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Data Breach Litigation

97 published works

  1. Privacy World

    No Manufactured Standing: New York State Court Confirms That Fears of Hypothetical Future Harm are Insufficient to Meet Injury-In-Fact

    By Squire Patton Boggs

    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…

  2. 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…

  3. 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.…

  4. 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…

  5. 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…

  6. 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…

  7. 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…

  8. Byte Back

    Supreme Court to Hear Case With Large Potential Impact for Data-Breach Litigation

    By Michael T. Raupp

    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…

  9. 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.…

  10. 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…