Privacy Risk Report

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data breach

Home On The Range: Recent Decision Addresses Range Of Data Breach Cases

The recent decision in Kimbriel v. Abb, Inc.,19-CV-215 (October 1, 2019), provides insight into how far privacy law has developed in a short time. A couple of years ago there was little guidance as to what a plaintiff needed to… Continue Reading →

More Than Just A Confusing Law? Defendant Argues Illinois’ Biometric Law Is Unconstitutional

There is little dispute that the Illinois Biometric Information Protection Act (“BIPA”) is a unique privacy law to the extent that it creates a private cause of action for any failures to notify individuals before their biometric information is collected… Continue Reading →

Industry Cyber Regulations Fill The Gaps Left By Federal And State Law

While the United States may not have data protections in place that are as extensive as those seen the European Union’s adoption of GDPR, there is still a comprehensive framework of state and federal regulations in place to protect personal… Continue Reading →

Premera Breach Shows What Happens When Litigants Cross Each Other by Trying to Shield Documents from Discovery in Breach Litigation

Data breach litigation inherently involves a significant amount of information, so it is no surprise to see discovery issues in breach cases. The typical data breach lawsuit may include discovery requests for pre-breach information (response plans, audits), response information (notification… Continue Reading →

Pennsylvania Supreme Court Finds Collecting and Storing Employee Data Gives Rise To Duty: Is the Pendulum Swinging Back In Favor Of Data Breach Plaintiffs?

Not long ago, data collectors could feel secure in the fact that plaintiffs had a significant hurdle to establish standing to bring a lawsuit related to a data breach. However, on November 21, 2018, the Pennsylvania Supreme Court issued its… Continue Reading →

Another Court Finds No Coverage Under CGL Insurance Policy for Data Breach

While some courts have found coverage for data breach claims under CGL policies, there should be little dispute that the best way to limit risk is to obtain a cyber policy rather than hoping for coverage under a CGL policy…. Continue Reading →

New Decision Takes “Accounting” of Expert Witness Findings Related to Data Breach Damages

The recent decision in Blue Book Serv., Inc. v. Amerihua Produce, Inc., 2018 WL 4181482 (Aug. 31, 2018) sheds light on how damages may be calculated in data breach cases.  After analyzing whether an accounting expert was qualified to offer… Continue Reading →

Tesla Lawsuit Demonstrates Need To Take Closer Look At “Disruptive” Employees

A recent lawsuit filed by Tesla, Inc. provides a reminder of the potential threat caused by employees and other insiders to data collectors’ security. While there is a balance between proper security and creating a pleasant work environment for employees,… Continue Reading →

No Breach Required: Illinois Court Finds Providing Biometric Data To Vendor Without Proper Consent May Give Rise To Injury

Over the last few years, we have seen a number of common themes and concepts run through privacy cases and legislation.  We have seen plaintiffs struggle with surviving motions to dismiss because they failed to properly allege an injury.  Likewise, we have… Continue Reading →

Tick Tock: A GDPR Primer To Meet The Deadline Next Week

Discussions on privacy laws have taken front and center in recent weeks as European Union (EU) member states begin enforcing the General Data Protection Regulation (“GDPR”) on May 25, 2018.  As we have been discussing for a while, there is… Continue Reading →

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