Privacy Risk Report

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Target

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 →

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 →

P.F. Chang’s Leftovers: District Court Refuses To Address Motion To Dismiss Again After Seventh Circuit Finds Plaintiffs Have Standing In Data Breach Case

The threshold question in data breach lawsuits has been whether a litigant has “standing” to bring a cause of action against the party that allegedly caused a breach. This hurdle for litigants rises out of Article III of the Constitution that… Continue Reading →

Class Action Suit Filed by Credit Union over Arby’s Data Breach

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 →

Failure to Redact Personal Information from Court Document Does Not Result in Private Cause of Action

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 →

Shareholders’ Derivative Suit Misses Target, Still Offers Warning to Directors & Officers

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 →

Nothing to See Here: Underreporting Cyber Security Incidents Impacts Cyber Insurance

Data indicates that large-scale data breaches in 2015 alone resulted in the exposure of approximately 429 million personal records. However, these estimates are too low because many data breaches are not reported. In fact, the “real number” of exposed personal… Continue Reading →

Early Observations in Portal Healthcare Decision: CGL Coverage for Cyber Claims?

Over the last couple of years, courts have struggled with whether cyber claims could trigger coverage under commercial general liability (CGL) insurance policies. While courts have found most cyber claims will not be covered as “bodily injury” or “property damage”… Continue Reading →

Can Statistics Be Used to Predict Data Breaches?

As the East Coast closely watches meteorologists’ models and predictions to prepare for Hurricane Joaquin, it may be a good time to consider the role of using statistics and models to predict the next data breach. A recent study entitled… Continue Reading →

Target Suffers a Significant Blow in Financial Institution Data Breach Class Action

On September 15, 2015, the court presiding over the financial institutions data breach lawsuit arising out of the Target data breach granted the Plaintiffs’ motion for class certification. The practical implications of this decision are that financial institutions affected by… Continue Reading →

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