2022 saw cases continue to be filed under the California Consumer Privacy Act (“CCPA”), although perhaps reflecting the increasing reliance of the plaintiffs’ bar on negligence and tort-based privacy claims concerning a defendant’s alleged failure to maintain “reasonable security,” the number of cases of CCPA based claims declined. Read on for Privacy World’s highlights of
With rising concerns from consumers about data protection, companies across the nation are doing their utmost to avoid data incidents. As such, the seriousness of allegations that a data breach has occurred, true or not, can potentially lead to lasting damage to an organization’s credibility, leaving many companies to wonder what actions can be taken
CPW’s Kristin Bryan, a 2022 Law360 Privacy & Cybersecurity MVP as well as a featured subject matter expert for LexisNexis, Jesse Taylor and Shing Tse teamed up to co-author a chapter of the Lexis Practical Guidance titled “Privacy, Cybersecurity and Data Breach Litigation: Key Laws and Considerations”. In this practice
Last month in Doehler N. Am., Inc. v. Davis, Case No. 22-00501, 2022 U.S. Dist. LEXIS 125903, a District of Delaware judge denied a motion for a preliminary injunction in the context of a heated dispute over a failed joint venture transaction, and an allegation of a data incident that the Plaintiff claimed caused it irreparable harm. The case is a useful reminder of the multitude of privacy and cybersecurity considerations implicated in the business-to-business context and the various procedural mechanisms available to a plaintiff claiming harm from a data incident.
Continue Reading Delaware Federal Court Quickly Denies Motion for a Preliminary Injunction Based Upon Alleged Data Incident
The Illinois Biometric Information Privacy Act (“BIPA”) provides a cause of action to a person who believes their biometric information is obtained or disclosed without an individual’s consent. In Gutierrez v. Wemagine.ai LLP, 2022 U.S. Dist. LEXIS 14831, the plaintiff brought a putative class action on the part of users of an app created
2021 was another year of high activity in the realm of data event and cybersecurity litigations with several noteworthy developments. CPW has been tracking these cases throughout the year. Read on for key trends and what to expect going into the 2022.
Recap of Data Breach and Cybersecurity Litigations in 2020
2021 heralded several developments
In re Mednax Services, MDL No. 2994, is an MDL (multidistrict litigation) pending in the Southern District of Florida, currently in its early stages. 2021 U.S. Dist. LEXIS 195342, *8-9 (S.D. Fla. Oct. 9, 2021). In a striking move late last week, a federal court ordered a stay of the proceedings pending resolution of
In June, we discussed a putative class action filed in the Eastern District of Pennsylvania concerning a data breach involving COVID-contact tracing data. Following the Plaintiff’s filing of an amended complaint, the remaining Defendant has now moved to dismiss on both standing and substantive grounds. Read on below.
To recap the alleged facts underlying this
In recent years, Fair Debt Collection Practices Act (“FDCPA”) litigation has exploded—and particularly so in the Eastern District of New York, one of the busiest FDCPA dockets in America. Increasingly, the theories of liability in many FDCPA cases have become increasingly attenuated, and focused primarily on the recovery of fees for plaintiffs’ counsel rather than
The Eastern District of California recently approved a $1.375 million settlement between a certified class of former employee plaintiffs and an employer defendant. The class consisted of all individuals who worked for the defendant between March 30, 2013 and May 1, 2018. The defendant was alleged to have misused FCRA consent forms to improperly run