Topic
Data Breach Litigation
97 published works
Privacy World
No Manufactured Standing: New York State Court Confirms That Fears of Hypothetical Future Harm are Insufficient to Meet Injury-In-Fact
A recent decision from the Supreme Court of New York confirms that to survive dismissal, plaintiffs in data breach actions must establish injury-in-fact through a showing of actual or imminent…
Privacy World
CPW Week in Review
By Kristin Bryan, Angelo Carosio
In case you missed it, below is a summary of recent posts from CPW. Please feel free to reach out if you are interested in additional information on any of…
Privacy World
Court Holds Data Breach Notice Disclosing Potential Cyberattack Does Not Establish Plaintiffs’ Standing in Privacy Litigation
By Angelo Carosio, Squire Patton Boggs
While many federal courts have weighed in on the issue of what suffices for Article III standing in the context of a data breach litigation, not all state courts have.…
Privacy World
DENIED! Court REJECTS Motion to Certify Class in Data Breach Alleging Disclosure of Employees’ Sensitive Tax Information
By Kristin Bryan, Angelo Carosio
Data breach litigations rarely make it to motions for class certification. This trend makes each decision that does come out addressing class certification in the data breach context that much…
The Data Advisor
Court Orders Production of a Data Breach Forensic Report, Rejecting Arguments That Attorney-Client Privilege and Work Product Protection Apply
By Beth George, Allison Bender, Megan Kayo
On January 12, 2021, the District Court of the District of Columbia was the latest court to grant a motion to compel production of a forensic report prepared by an…
CyberAdviser
Federal Court Dismisses CCPA Claim Against Marriot International, Inc. For Lack of Standing
By Gregory P. Szewczyk, Philip N. Yannella, Scott S. Humphreys, Mo Pham-Khan
On January 12, 2021, the federal District Court for the Central District of California dismissed a data breach law suit—including a claim filed under the California Consumer Privacy Act (“CCPA”)—against…
Privacy World
Data Breach Litigations: 2020 Year in Review
By Kristin Bryan, Angelo Carosio
2020 has been a year for the record books, and the area of data breach litigation is no exception. Several key developments, when considered individually or in conjunction, will likely…
Byte Back
Supreme Court to Hear Case With Large Potential Impact for Data-Breach Litigation
Keypoint: Supreme Court’s decision could require individuals to suffer an actual injury prior to participating in a class action. On December 16, the Supreme Court of the United States agreed…
Privacy World
Lack of Standing: The Gift That Keeps on Giving for Defendants in Data Privacy Litigation
By Kristin Bryan, Angelo Carosio
Christmas came early this year for an online gift shop that was named as a defendant in data breach litigation. Fus v. Cafepress, Inc., 2020 U.S. Dist. LEXIS 223077 (N.D.…
Privacy World
SHH! Entering Confidential Arbitration: When User Terms and Conditions Defeat a Data Privacy Litigation
By Kristin Bryan, Angelo Carosio
Arbitration agreements are increasingly common for manufacturers of consumer electronics equipment (you read all of those small print terms and conditions when you purchased your new smart phone, right?). A…