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Foley & Lardner LLP

No Harm, No Foul: Greenwashing Lawsuit Dismissed for Lack of Article III Standing

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It is well-settled that under Article III of the Constitution, United States federal courts are limited to trying “cases and controversies.” Moreover, a case or controversy exists only if a plaintiff has standing to file the...more

Genova Burns LLC

Potential Harm Enough For Class Action to Proceed in Data Breach Litigation

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The Third Circuit Court of Appeals has given new life to a putative class action suit led by a former employee of a company that suffered a ransomware attack, leading to her sensitive information being released onto the Dark...more

Fisher Phillips

One Employee’s Accidental Email Leads To A Significant Data Breach Ruling in Federal Appeals Court

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A federal appeals court recently addressed whether employees had standing to bring a lawsuit when their personally identifiable information (PII) was inadvertently circulated to other employees at the company, with no...more

Akin Gump Strauss Hauer & Feld LLP

“Banana Republic Does Not Sell Bananas”: Court Dismisses ADA Gift Card Claims

- Retailers and restaurant chains are defending against mass litigation in the New York federal courts that challenges gift cards under the ADA and state and local laws. - Judge Woods in the Southern District of New York...more

King & Spalding

North Carolina Federal Court Dismisses Data Breach Class Action Based on Lack of Article III Standing

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On October 1, the Eastern District of North Carolina dismissed a putative data breach class action because the plaintiffs failed to allege facts showing that their stolen data had actually been used (or was likely to be used)...more

Fenwick & West LLP

Biometric Data Privacy Act Class Action Dismissed for Lack of Actual Injury

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A federal district court in the Northern District of Illinois dismissed a putative class action alleging violations of the Illinois Biometric Information Privacy Act — known as the BIPA — holding that the allegation of a mere...more

Ballard Spahr LLP

Court dismisses NYDFS lawsuit challenging special purpose national bank charter for fintech companies

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A New York federal district court has dismissed the lawsuit filed by the New York Department of Financial Services (DFS) challenging the OCC’s authority to grant special purpose national bank (SPNB) charters to nondepository...more

Ballard Spahr LLP

California Federal Court Dismisses TCPA Claims for Lack of Article III Standing

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A plaintiff did not have Article III standing to assert claims under the Telephone Consumer Protection Act (TCPA) for alleged autodialed calls made to her without her consent, a California federal district court recently...more

Robinson+Cole Data Privacy + Security Insider

Scottrade data breach class action case dismissed for lack of standing

We previously reported that Scottrade was hit with a class action case within 24 hours of notifying customers of a data breach. According to the Complaint, the data compromised included the names, addresses, telephone...more

King & Spalding

SuperValu Consolidated Class Action Data Breach Complaint Dismissed For Lack Of Standing

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On January 7, 2016, the U.S. District Court for the District of Minnesota dismissed for lack of standing the consolidated data breach complaint filed by consumers against SuperValu, Inc., AB Acquisition, LLC, and New...more

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