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 →
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 →
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 →
At the height of the Internet of Things, a new technology craze has thrown the insurance industry for another loop as “augmented reality” takes hold. On July 6, 2016, Pokémon Go, an interactive app-based game, is on pace to have… Continue Reading →
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 →
Last week, Great Britain voted to leave the European Union (EU), a landmark move known as “Brexit,” with more than 17.4 million voting to leave while 16.1 million voted to remain. The vote resulted from a referendum put forth by… Continue Reading →
There has been significant discussion since 2015 on how the “internet of things” is expected to impact our daily life, including our homes. In general, the term “internet of things” (IoT) refers to a network of “smart” devices found in… Continue Reading →
In 2014, P.F. Chang’s experienced a credit card breach involving a number of its restaurants that culminated in numerous lawsuits nationwide. The ensuing litigation related to this data breach provided significant insight into what would become the important issues in data… Continue Reading →
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 →
While the dispute between Apple and the Department of Justice over terrorists’ iPhones appears to have come to a conclusion, it is clear that we can expect to see privacy issues continue to develop between the government and private sector…. Continue Reading →
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