Just when you thought it might be safe to go back into the water, another significant data breach lawsuit may be settling. Last week, I wrote about the proposed settlement in the AvMed lawsuit. The motion for a preliminary proposed settlement in that case was granted on Friday, and a Final Hearing is set for
Data Breach
$3,000,000 Settlement Reached in Data Breach Lawsuit
By Al Saikali on
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…
Data Breach Lawsuits Settling in the Southern District of Florida
By Al Saikali on
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,…
Healthcare Organizations Take It On The Chin
By Al Saikali on
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…
U.S. Senate Considers Federal Data Security Legislation
By Al Saikali on
Legislation was introduced in the U.S. Senate late last week that, if passed, would create proactive and reactive requirements for companies that maintain personal information about U.S. citizens and residents. The legislation, titled the “Data Security and Breach Notification Act of 2013” (s. 1193) creates two overarching obligations: to secure personal information and…
What Does A Cyber Attack Look Like?
By Al Saikali on
The phrase “cyber attack” elicits thoughts of a compromised information system, a crashed computer network, or inappropriate access to sensitive electronic information. It doesn’t usually conjure up images of machinery setting on fire, and smoke emerging from a factory. Nevertheless, here is a video of an experimental cyber attack named Aurora, which took place on…
Data Breach Lawsuits – Revisiting the Risks
By Al Saikali on
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…
New U.S. Supreme Court Decision Will Likely Impact Data Breach Litigation
By Rebecca J. Schwartz on
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 …
The Southern District of Florida Weighs In On Data Breach Lawsuits
By Al Saikali on
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…
Private Lawsuits Arising From Data Breaches – The Eleventh Circuit Weighs In
By Al Saikali on
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,…