As courts and legislatures around the country struggle with issues related to data breaches, cyber, technology and privacy, they are finding a lack of standards to guide them through their struggles. Of course, a court may struggle to determine whether a duty… Continue Reading →
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 →
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 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 →
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 →
Last week, we analyzed Rivera v. Google Inc., 16 C 02714 (N.D. Ill 2016), a decision by the District Court for the Northern District of Illinois which examined the Illinois Biometric Information Privacy Act (“BIPA”) (740 ILCS 14/1 et seq.)…. Continue Reading →
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 →
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