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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

Knobbe Martens

Data Breach: No Injury-in-Fact, Case Dismissed

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It well known that there are, unfortunately, many data breaches that frequently put private citizens’ data privacy in jeopardy. States have passed a variety of statutes aimed at addressing this problem in an attempt to...more

Fenwick & West LLP

Eighth Circuit Finds No Duty for Retailers to Safeguard Personal Data of Customers - Consumer Protection Violation Requires Actual...

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Pursuing negligence claims in the Eighth Circuit following a data breach just got harder. On May 31, 2019, the U.S. Court of Appeals for the Eighth Circuit again dismissed the data breach claims in In re SuperValu, Inc....more

Holland & Knight LLP

Food and Beverage Law Update: June 2018

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Wage and Hour - Decision Upholds Class Action Waivers in Arbitration Clauses, Resolves Circuit Split - The U.S. Supreme Court issued a long-awaited decision in Epic Systems Corp. v. Lewis on May 21, 2018, holding that...more

Alston & Bird

Lenovo Wins Second Motion to Dismiss in Adware Class Action

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A California district court recently dismissed—for the second time—consumer claims that technology giant Lenovo Inc. violated New York’s Deceptive Acts and Practices Statute by selling laptops with preinstalled...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - July 2017

In this month's edition of our Privacy & Cybersecurity Update, we examine new privacy laws in Germany, an FTC settlement with an alleged consumer loan company over unfair and deceptive practices, the dismissal of a data...more

Bilzin Sumberg

Home Depot Challenges Banks’ Standing to Recover Losses Related to Data Breaches

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In the aftermath of major data breaches at deep-pocketed retailers and other businesses, there is typically no shortage of litigants who move quickly to seek compensation from the business at which the breach occurred. But...more

Mintz - Consumer Product Safety Viewpoints

California Plaintiffs Say that Size Matters: Consumer Fraud Class Action Challenges Slack-Fill in Protein Products

According to named plaintiffs in a consumer fraud action filed in December in the Southern District of California, size matters when making it comes to making a purchase. In fact, Plaintiffs claim that the average consumer’s...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

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

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