Readers of CPW are likely already aware of a long-running Court of Appeals split regarding what injuries in the data breach context suffice for purposes of Article III standing. Well, in a decision out just last week the Eleventh Circuit decided to weigh in, coming out decisively on the side of defendants in data breach
In case you missed it, below is a summary of recent posts from CPW. Please feel free to reach out if you are interested in additional information on any of the developments covered.
A federal court recently refused to apply the economic loss rule to limit claims brought against a fast-food chain in the wake of a massive data breach. This case serves as a useful reminder of the variety of claims (and defenses) that can come up in data privacy litigation. In re Sonic Corp. Customer Data
CPW has previously covered how companies are increasingly turning to consumer arbitration agreements to limit litigation exposure. While an arbitration agreement does not allow a defendant to avoid a lawsuit outright, it does provide an escape mechanism from the public scrutiny and cost of litigation. Issues concerning application of arbitration agreements continue to come up
In case you missed it, below is a summary of recent posts from CPW. Please feel free to reach out if you are interested in additional information on any of the developments covered.
Court Rejects CCPA As Basis for Limiting Scope of Discovery in Litigation | Consumer Privacy World
While many federal courts have weighed in on the issue of what suffices for Article III standing in the context of a data breach litigation, not all state courts have. Last week, the Superior Court of Delaware found that a group of plaintiffs who received a notice that their personal information had been potentially compromised
In case you missed it, below is a summary of recent posts from CPW. Please feel free to reach out if you are interested in additional information on any of the developments covered.
Data breach litigations rarely make it to motions for class certification. This trend makes each decision that does come out addressing class certification in the data breach context that much more interesting. Well, last week a federal court denied a plaintiff’s motion to certify a class in the wake of an employer data breach that
Last week, a federal court held that a forensic report prepared in the wake of a data breach at a law firm was not protected by the work product privilege and had to be produced in discovery. See Wengui v. Clark Hill, 2021 U.S. Dist. LEXIS 5395 (D.D.C. Jan. 12, 20201). As the court
In case you missed it, below is a summary of recent posts from CPW. Please feel free to reach out if you are interested in additional information on any of the developments covered.