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Illinois Appellate Court Decision Does Not Adopt Seventh Circuit’s Reasoning in Data Breach Case

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 →

Car Owners File Nationwide Class Action Based on Allegations of Hacking a Car

Purchasers of cars manufactured by Fiat Chrysler Automobiles (FCA) have filed a purported class action in the U.S. District Court for the Southern District of Illinois arising out of their cars’ vulnerability to hackers taking control of their cars’ functions,… Continue Reading →

Seventh Circuit Weighs In on Article III Standing for Data Breach Plaintiffs

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 →

Home Depot Breach Litigation Goes Down Well-Worn Path

On July 1, 2015, Home Depot filed a motion to dismiss the “Financial Institution Plaintiffs’” class action lawsuit filed in the District Court for the Northern District of Georgia. The class action is based on the breach suffered by Home… Continue Reading →

Following 2014’s “Year of the Breach,” 2015 is Shaping Up to Be the “Year of Data Breach Litigation”

Last year, there were a number of high profile breaches—earning 2014 the “Year of the Breach” tag. This year is seeing the fallout, as many of these breaches have resulted in significant litigation. For example, the Home Depot breach in April… Continue Reading →

Court’s Determination That There Is No Duty to Defend Under Cyber Policy for Lawsuit Related to a Gym’s Data Causes Insured to Sweat

On May 11, 2015, the U.S. District Court 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. The court found there was no duty to… Continue Reading →

Put Away The Champagne: Smaller Banks Try to Block the Target/MasterCard Settlement

Lawyers for a portion of the Financial Institution Plaintiffs in the Target class action litigation (including smaller financial institutions Umpqua Bank, Mutual Bank, Village Bank, CSE Federal Credit Union and First Federal Savings of Lorain) filed a motion for preliminary injunction to block… 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 →

Shareholder Derivative Suit Against Wyndham For Data Breaches Dismissed

The United States District Court for the District of New Jersey dismissed a derivative suit brought by shareholders on behalf of Wyndham Worldwide Corporation following a series of data breaches within the Company. After Wyndham’s Board of Directors unanimously voted to refuse… Continue Reading →

Insured’s Attempt to Establish Coverage Under Professional Liability Policy Survives Motion to Dismiss Based on Voluntary Payments Clause

In First Commonwealth Bank v. St. Paul Mercury Ins. Co., No. 2:14-cv-00019-MPK (W.D. Pa.), St. Paul, the insurer for a bank, First Commonwealth, filed a motion to dismiss First Commonwealth’s breach of contract claim which sought coverage under a professional liability… Continue Reading →

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