North Dakota recently amended its data breach notification law to clarify that the obligation to notify individuals of a breach applies to any entity that “owns or licenses” personal information of the residents of North Dakota. Previously, the obligation to report a breach only applied to those “that conduct[ ] business in the state.” In […]
Data Breach
Nevada Expands Definition of Personal Information In Data Security Statute
On May 13, Nevada Governor Brian Sandoval signed Assembly Bill 179, which expands the definition of personal information for purposes of Nevada’s data breach notification and data security law. Effective July 1, 2015, personal information will include an individual’s medical identification number or health insurance identification number and a user name, unique identifier or email […]
Visa Updates Global Compromised Account Recovery Program
On May 14, 2015, Visa announced several updates to its Global Compromised Account Recovery Program (“GCAR”), which helps card issuers recover costs and fraud losses after a data compromise. These modifications appear to be designed to address changes in the payment environment and align GCAR recoveries more closely with the current estimated costs and risks […]
Target, MasterCard Settlement Allowed to Proceed
The court in In re: Target Corporation Customer Data Security Breach Litigation (D. Minn. MDL No. 14-2522) today entered an order denying the plaintiffs’ motion to enjoin a settlement between MasterCard and Target stemming from the 2013 security breach of Target’s systems. The parties had agreed that Target would pay MasterCard $19 million for damages […]
The Supreme Court To Resolve Whether a Violation of a Statutory Right Confers Article III Standing
The Supreme Court’s recent decision to hear the appeal in Spokeo, Inc. v. Robins may have significant implications for data breach litigation in particular and consumer class action litigation generally. At issue is whether a plaintiff who has suffered no actual injury or harm nonetheless has standing under Article III of the United States Constitution […]