Privacy Risk Report

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personal information

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 →

Insured’s Employees Are Often Overlooked When Insurers Assess Cyber Coverage

In assessing the risks related to cybersecurity, insurers have closely examined the technology put in place by insureds to safeguard data or other private information. This is not surprising because privacy and data security tends to focus on sophisticated hackers in… Continue Reading →

Death, Taxes and Cybersecurity: New Incident at IRS Illustrates Evolution of Cyber Crime

On May 26, 2015, it was widely reported that over the last four months, criminals accessed information related to at least 100,000 taxpayers. Specifically, the criminals accessed the information through the agency’s “Get Transcript” application that allows taxpayers to obtain information from… Continue Reading →

U.S Supreme Court to Hear Case That May Have Major Implications on Data Breach Cases

On April 27, 2015 the U.S. Supreme Court granted Spokeo, Inc.’s Petition for a Writ of Certiorari appealing an opinion from the U.S. Court of Appeals for the Ninth Circuit. The Ninth Circuit decision held that the Plaintiff, Thomas Robins,… Continue Reading →

Modification of Data Breach Laws Directly Impacts Insurers and Insureds

We have previously reported on other states, including California and New Jersey, strengthening their data breach notification laws. Illinois Attorney General, Lisa Madigan, is now proposing similar steps be taken in Illinois. In support of her attempt to modify the 2005 law, Madigan stated: “In… Continue Reading →

LinkedIn Settles Data Breach Class Action With Its Paying Members

On June 6, 2012, LinkedIn announced it had a data breach that involved hackers taking 6.5 million passwords from March 16, 2006 through June 7, 2012. The passwords were ultimately published on a Russian hacker website. A class action lawsuit… Continue Reading →

Another Court Dismisses Data Breach Class Action on 12(b)(1) Standing Grounds

In a case of first impression within the Fifth Circuit, a district court has dismissed a putative class action complaint brought after a data breach against one of the larger health organizations operating in California and Texas. In Peters v. St…. Continue Reading →

Lawsuit Involving Regional Bank Should Serve as a Warning to Smaller Businesses

On January 21, 2015, Travelers Casualty and Surety of America (Travelers) sued Ignition Studio Inc. (Ignition) based on professional negligence and breach of contract claims in the District Court for the Northern District of Illinois. Travelers filed the action based… Continue Reading →

Early Observations Concerning the Sony Hack and Cyberliability Insurance

At this point, we have been bombarded with many of the details and a lot of speculation related to the November 2014 Sony Pictures hack. In short, hackers stole sensitive information and data including everything from private employee information, emails sent… Continue Reading →

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