Privacy Risk Report

Responses To Large-Scale Breaches, Such As Equifax, May Need To Be Analyzed In “Phases” By Data Collectors

The best strategy for data collectors to prepare a breach response plan may be to look at what others did right and wrong in response to a cyber incident.  After reviewing a number of responses to large-scale data breaches, it… Continue Reading →

New NIST Standards Allow Courts And Legislatures To Learn The Language Of Data

As courts and legislatures around the country struggle with issues related to data breaches, cyber, technology and privacy, they are finding a lack of standards to guide them through their struggles. Of course, a court may struggle to determine whether a duty… Continue Reading →

Law Firm Cyber Attack Is Involved In A “Series Of Mistaken Assumptions”

On June 27, 2017, the law firm DLA Piper (“law firm”) found itself to be one of many of targets of a recent global cyber attack. The attack reportedly did not compromise any client data.  Reports indicate that, even though email… Continue Reading →

Class Action Lawsuit Asks Whether Free Apps Were “Goofy” When They Collected Children’s Data

Toymakers have recently received more than their share of scrutiny concerning the collection, storage and breaches of data belonging to children.  Cases involving this data move past questions of whether a data breach was avoidable and, instead, ask whether certain data… Continue Reading →

2015 Data Breach At Toy Manufacturer VTech Continues To Provide Insight In 2017

On December 1, 2015, VTech Holdings Ltd., a manufacturer of digital toys and telephones, reported that it suffered a data breach on November 14, 2015.  VTech’s “smart toys” breached the personal information of at least 6.4 million children in addition to the… Continue Reading →

Square Pegs: Recent Case Shows Problems With Fitting Cyber Liability Claims Into Law That Is “A Bit Dated”

Many litigants are struggling with how to fit the “square peg” of cyber security claims into the “round hole” of law that may have been around for a number of decades.  One recent example was seen on June 27, 2017, when… Continue Reading →

Through Thick And Thin: Anthem Breach Shows Lasting Commitment For Data Breach Cases

There should be little question that data breach litigation will continue to present unique issues for courts.  However, we are also starting to see a trend showing settlements in data breach litigation may present novel issues.  For example, the documents publicly available related… Continue Reading →

Data Breach Litigation Presents Novel Questions Concerning Federal Civil Procedure

The Federal Rules of Civil Procedure allow a defendant to remove an action from state court to federal court as long as the federal court would have subject matter jurisdiction over the litigation in the first place. A federal court… Continue Reading →

App Users Throw Transit Provider Under The Bus On Privacy Issues And Use Of Data

A class action complaint was filed against BART, the San Francisco Bay Area Rapid Transit District, on May 22, 2017 in the District Court for the Northern District of California alleging BART created a “clandestine collection of private cell phone… Continue Reading →

Schnucks Market Decision Discounts Argument That Breach Notification Law Gives Rise To Private Cause Of Action

The litigation arising out of the data breach at Schnuck’s Markets (“Schnuck’s) occurring from December of 2012 through March of 2013 is still providing us with insight as to how courts may treat data breach claims.  The latest development related to this… Continue Reading →

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