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Protected Health Information Class Action Personally Identifiable Information

Husch Blackwell LLP

U.S. Privacy Litigation Update: May 2025

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Keypoint: In this post: (1) Standing may depend on how specific plaintiffs’ complaint is; (2) the 2d Circuit adopts the 3rd and 9th Circuit’s narrower interpretation of PII under the VPPA; (3) Promises in privacy policies not...more

Saul Ewing LLP

Massachusetts Supreme Judicial Court Rejects Use of Wiretap Statute in Data Privacy Class Action Lawsuits

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Over the past decade, businesses and institutions with public-facing websites have increasingly turned to internet tracking technologies, such as cookies, pixels, and session replay tools, to optimize their websites and offer...more

BakerHostetler

DSIR Deeper Dive: Plaintiffs’ Attorneys Are Trying to Assert a New Cause of Action Against Universities Based on an Old Law...

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As set forth in BakerHostetler’s 2023 Data Security Incident Report, privacy litigation is on the rise. Indeed, 2023 saw a nearly 100 percent increase from 2022 in the number of lawsuits filed in connection with data security...more

Kohrman Jackson & Krantz LLP

Federal Court Rules No Common Law Duty to Prevent or Respond to Data Breaches

Like most healthcare entities, Indiana’s Trinity Health collects, stores, maintains and uses a large volume of particularly sensitive information about patients and others, including Personally Identifiable Information (PII)...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

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 22, Number 1. Privacy Briefs: January 2022

Report on Patient Privacy 22, no. 1 (January, 2022) - New Jersey issued its third settlement in three months on state-level health care privacy and security laws, announcing that three cancer care providers would adopt new...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 21, Number 9. Privacy Briefs: September 2021

Report on Patient Privacy 21 no. 9 (September, 2021) - DuPage Medical Group in Chicago said that the personal information of more than 600,000 patients may have been compromised in a July cyberattack. The medical group,...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

Robinson+Cole Data Privacy + Security Insider

Banner Health Settles Data Breach Class Action Litigation for $6 Million

Arizona-based Banner Health has agreed to settle for up to $6 million a class action case filed against it following a 2016 incident that compromised the personal information of 3 million individuals....more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - March 2018 #3

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Verizon's Protected Health Information Data Breach Report Concludes that Insiders Are Greatest Threat to Health Care Entities - Verizon recently issued its Protected Health Information Data Breach Report, which is always...more

Patterson Belknap Webb & Tyler LLP

Banner Health Class Action Claims Survive Motion to Dismiss

Wednesday, a federal district court in Arizona denied in part and granted in part Banner Health’s motion to dismiss class action claims arising from a 2016 data breach. ...more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - October 2017

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McAfee Report Lists Health Care Sector as Most Targeted Industry for Cyber-Attacks - In its cybersecurity incident report outlining vulnerabilities for the second quarter of 2017, security firm McAfee lists the health care...more

Ballard Spahr LLP

Data Breach Class Action Reinstated Against Horizon Healthcare Services Inc.

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The U.S. Court of Appeals for the Third Circuit has vacated a district court's dismissal of a data breach class action filed against Horizon Healthcare Services Inc., in the wake of the 2013 theft of two computer laptops...more

Patterson Belknap Webb & Tyler LLP

Banner Health Suits Raise Significant Questions for Data Breach Class Actions

Banner Health recently announced that hackers may have gained “unauthorized access to patient information” and “payment card data” from approximately 3.7 million patients, health plan members, food and beverage customers, and...more

Nossaman LLP

Courts Continue to Grapple with Data Breach Claims

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Our last few blogs have focused on litigation under the Video Privacy Protection Act, including the recent ruling from the 10th Circuit in Yershov v. Gannett Satellite Information Network, Inc., 2016 U.S. App. LEXIS 7791 (1st...more

Ballard Spahr LLP

Class Certification Improper in Data Breach Case, PA Appellate Court Finds

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The Pennsylvania Superior Court has affirmed a trial court's decision denying class certification in a data breach case against two health plans, reversing its own earlier ruling in the same case that the plaintiff did not...more

Robinson+Cole Data Privacy + Security Insider

21st Century Oncology data breach litigation update

We previously reported that 21st Century Oncology suffered a data breach affecting 2.2 million patients and has been sued in at least two class action lawsuits following notification to the patient....more

Orrick, Herrington & Sutcliffe LLP

Fourth Circuit Finds Potential Coverage For Data Leak As Publication Under CGL Policy

This week, a Fourth Circuit panel in an unpublished decision validated arguments long made by policyholders: that commercial general liability policies may provide coverage for certain data breach liabilities. In this case,...more

Mintz - Health Care Viewpoints

Class Action Suit Filed Against UCLA After It Suffers Massive Data Breach Affecting 4.5 Million Individuals

In yet another data breach affecting millions of individuals, UCLA Health System (“UCLA”) reported on July 17, 2015, that hackers had accessed portions of its health network that contained personal information, including...more

Troutman Pepper

Lack of Typicality and Adequacy of Representation Prevents Class Certification in Health Care Data Breach

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The opinion from the Philadelphia Court of Common Pleas reinforces lack of standing as a defense for companies facing data breach–related class actions. On March 25, the Philadelphia Court of Common Pleas provided...more

Benesch

Lessons Learned from the Anthem Cyber-Attack and Corresponding “HIPAA Actions”

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Anthem Inc. (“Anthem”), the nation's second-largest health insurer, disclosed on Wednesday, February 4, 2015, that it was the victim of a major cyber-attack. According to Anthem, the attack exposed personal information of...more

King & Spalding

Court Dismisses Data Breach Class Complaint For Lack Of Standing

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On February 11, 2015, the U.S. District Court for the Southern District of Texas held that a plaintiff lacked standing to pursue claims for alleged violations of the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq....more

Carlton Fields

No Harm, No Standing: Texas Federal Court Dismisses Data Breach Class Action

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Dismissing a class action based on a data breach, the Southern District of Texas added to the growing number of decisions that find an alleged risk of future identity theft due to a data breach is not an injury that creates...more

Nossaman LLP

Let the Games Begin: First Sony Class Action Lawsuit Filed Over Data Breach

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It’s happened. The first class action lawsuit has been filed against Sony for failing to prevent hackers from stealing its current and former employees’ social security numbers, medical records, and salary information....more

Baker Donelson

HIPAA Complaint Seeks Class Action Status

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A complaint filed in the Superior Court of California on March 14, 2014, requested certification as a class action and sought a wide variety of damages arising from a breach of personal information. Doe vs. Sutherland Health...more

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