Privacy Risk Report


class action

Emerging Privacy Issues In Discovery Of Social Media

By Danita L. Davis Sudac Individuals’ willingness to share detailed accounts of their lives on social media sites, such as Facebook, has created an unparalleled source of evidence for lawyers seeking discovery.   There is little question that social media evidence… Continue Reading →

Use of Biometric Data Enters the Courts

The Privacy Risk Report has previously reported on the necessity to safeguard personal information such as names, addresses, social security numbers and credit card information to avoid risk resulting from data breaches. The latest trend we are seeing now involves… Continue Reading →

Fallout From Home Depot Breach Continues to Cause Concern for Corporate Officers

High profile data breaches are inevitably followed by a flurry of lawsuits, including derivative lawsuits filed by those companies’ shareholders. However, derivative suits have not found success and are frequently dismissed at the early stages of the lawsuit. Earlier this… Continue Reading →

Spokeo Decision Already Having “Concrete” Impact on Data Breach Class Action Litigation

On May 16, 2016, the U.S. Supreme Court issued its opinion in Spokeo v. Robins, a highly-contested circuit court split over the question of how to establish standing in federal courts under Article III. In ruling for the data-gathering company,… Continue Reading →

P.F. Chang’s Decision Establishes 7th Circuit as Friendly Territory for Data Breach Plaintiffs

On April 14, 2016 the 7th U.S. Circuit Court of Appeals issued its opinion in Lewert v. P.F. Chang’s China Bistro, Inc. where it held, once again, that data breach class action plaintiffs suffered damages that “were concrete and particularized… 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 →

Still A Lot to Learn From Numerous Healthcare Breaches

Even though there seems to be a breach in the healthcare industry every week, there is still a lot to learn from these patient information breaches. For example, a recent breach at 21st Century Oncology demonstrates important issues concerning the… Continue Reading →

Ashley Madison Litigation Reveals Another Hurdle for Data Breach Plaintiffs: Real Name vs. Pseudonym

As data breach plaintiffs are starting to overcome questions of whether or not they have standing to bring lawsuits in federal court under Article III of the U.S. Constitution, a recent decision may place an additional burden on plaintiffs. The August… Continue Reading →

Let’s Get Ready to Rumble: Gloves Come Off in Data Breach Standing Case

While we have seen defendants in data breach cases argue that plaintiffs were not injured and therefore lack standing to bring suit, litigants in a recent data breach case have directly addressed issues some litigants have previously danced around. On August… Continue Reading →

Decision in “Rent-to-Own” Spying Case Provides Another Nail in the Coffin for Coverage of Privacy Concerns Related to New Technology Under Traditional Insurance

The September 25, 2015 American Economy Ins. Co. v. Aspen Way Enter. decision provides another example of new technology causing problems under traditional insurance policies. The insured in this case, Aspen Way, is a franchise of Aaron’s Inc., which operates “rent-to-own”… Continue Reading →

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