Tag Archives: data breach

When a Published Data Breach is a Covered Data Breach

Photo of Dustin DowBy Dustin Dow on Posted in Data Breach, TCPA
Can an inadvertent Internet posting of a patient’s medical information trigger insurance coverage for liability stemming from a data-breach class action? The Fourth Circuit held last week that it can, and it added to the growing body of case law construing what “publication” means in the context of whether class liability is covered by commercial … Continue Reading

The Seventh Circuit Revisits Standing for Data Breach Class Actions

Photo of Zachariah DeMeolaBy Zachariah DeMeola on Posted in Data Breach
One obstacle for named plaintiffs in proposed data breach class actions is the extent to which plaintiffs must allege an injury-in-fact to have standing. Disputes often arise about whether proactive efforts to mitigate against the potential misuse of stolen data, such as utilizing credit monitoring services, are sufficient to confer Article III standing. Since the … Continue Reading

Banks Win Class Certification in Target Data Breach Case

Photo of Ruth E. HartmanBy Ruth E. Hartman on Posted in Class Certification, Data Breach
A federal court recently granted class certification to a group of financial institutions (the “Banks”) in the data breach case against Target Corporation (“Target”) arising from the December 2013 hacking of its computer system, which exposed the financial information of millions of customers. In re: Target Corp. Customer Data Security Breach Litigation, MDL Case No. … Continue Reading

Breaking Down the Target Payment Card Breach Settlement – It’s Not as Groundbreaking as You’ve Been Led to Believe

Photo of Paul KarlsgodtBy Paul Karlsgodt on Posted in Consumer Class Action, Data Breach
Editor’s Note: The following blog post was originally published by ClassActionBlawg.com. It is republished with permission. HarrisMartin’s Data Breach Litigation Conference: The Coming of Age is scheduled for next Wednesday, March 25, 2015, at the Westin San Diego.  I’ll be speaking on a panel titled Creative Approaches to Settling Data Breach Cases with Ben Barnow of Barnow and Associates, … Continue Reading

Data Breach Class Action Standing Post-Clapper

Photo of Patrick T. LewisBy Patrick T. Lewis on Posted in Class Action Trends, Class Actions Privacy, Data Breach
Our own Judy Selby has a new piece out on Law360 analyzing standing for data breach class cases after the Supreme Court’s decision in Clapper:  “No Data Misuse? No Standing For Data Breach Plaintiffs.”  Judy’s piece highlights the challenges that face data breach plaintiffs post-Clapper, but also points out that: The continued proliferation of data … Continue Reading

California Court Finds Advertising Injury Coverage is Triggered by Medical Information Data Breach

By Judy Selby on Posted in Data Breach, Insurance
On October 7, 2013, a federal district court in California held that the Advertising Injury coverage in a comprehensive general liability policy issued by Hartford Casualty Insurance Company (Hartford) covered two class action lawsuits arising out of the disclosure of confidential health information.  Hartford Casualty Insurance Company v. Corcino & Associates et al., CV 13-3728 … Continue Reading

District Court rejects supervisor liability for state employee’s motor vehicle record data breach

By Matthew J. Moody on Posted in Class Actions Privacy, Data Breach
Co-authored by: Sammatha Clegg Editor’s Note: This post is a joint submission with BakerHostetler’s Data Privacy Monitor blog. In a recent decision, the Federal District Court of Minnesota found that state agencies were not liable in a data breach class action suit involving a rogue employee’s unauthorized viewing of personal information in drivers license records.  Kiminiski v. … Continue Reading

Zip Code Cases Alive and Well – Bed Bath & Beyond and Guitar Center Hit with Putative Class Actions

By Yulia Fradkin on Posted in Class Action Trends, Data Breach
In March, we blogged about Tyler v. Michaels Stores, a recent Massachusetts Supreme Court ruling, holding that zip codes are personally identifiable information and disavowing data mining by zip code. That decision threatened and continues to threaten to bring forth a deluge of data mining litigation against retailers in Massachusetts, much like Pineda v. Williams-Sonoma … Continue Reading

Insurance Coverage for Class Action Lawsuits

By Judy Selby on Posted in Insurance, Practice Pointers
Upon learning that his obituary had been published in the New York Times, Mark Twain famously quipped, “Reports of my death have been greatly exaggerated.”  The same can be said about class action lawsuit filings after the Supreme Court’s decisions in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011) (plaintiffs required to show … Continue Reading

Court Denies Motion for Class Certification in Hannaford

Photo of Erica Gann KitaevBy Erica Gann Kitaev on Posted in Class Actions Privacy
Editor’s Note: This is a cross-blog post with BakerHostetler’s Data Privacy Monitor blog.  For the latest news and updates regarding privacy and data protection, visit www.DataPrivacyMonitor.com. In an order surely to reverberate with both the plaintiffs’ and defense bar, on March 20, 2013, Judge D. Brock Hornby of the United States District Court for the District of … Continue Reading

South Korea Opens the Door for Unintentional Data Breach Collective Actions

Photo of Nathan A. SchachtBy Nathan A. Schacht on Posted in Class Actions Privacy, Class Certification, Data Breach, International Class Action Law
This is a cross blog post with BakerHostetler’s data privacy blog.  For the latest in developments in data privacy, visit dataprivacymonitor.com. For a multi-jurisdictional summary of key requirements of international data privacy laws, see BakerHostetler’s  International Compendium of Data Privacy Laws. On February 15, 2013, the Seoul Western District Court in South Korea issued a … Continue Reading

Blood Bank Data Breach Class Action Settlement Preliminarily Approved by California District Court Judge

By Tina Amin on Posted in Class Certification, Data Breach, Settlements
In Johansson-Dohrmann v. CBR Systems, Inc. et al, No. 3:12-cv-01115 (S.D. Cal., filed May 7, 2012), the latest data privacy class action to reach settlement, Judge Michael M. Anello on February 5, 2013 granted preliminary approval of a proposed class settlement in a federal class action suit brought by a client of a blood bank … Continue Reading

Courts Preliminarily Approve Settlements in Netflix and Blockbuster Video Privacy and Protection Act Class Actions

Photo of Erica Gann KitaevBy Erica Gann Kitaev on Posted in Data Breach
Editor’s Note – This article is a joint submission to the Baker Hostetler Class Action Lawsuit Defense Blog and Data Privacy Monitor. Be sure to check out the Data Privacy Monitor for the latest news, trends, and analysis on data privacy issues.  Two Federal District Courts recently approved settlements in two significant class actions brought … Continue Reading

Data Breach Class Actions on The Rise

By Matthew J. Moody on Posted in Data Breach
A recent Ninth Circuit decision will allow a class action brought under California’s Song-Beverly Credit Card Act (Song-Beverly Act) against Louis Vuitton to proceed in federal court.  In Morey v. Louis Vuitton North America, Inc., No. 11-56916, 2011 WL 6256963 (9th Cir. Dec. 15, 2011), Plaintiff filed a putative class action against Louis Vuitton for … Continue Reading
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