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 →
This article originally appeared in Advisen’s Front Page News, Cyber Edition, on March 16, 2017. Over the last few months, there have been a number of news stories concerning allegations that the Russians may have hacked US political parties and… Continue Reading →
Over the last few weeks, the Illinois Biometric Information Privacy Act (“BIPA”) (740 ILCS 14/1 et seq.) has presented a number of unique questions for courts. On February 14, 2017, we addressed Vigil v. Take-Two Interactive Software, Inc., where the U.S. District Court… Continue Reading →
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 →
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 →
A number of states have recently imposed duties for data collectors to safely store information. For example, Illinois data collectors are now required to “implement and maintain reasonable security measures” to protect data (815 ILCS 530/45). Unfortunately, data collectors have not received guidance… Continue Reading →
To overcome his anxiety with flying, IOActive’s researcher/author, Ruben Santamarta, began “spending some flights hacking stuff.” In his December 20, 2016 blog post, “In Flight Hacking Systems,” Santamarta describes how he tried to gain a better understanding of the In-Flight Entertainment… Continue Reading →
As 2016 draws to a close, predictions for 2017 regarding cyber security have already been made (some are discussed below). However, the Privacy Risk Report will take a safer route and predict, even guarantee, that there will definitely be changes… Continue Reading →
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 →
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 →
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