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 →
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 →
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 →
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 →
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 →
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 →
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 →
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 →
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 →
Technology in the workplace has developed to a point where we now have our personal data and our employer’s data commingled on the same devices. We may now see employees using work phones to store personal numbers and family pictures… Continue Reading →
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