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Data Breach Litigation

Another Court Dismisses Data Breach Class Action Lawsuit for Lack of Standing

March 12, 2021 By Donald Houser, Shifali Baliga and Noelle Reyes

In what appears to be a growing trend, another federal district court has dismissed a data breach case for lack of standing. In Springmeyer et al. v. Marriott International, Inc., 2021 WL 809894 (D. Md.), Plaintiffs, former guests of Marriott hotels, sued Marriott in connection with a data breach affecting over 5 million guests. Marriott moved […]

Filed Under: Data Breach, Data Breach Litigation Tagged With: Identity Theft

NYDFS Reports Major Cybersecurity Settlement

March 11, 2021 By James Harvey and Privacy, Cyber & Data Strategy Team

In early March, the New York Department of Financial Services (NYDFS) announced a settlement involving a $1.5M penalty and mandatory remediation in response to a mortgage lender’s alleged failure to report a cyber breach, and other alleged cybersecurity failures. This enforcement action marks the second public enforcement action under 23 NYCRR Part 500 (the “Cybersecurity […]

Filed Under: Cyber Risk, Cybercrime, Cybersecurity, Data Breach, Data Breach Litigation, Data Protection, Data Security, Digital Crimes, Enforcement, Financial Privacy, NYDFS, Regulation, Security Breach

Eleventh Circuit Holds Risk of Future Harm Does Not Establish Article III Standing

February 26, 2021 By Donald Houser and Adrielle Conner

As part of a growing trend, the Eleventh Circuit recently held that an alleged risk of future identity theft does not establish standing where the plaintiff does not allege any information has actually been misused.  Tsao v. Captiva MVP Rest. Partners, LLC, No. 18-14959, 2021 U.S. App. LEXIS 3055 (11th Cir. Feb. 4, 2021).  The […]

Filed Under: Data Breach Litigation Tagged With: article III standing

Federal Court Rules Cyber Forensic Report Is Not Protected Under Attorney-Client Privilege Or Work Product Doctrine

January 13, 2021 By Jon Knight

On January 12, 2021, Judge Boasberg (D.D.C.) ruled that a forensic report prepared for outside counsel following a cyber incident investigation was not protected under either attorney-client privilege or the work product doctrine.  The investigation in question was run by outside counsel and the security firm had been retained by outside counsel.  This decision is […]

Filed Under: Cybercrime, Data Breach Litigation

The CCPA Could Reset Data Breach Litigation Risks

August 21, 2019 By Privacy, Cyber & Data Strategy Team

While much has been written about the California Consumer Privacy Act (“CCPA”), the focus has primarily been on the new rights it affords California consumers to have access to and control use of their data and opt out of many transfers to third parties. While this is a sea change in data privacy legislation in […]

Filed Under: California, Cybersecurity, Data Breach, Data Breach Litigation, Data Security, Legislation, Online Privacy, Privacy, Security Breach

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