In Camp’s Grocery, Inc. v. State Farm Fire & Cas. Co., 4:16-cv-00204 (October 25, 2016), the U.S. District Court for the Northern District of Alabama granted summary judgment to defendant State Farm and denied plaintiff Camp’s Grocery (Camp’s) cross-motion to… Continue Reading →
In August 2015, Privacy Risk Report published a post regarding Target sealing its documents associated to the massive 2013 data breach in order to protect itself from hackers. Target contended that if documents related to its data breach litigation were filed… Continue Reading →
In January 2016, Affinity Gaming (Affinity), the owner of several casinos, filed a complaint in the District Court of Nevada against Trustwave Holdings, Inc. (Trustwave), a data security investigator, for Trustwave’s work in securing data after Affinity suffered a data breach…. Continue Reading →
A few years ago many people questioned the need for cyber insurance. In fact, the argument was made that although there were a substantial amount of resources dedicated to Y2K preparation, Y2K never became a problem. However, these days it… Continue Reading →
In March 2015, there was growing concern over privacy issues related to collecting data via “smart toys.” At that time, Mattel had just released its newest Barbie, “Hello Barbie,” which contained an embedded microphone in the doll’s belt to record… Continue Reading →
Whether a litigant has “standing” to bring a lawsuit has been a threshold question in data breach cases for a number of years. The basic criteria addressing this is found in Article III of the Constitution which limits the jurisdiction of… Continue Reading →
For years there has been a discussion over whether data breaches and cyber security can eventually be regulated by centralized laws rather than various state and federal laws and regulations. Even in October 2014, President Obama called upon Congress to… Continue Reading →
In Ellicott City Cable LLC v. AXIS Ins. Co., the U.S. District Court for the District of Maryland held the term “data” did not include cable television programming that was accessed without DirecTV’s authorization. The definition of “data” became the… Continue Reading →
Although cyber litigation is still evolving, there has been little opportunity to consider the value of expert witnesses and consultants in these cases. However, as we begin to see more claims and litigation, there will be no question that expert… Continue Reading →
The New York Times has reported that a Texas federal judge sentenced former St. Louis Cardinals Director of Baseball Development, Christopher Correa, to 46 months in prison after pleading guilty to five counts of unauthorized access of a protected computer. The… Continue Reading →
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