Privacy Litigation

CPW has previously covered the long-running Sonic cybersecurity litigations.

As readers will recall, in 2017 unidentified third parties accessed Sonic customers’ payment card data.  The hackers purportedly obtained customer payment card information from more than three-hundred Sonic Drive-Ins.  Litigation followed, which was consolidated into multidistrict litigation (“MDL”).  In the consolidated complaint filed in the MDL,

CPW’s Kristin Bryan was interviewed recently by CyberScoop regarding the significance of the court’s decision in In re Rutter’s which ordered the production of a forensic report and related communications over assertions of privilege in data privacy litigationAs she explains, the court’s ruling (considered in conjunction with the Clark Hill and Capital

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.

Federal Court Kicks Data Privacy Class Action Against Third-Party Technology Provider in Biometric Litigation | Consumer Privacy World

Walmart CCPA Case Kicked

A federal court recently dismissed biometric litigation brought against a marketer and seller of video technology products.  Jacobs v. Hanwha Techwin Am., Inc., 2021 U.S. Dist. LEXIS 139668 (N.D. Ill. July 27, 2021).  Although at least two other prior cases had allowed similar claims against a third-party technology provider to proceed into discovery, the

As of October 1, 2021, Connecticut becomes the third state with a data breach litigation “safe harbor” law with Public Act No. 21-119.  Following the lead of Utah and Ohio, Connecticut will now prohibit in data event litigations where (1) the plaintiff asserts common law tort claims and (2) alleges that a defendants “failure

Last week a federal judge dismissed a putative class action alleging that Walmart’s purportedly deficient security practices compromised customers’ personal data in violation of the California Consumer Privacy Act (“CCPA”).  This was on the basis that Plaintiff did not credibly allege that the purported disclosure of personal information occurred after the law went into effect

9:21 am-Meyer concludes remarks.  First sessions of PrivacyCon 2021 kicks off on FTC website at 9:30.  You can check it out here!

9:20 am-Meyer-Need more than lawyers to solve privacy issues.  Problems cannot be solved through legal action alone.  FTC is broadening team to address these issues going forward and take a “new approach” to

Tomorrow, the FTC will host its sixth annual PrivacyCon on July 27, 2021 (remember CPW’s coverage of it last year?).  PrivacyCon 2021 will bring together a diverse group of stakeholders, including researchers, academics, industry representatives, consumer advocates, and government regulators, to discuss the latest research and trends related to consumer privacy and data

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.

BREAKING NEWS: A Third Federal Court Orders Production of Data Incident Forensic Report and Related Communications Over Privilege Objections | Consumer Privacy

One developing area of the law that send shivers down the spine of data privacy litigators is a growing number of federal courts holding that the attorney-client and work product privilege do not apply to forensic reports and related communications regarding a data incident.  Knowledge of the circumstances involved in the Capital One and Clark