Published by Al Saikali

Lawsuits

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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,…

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…

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…

It 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…

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…

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,…