Over the years there have been questions whether the term “cyber” is adequate in light of the exponential growth of privacy law. First, the term “cyber” tried to do too much when it was used to describe everything from large-scale… 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 →
Cyber criminals’ entire business model is based on developing threats faster than the public can develop safeguards. Privacy laws are fast becoming the first place data collectors look for guidance when they have suffered a cyber attack. Unfortunately, the legislatures… Continue Reading →
For many years, governmental bodies and some commercial companies have had a responsibility to provide information conveniently to the public. Specifically, under Open Records Acts, Freedom of Information Action requests and other similar requirements, many governmental bodies have to provide… 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 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 →
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 →
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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