News & Analysis as of

Standing Cyber Attacks Data Security

Pierce Atwood LLP

Class Action Filings in New England Surge in 2025, Poised to Set New Record Highs

Pierce Atwood LLP on

A tidal wave of increased class action activity is breaking in New England courts. Through the first six months of 2025, total class action filings in First Circuit federal and state courts across New England have already...more

Orrick, Herrington & Sutcliffe LLP

11th Circuit orders reexamination of breach class boundaries

On July 11, a split U.S. Court of Appeals for the Eleventh Circuit partially vacated the greenlighting of two data breach class actions, holding that a district court must re-analyze the boundaries of the classes. Both the...more

K&L Gates LLP

Hold On, You Didn’t Overpay for That: Courts Address New “Overpayment” Theory from Plaintiffs in Data Breach Cases

K&L Gates LLP on

With the ever-increasing amount of personal information stored online, it is unsurprising that data breach litigation has become increasingly common. A critical issue in nearly all data breach litigation is whether a...more

King & Spalding

OPM Faces Another Class Action For The Theft Of Data Affecting 21.5 Million Current, Former And Prospective Government Employees

King & Spalding on

On August 14, 2015, a class action was filed in the United States District Court for the District of Columbia on behalf of about 21.5 million federal employees, contractors, and job applicants whose personal information was...more

Carlton Fields

Seventh Circuit Petitioned for Rehearing En Banc to Determine Whether Data Breach Class Claims Survive Clapper, Satisfy Article...

Carlton Fields on

In January 2014, luxury retailer Neiman Marcus disclosed that it had suffered a cyberattack in which hackers may have gained access to 350,000 credit and debit cards used at its stores in late 2013. Plaintiffs, all of whom...more

Pillsbury - Internet & Social Media Law Blog

Seventh Circuit Finds Article III Standing for Data Breach Class Action Based on Allegations of Future Harm

In the wake of numerous data breach cases dismissed for lack of Article III standing based on the Supreme Court’s decision in Clapper v. Amnesty Int’l USA, 133 S. Ct. 1138, 1147 (2013), the Seventh Circuit Court of Appeals...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - July 2015

Seventh Circuit Decision May Make It Easier for Class Action Plaintiffs to Establish Standing in Data Breach Cases - The Seventh Circuit has issued a decision that could make it much easier for class action plaintiffs to...more

Robinson+Cole Data Privacy + Security Insider

Seventh Circuit overturns Neiman Marcus data breach class action dismissal

In an unusual turn for recent data breach class action cases, the Seventh Circuit this week found that a likely threat of identity theft is sufficient for a proposed class to have standing to sue Nieman Marcus for a...more

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