A growing majority of courts have applied the Supreme Court’s Clapper decision in requiring a rigorous analysis for Article III standing in data breach cases. The Southern District of Texas recently took this approach in rejecting standing in a class action filed against a Texas hospital after a cybersecurity breach ...
In Roach v. T.L. Cannon Corp., the Second Circuit examined the effect of the Supreme Court’s recent decision in Comcast Corp. v. Behrend. More specifically, the issue in Roach was whether Comcast meant that “a class cannot be certified . . . simply because damages cannot be measured on a classwide basis.” According to the Second Circuit, Comcast ...
The Anthem breach continues to spawn more class action suits, the most recent of which was filed in federal court in Orlando. It’s also been a busy week in the data breach realm.
The recent Anthem breach pushes an interesting question to the forefront for those in law, policy and business: What do we do about the ever-increasing issues associated with cybersecurity?
Data breaches were a pressing issue throughout 2014. This problem will likely escalate in 2015.
The fallout from the Anthem data breach has reached Ohio, as a proposed class action suit was filed on Monday in federal court in Cincinnati. We’ll be taking a more in-depth look at this case in the coming days to get a sense of what sorts of claims are at issue and how similar suits might proceed.
Regular news followers are likely aware of last week’s data breach at Anthem. We’ll be tracking the fallout and effects of the breach, particularly from a class action perspective, including tips on preventing and handling breaches like this.
The Home Depot data breach case continues to move forward. The home improvement store has until July to respond to data breach allegations. Judge Thomas Thrash has placed the case on two tracks depending on the nature of the allegations: a consumer track and a financial institution track.
As reported by the National Law Journal, Uber has come under fire for allegedly sending texts inviting people to become drivers. These alleged texts have landed Uber in federal court in the Northern District of California to defend a proposed class action under the TCPA.