On February 10, 2017, Midwest America Federal Credit Union (Midwest America) filed a class action complaint in the U.S. District Court for the Northern District of Georgia against Arby’s Restaurant Group, Inc. Midwest America’s complaint alleges that defendants failed to… Continue Reading →
To date, the key question in data breach litigation has been whether plaintiffs can demonstrate that they suffered damages and, therefore, have standing to bring suit. In just the last two weeks courts have rendered decisions on whether data breach… Continue Reading →
This article originally appeared on November 3, 2016 in the Horton Group’s newsletter. The term “Internet of Things” (IoT) refers to networks of “smart” devices (including appliances, vehicles, watches and toys) that collect and exchange data over the internet. In… Continue Reading →
In August 2015, Privacy Risk Report published a post regarding Target sealing its documents associated to the massive 2013 data breach in order to protect itself from hackers. Target contended that if documents related to its data breach litigation were filed… Continue Reading →
Whether a litigant has “standing” to bring a lawsuit has been a threshold question in data breach cases for a number of years. The basic criteria addressing this is found in Article III of the Constitution which limits the jurisdiction of… Continue Reading →
Ransomware attacks are on the rise and appear to be a long-term problem. For example, last February in California, the Orange County Transportation Authority (OCTA) suffered a ransomware attack that shut down a number of its computers, causing more than… Continue Reading →
In Ellicott City Cable LLC v. AXIS Ins. Co., the U.S. District Court for the District of Maryland held the term “data” did not include cable television programming that was accessed without DirecTV’s authorization. The definition of “data” became the… Continue Reading →
Although cyber litigation is still evolving, there has been little opportunity to consider the value of expert witnesses and consultants in these cases. However, as we begin to see more claims and litigation, there will be no question that expert… Continue Reading →
The New York Times has reported that a Texas federal judge sentenced former St. Louis Cardinals Director of Baseball Development, Christopher Correa, to 46 months in prison after pleading guilty to five counts of unauthorized access of a protected computer. The… Continue Reading →
On July 7, 2016, Judge Paul Magnuson of the United States District Court for the District of Minnesota granted several motions to dismiss by Target directors and officers seeking dismissal of derivative suits filed by various Target shareholders. The derivative… Continue Reading →
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