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Data Breach

Fifth Circuit Revives Banks’ Heartland Data Breach Claims

September 13, 2013 By Privacy, Cyber & Data Strategy Team

In Lone Star Nat’l Bank, N.A., et al. v. Heartland Payment Sys., Inc., No. 12-20648 (5th Cir. Sept. 3, 2013) (hereinafter “Heartland”), arising from the now-infamous 2008 data breach, the Fifth Circuit recently reversed a motion to dismiss, finding that the economic loss doctrine did not apply and that various credit card issuers could state […]

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

Illinois District Court Dismisses Data Breach Claims for Lack of Standing

September 13, 2013 By Privacy, Cyber & Data Strategy Team

In In re Barnes & Noble Pin Pad Litigation, No. 1:12-cv-08617 (N.D. Ill. Sept. 3, 2013), the United States District Court for the Northern District of Illinois dismissed a putative class action against defendant retailer Barnes & Noble because the named plaintiffs could not establish injury in fact stemming from the alleged security breach, and […]

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

New European Data Breach Rules for Telcos and ISPs

September 11, 2013 By Kim Peretti

On August 25, 2013, a new European Regulation came into effect that changed and expanded upon the breach notification procedures set forth in the E-Privacy Directive (2002/58/EC). The Regulation outlines two independent notification obligations: (1) notification to the relevant national authority within 24 hours after detection of a personal breach where feasible; and (2) notification […]

Filed Under: Cybercrime, Cybersecurity, Data Breach, International, Legislation, Privacy, Security Breach

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