Tax season is quickly becoming peak season for cyber and data incidents. As seen during every recent tax season, last January the IRS issued warnings about fraudulent inducement scams where a corporate officer’s name is used to fraudulently request employee… 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 →
In May 2015, the U.S. District Court for the district of Utah denied an insured’s motion for partial summary judgment in Travelers Property Casualty Company of America et al. v. Federal Recovery Serv. et al., Case No. 2:14-cv-00170. The court previously… Continue Reading →
On January 5, 2016, a federal District Court granted the removal petition of Lloyd’s of London in a declaratory judgment action involving coverage under a cyber policy. The Hotel Monteleone originally filed a lawsuit on December 10, 2015 in the… Continue Reading →
As the number of hacks and breaches increase in the news, people are not just becoming more accepting of data breaches, they are expecting to see data breaches. Now businesses are also expecting to see their competitors attempt to hack them…. Continue Reading →
As data breach plaintiffs are starting to overcome questions of whether or not they have standing to bring lawsuits in federal court under Article III of the U.S. Constitution, a recent decision may place an additional burden on plaintiffs. The August… Continue Reading →
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 →
While large cyber attacks and data breaches may get the headlines, a recent study prepared by the Ponemon Institute and Hewlett-Packard and a recent criminal conviction of a Los Angeles Times reporter that disclosed corporate passwords on a hacker website serve… Continue Reading →
On August 6, 2015, the Illinois Court of Appeals issued its opinion in Maglio v. Advocate Health and Hosp. Corp., dismissing the complaints filed in two class action lawsuits seeking damages related to a theft of Advocate Health’s computers containing information… Continue Reading →
On July 20, 2015, the U.S. Court of Appeals for the Seventh Circuit issued its decision in Remijas v. Neiman Marcus Group, LLC, directly addressing Article III of the U.S. Constitution, the standing for data breach plaintiffs. The issue of… Continue Reading →
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