As discussed in our December 3, 2014 post [1], the U.S. District Court for Minnesota issued its Memorandum and Order [2] in the “Financial Institution Cases” against Target which granted in part and denied in part Target’s Motion to Dismiss on December 2, 2014. Specifically, this decision has further implications than merely the issues between Target and the banks that issued the cards comprised in Target’s December 2013 data breach. Rather, this case is important because it provides key insight into how courts may be expected to analyze these newly emerging issues.
We provided further analysis of this important decision in the December 4, 2014 edition of Advisen’s Cyber Risk Network [3].