Uber’s technology and business plan has consistently presented a number of interesting privacy issues. Another interesting privacy issue involving Uber came to light on November 28, 2017 when the City of Chicago and Illinois (“plaintiffs”) filed their Complaint in a… Continue Reading →
At this point in the development of data breach litigation, it is clear that plaintiffs may be on a sinking ship when they try to establish liability and damages against defendants. In order to meet their burden, a plaintiff must show they… Continue Reading →
Last week, toymaker Mattel announced that it was not moving forward with its Aristotle product, which has been described as a “kid-focused smart hub.” The device was an artificial intelligence babysitter that could “switch on a night light to soothe a crying baby… Continue Reading →
The best strategy for data collectors to prepare a breach response plan may be to look at what others did right and wrong in response to a cyber incident. After reviewing a number of responses to large-scale data breaches, it… 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 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 →
Last week, the parties in Remijas v. Neiman Marcus, Case No. 14-cv-1735, a class action lawsuit related to a data breach at retailer Neiman Marcus was settled in the Northern District of Illinois. The Seventh Circuit’s reversal of the District… Continue Reading →
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