Until recently, individuals whose information was compromised as a result of a company suffering a data breach faced an uphill battle when suing the company in a class action lawsuit. Far more often than not, Courts dismissed the lawsuits or entered summary judgment in favor of defendants on grounds that the plaintiffs could not establish… Continue Reading
Category Archives: Lawsuits
Subscribe to Lawsuits RSS FeedNew U.S. Supreme Court Decision Will Likely Impact Data Breach Litigation
Posted in Data Breach, Data Security, LawsuitsThe following Data Security Law Journal post was authored by Becky Schwartz, my law partner at Shook Hardy & Bacon. Becky is an experienced class action litigator who has developed a specialty in privacy litigation. In this post, Becky discusses a recent U.S. Supreme Court decision that may make it more difficult for consumers to… Continue Reading
Identity Theft –Who Is A Victim?
Posted in Data Security, LawsuitsAre you a victim of identity theft when your personally identifiable information is stolen? Is the theft alone, and the risk that your information may be misused, sufficient? Does your information have to be misused in some fraudulent manner before you can be considered a victim? A federal appellate court recently weighed in on these… Continue Reading
Where Can You Be Sued For Using A Computer?
Posted in All Things E, Jurisdiction, LawsuitsIt is sometimes easy to forget with the increasing mobility of electronic information and our ability to “work from anywhere” that behind our office laptop, desktop, or tablet computing device is a network of servers that may be located anywhere in the world. When we hit “send”, “save”, or “open”, we use the network to… Continue Reading
The Southern District of Florida Weighs In On Data Breach Lawsuits
Posted in Data Breach, Data Security, LawsuitsLate last week, another Federal District Court (the Southern District of Florida) weighed in on the circumstances under which a plaintiff may sue a breached entity civilly for damages when the plaintiff’s personally identifiable information (PII) is inappropriately accessed or acquired. The Court allowed the case to proceed with counts for violation of Florida’s Unfair… Continue Reading
Private Lawsuits Arising From Data Breaches – The Eleventh Circuit Weighs In
Posted in Data Breach, Data Security, Health Care Industry, LawsuitsLast week, the United States Court of Appeals for the Eleventh Circuit decided Resnick v. AvMed, Inc., No. 11-13694 (11th Cir. Sep. 5, 2012). The Court’s opinion addresses some important issues regarding an individual’s right to bring a private lawsuit when her personally identifiable information or protected health information is compromised. In its decision, the… Continue Reading
Why is the Countrywide data breach lawsuit dismissal important?
Posted in Data Breach, Data Security, LawsuitsAnother court has weighed in on the issue of what constitutes a cognizable injury in a data breach case. In a lengthy opinion, the U.S. District Court for the Western District of Kentucky in Holmes v. Countrywide Financial Corp. dismissed a lawsuit against Countrywide by plaintiffs who claimed that their personal information had been compromised… Continue Reading
Video Interview: Discussing the LinkedIn Data Breach Class Action Suit with LXBN TV
Posted in Data Breach, Data Security, LawsuitsFollowing my post on the subject last week, I had the chance to speak with Colin O’Keefe of LXBN regarding the class action suit filed against LinkedIn following their recent high-profile data breach. In the brief interview, I explain the background of the case, what damages the plaintiffs are alleging and why it’s too early… Continue Reading
LinkedIn Sued Over Data Breach
Posted in Data Breach, Data Security, LawsuitsWell THAT didn’t take long! Less than 10 days after LinkedIn announced that it suffered a data breach of approximately 6.5 million user passwords, a class action lawsuit was filed against it in California federal court seeking in excess of $5 million. The lawsuit alleges that, contrary to its Privacy Policy, LinkedIn failed to comply… Continue Reading
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