AUTHOR ARCHIVES: Gavin Reinke


Gavin Reinke

Gavin's experience in the federal andstate court systemsat both the trial and appellate levelsgives himinsight into the process and difficulties his clients face when engaged in commercial lawsuits. Read more→

Lenovo Wins Second Motion to Dismiss in Adware Class Action

Posted on: 02 Feb 2018

By Jay Repko 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 VisualDiscovery software that allegedly invades users’ privacy and exposes users to security breaches.  In reaching this decision, Judge Haywood S. Gilliam, Jr. concluded that dismissal was warranted for two reasons: (i) the plaintiffs lacked standing and (ii) the plaintiffs failed to adequately allege actual damages. By its very terms, New York’s Deceptive […] Read more

Eighth Circuit Affirms Dismissal of Scottrade Data Breach Suit

Posted on: 25 Aug 2017

The United States Court of Appeals for the Eighth Circuit recently affirmed the district court’s dismissal of a putative class action brought by customers of the brokerage firm Scottrade in the wake of an alleged data breach impacting Scottrade in 2013.  The named plaintiffs had asserted several contract-based claims against Scottrade, alleging that Scottrade had violated its contractual obligations to take adequate steps to safeguard the personal identifying information (“PII”) of its customers. The Eighth Circuit first considered whether the plaintiffs had adequately alleged standing.  […] Read more

Northern District of Illinois Dismisses Barnes & Noble Data Breach Lawsuit

Posted on: 19 Jun 2017

Earlier this month, the United States District Court for the Northern District of Illinois entered an order dismissing with prejudice a putative class action concerning a security breach affecting PIN pad devices at numerous Barnes & Noble locations.  The lawsuit, In re Barnes & Noble Pin Pad Litigation, No. 12-cv-8617 (N.D. Ill.), was brought by consumers who had used credit and debit cards at Barnes & Noble during the time period of the breach. The operative complaint pleaded several causes of action against Barnes & Noble, including breach of implied contract and the violation […] Read more