Privacy Risk Report



Let’s Get Ready to Rumble: Gloves Come Off in Data Breach Standing Case

While we have seen defendants in data breach cases argue that plaintiffs were not injured and therefore lack standing to bring suit, litigants in a recent data breach case have directly addressed issues some litigants have previously danced around. On August… Continue Reading →

Decision in “Rent-to-Own” Spying Case Provides Another Nail in the Coffin for Coverage of Privacy Concerns Related to New Technology Under Traditional Insurance

The September 25, 2015 American Economy Ins. Co. v. Aspen Way Enter. decision provides another example of new technology causing problems under traditional insurance policies. The insured in this case, Aspen Way, is a franchise of Aaron’s Inc., which operates “rent-to-own”… Continue Reading →

Todd Rowe Authors Article For ABA’s Fall 2015 TortSource: Insurers and Policyholders Face Confusion in the Cyber Insurance Marketplace

Todd M. Rowe authored the article, “Insurers and Policyholders Face Confusion in the Cyber Marketplace,” for the Fall 2015 edition of the American Bar Association’s TortSource. In an effort to address an audience that has extensive knowledge of the insurance… Continue Reading →

Target Suffers a Significant Blow in Financial Institution Data Breach Class Action

On September 15, 2015, the court presiding over the financial institutions data breach lawsuit arising out of the Target data breach granted the Plaintiffs’ motion for class certification. The practical implications of this decision are that financial institutions affected by… Continue Reading →

It’s Complicated: Target Settlement With Banks Hits a Snag

Last week, Target announced a $19 million settlement with MasterCard, a “Financial Institution Plaintiff,” as a result of the 2013 data breach at its stores. The terms of the settlement agreement are rather complex and call for Target funding “alternative… Continue Reading →

The Best Offense is a Great Defense

While it is still early, it appears Home Depot’s data breach has already cost the company an estimated $60 million. Home Depot’s damages, which include costs for credit monitoring for its customers, call center staffing, legal services as well as costs to replace credit/debit cards, will undoubtedly increase… Continue Reading →

Target Seeks Dismissal of Action Filed by Banks in Data Breach Case

Target has filed a motion to dismiss a class action complaint filed by a number of banks related to the December 2013 attack by hackers resulting in the massive breach of customers’ credit/debit card information. The banks’ class action seeks… Continue Reading →

Class Action Alleges Breach of Data for 4.5 Million Patients

Patients of Community Health Systems filed a Complaint initiating a class action in the Northern District of Alabama against the hospital system on August 20, 2014. The class action arises out of the breach of an estimated 4.5 million patients’ protected data…. Continue Reading →

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