be the victim of identity theft at some point in the future. Prior to late April 2021, the federal...more

ArentFox Schiff

Privacy Update: Corporate Boards - Don’t Underestimate Your Role in Data Security Oversight

ArentFox Schiff on

The Federal Trade Commission (FTC) continues to put emphasis on the importance of corporate board involvement in privacy and data security. Corporate Boards: Don’t Underestimate Your Role in Data Security Oversight - The...more

Blank Rome LLP

Lessons Learned From Eleventh Circuit’s Dismissal of Data Breach Suit Alleging Only Increased Risk of Future Harm for Lack of...

Blank Rome LLP on

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

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

Shook, Hardy & Bacon L.L.P.

The Eleventh U.S. Circuit Wades into the Data-Breach-Standing Debate

Shook, Hardy & Bacon L.L.P. on

Last week, in a 26-page opinion, the 11th U.S. Circuit Court of Appeals weighed in on two questions crucial to the viability of privacy and data breach litigation in federal court—and perhaps even in general. First, does a...more

Troutman Pepper Locke

No Federal Court Standing for Data Breach Claims Alleging Theft of Non-Sensitive Personal Information

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A federal court in California has ruled that the plaintiff in a putative class action alleging theft of non-sensitive personal information arising from a cybersecurity data breach lacks Article III standing to maintain his...more

Bradley Arant Boult Cummings LLP

Defeating Class Certification in Consumer Data Breach Class Actions Begins with Understanding How They Occur

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Consumer data breach class actions, for all of their popularity on dockets and especially in headlines, can make difficult cases for plaintiffs. Issues like standing and damages often keep these cases from getting off the...more

Troutman Pepper Locke

Second Circuit Set to Address Key Issues Under Illinois Biometric Information Privacy Act

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The Second Circuit became the first U.S. Court of Appeals to wade into the rising tide of litigation under Illinois’s Biometric Information Privacy Act (“BIPA”) when it conducted oral argument on October 26, 2017 in a BIPA...more

Patterson Belknap Webb & Tyler LLP

Cyber Briefing: Second “Envelope” Lawsuit Against Aetna, Yahoo to Answer for 1.5 Billion Hacked Accounts and Eighth Circuit...

Patterson Belknap Webb & Tyler LLP on

As we head into the new week, here’s a quick summary of major data security developments from around the country. Aetna Hit With Second “Envelope” Lawsuit - Aetna Inc. is now facing a second lawsuit over the disclosure...more

Proskauer - New Media & Technology

A Host of Biometric Privacy/Facial Recognition Bills Currently Circulating in State Legislatures

Proskauer - New Media & Technology on

We’ve written extensively about the numerous lawsuits, dismissals and settlements surrounding the Illinois Biometric Information Privacy Act (BIPA). The statute, generally speaking, prohibits an entity from collecting,...more

Alston & Bird

Class Action Roundup: Fall 2016

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In this edition of Class Action Roundup, we feature decisions from the third quarter of 2016, covering everything from pizza delivery and Uber drivers to payday lenders, canned tuna manufacturers, and even...more

K&L Gates LLP

Proactive Protection of Consumers or Premature Penalty? Consumer Financial Protection Bureau Bucks the Trend in Data Security...

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Data breaches and cybersecurity attacks appear to be growing in frequency. Despite the increase in the number of such attacks, plaintiffs have found it difficult to establish a legal foothold for data breach claims, as...more

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