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Category Archives: Lawsuits

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What’s The Next Wave of Privacy Litigation? “Failure to Match”

Posted in Being Proactive, Data Privacy, Lawsuits

A client recently asked me to identify the next wave of data privacy litigation.  I said that with so much attention on lawsuits arising from data breaches, particularly in light of some recent successes for the plaintiffs in those lawsuits, the way in which companies collect information and disclose what they are collecting is flying… Continue Reading

$3,000,000 Settlement Reached in Data Breach Lawsuit

Posted in Data Breach, Data Security, Lawsuits

How much of a headache can a couple of stolen laptops cause your organization?  How about a $3 million headache??  That is the amount of a settlement proposed in an Unopposed Motion in Support of Preliminary Approval of Class Action Settlement in Resnick/Curry v. AvMed, Inc., No. 1:10-cv-24513-JLK (S.D. Fla.), a data breach lawsuit pending in the Southern District of… Continue Reading

Data Breach Lawsuits Settling in the Southern District of Florida

Posted in Data Breach, Data Security, Lawsuits

Plaintiffs in data breach lawsuits around the country have had a difficult time surviving motions to dismiss and for summary judgment.  A number of courts have rejected these lawsuits because they failed to allege or demonstrate cognizable injuries, standing, causation, and the requisite elements to withstand an economic loss rule defense.  It is dangerous, however,… Continue Reading

Healthcare Organizations Take It On The Chin

Posted in Data Breach, Data Breach, Data Privacy, Data Security, FTC, Health Care Industry, Lawsuits

If you have noticed an increasing number of high profile problems for healthcare organizations with respect to privacy and security issues these last few weeks you’re not alone.  The issues have ranged from employee misuse of protected health information, web-based breaches, photocopier breaches, and theft of stolen computers that compromised millions of records containing unsecured… Continue Reading

Data Breach Lawsuits – Revisiting the Risks

Posted in Data Breach, Data Breach, Data Privacy, Data Security, Lawsuits

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

New U.S. Supreme Court Decision Will Likely Impact Data Breach Litigation

Posted in Data Breach, Data Security, Lawsuits

The 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, Lawsuits

Are 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

The Southern District of Florida Weighs In On Data Breach Lawsuits

Posted in Data Breach, Data Security, Lawsuits

Late 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, Lawsuits

Last 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, Lawsuits

Another 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, Lawsuits

Following 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, Lawsuits

Well 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