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Posts Tagged ‘data privacy’

BakerHostetler’s 2014 Year-End Review of Class Actions (and what to expect in 2015) was published on February 2, and is available for download at the firm’s website.  This annual summary is a joint effort of numerous attorneys throughout the firm, but for the second year in a row, the 2014 edition was ably edited by Dustin Dow in the firm’s Cleveland Office.

As the title suggests, the 59-page document provides a comprehensive update on the key decisions and trends in a variety of subject matter areas, including consumer protection, insurance, banking, data privacy, antitrust, securities, and labor and employment, as well the latest procedural developments impacting class action practice, both throughout the United States and abroad.

It’s free, so don’t miss it!

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Anyone still checking this site will have noticed a complete lack of new content lately, which is mostly the result of pure laziness on my part but partially due to the demands of several other writing projects I’ve been working on.  I’m pleased to announce that one of these articles it out, and the folks at Practical Law the Journal have graciously given permission for me to post a reprint here.  Click the following link to view the article, entitled Key Issues in Data Breach Litigation, which is featured in the October 2014 issue.  Please be sure to visit the Practical Law website to learn how to subscribe to more great content on timely legal topics.

Also, speaking of data privacy litigation, I’ll be part of a panel presenting on the topic at the ABA Institute on Class Actions next week in Chicago.  It’s not too late to register.

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An article posted by my colleagues Judy Selby and Zack Rosenberg in the BakerHostetler Class Action Lawsuit Defense Blog raises some important issues for any company that could find itself the target of a class action lawsuit.  With the proliferation of data privacy and other consumer class actions, that’s just about any company these days.  The article, titled Courts Are Liberally Construing Litigation Insurance Coverage for Class Action Defenses and So Should Defendants, addresses the important issue of liability insurance covering class action lawsuits.  

I’m often surprised in speaking with in-house attorneys and risk management personnel that they are unaware of the extent to which their current insurance coverage might protect them if they were ever sued in a class action, and that they have not considered certain types of specialty lines insurance, such as cyber risk insurance, that might protect them from potentially catastrophic liability and defense costs arising out of a class action.  This is an especially important consideration for companies in industries that aren’t frequently targeted in class actions, because those companies may not think about the benefits of insurance protection until it’s too late.

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Data breach cases are popular targets for class actions these days because a single incident of hacking or theft can expose the sensitive personal or financial information of millions of people at a time.  However, a key hurdle in these cases has been proof of harm sufficient to satisfy the Article III injury-in-fact standard for cases filed in the federal courts (or in state courts that apply a similar injury-in-fact standard).  Recently, plaintiffs have been attempting to get around the standing problem by alleging that they had to incur credit monitoring fees or other out-of-pocket expenses due to a fear of identity theft.

Shannon Tan, associate corporate counsel for Raymond James Financial, Inc., in St. Petersburg, FL, recently authored an insightful article for the IAPP newsletter The Privacy Advisor, titled Supreme Court Wiretap Ruling Upholds Stringent Standing-To-Sue Requirements.  Tan’s article discusses the potential impact of the Supreme Court’s decision in Clapper v. Amnesty International USA on the question of Article III standing in civil data breach cases.  Tan points out that while Clapper is case involving alleged wiretapping by the government, it is likely to make it more difficult for plaintiffs to meet the Article III standing requirements in civil data breach cases because data breaches often don’t result in any immediate harm but only a threat of potential future harm.  A threat of harm must be “certainly impending” to satisfy the Article III standard set forth in Clapper.  This issue is exacerbated in the class action context, because even if some members of the class can prove actual harm, such as identity theft, it is a rare case where the plaintiff would have some common proof that identity theft occurred for all class members, a problem that recently doomed certification of a class action in In re Hannaford Bros. Co. Customer Data Security Breach Litigation.

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My article for the University of Denver Law Review’s Online Edition entitled Statutory Penalties and Class Actions: Social Justice or Legalized Extortion?  was posted today.  The article discusses potential reforms to address the problem of class actions for statutory penalties giving rise to potentially annihilating liability in cases involving little or no actual harm.  Please check it out.  While you’re there, check out some of the other excellent content on a wide variety of legal topics that the DU Law Review has to offer in its online supplement to its regular print publication.

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Work commitments have prevented me from posting over the past week, but I wanted to take the opportunity to point out that there have been some notable developments in the privacy class action area over the past week.  Judy Selby covered these developments in a recent blog post for the BakerHostetler Class Action Defense and Data Privacy Monitor blogs.  Selby’s post, titled Hannaford v. comScore – Up and Down Results for Privacy Class Action Defendants, compares and contrasts two recent decisions, one granting and one denying class certification, in privacy cases.

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The Baker Hostetler Privacy and Data Protection Team has published a comprehensive guide to the data privacy laws in countries around the world.  The International Compendium of Data Privacy Laws summarizes the civil, criminal, and regulatory data breach and other privacy laws of more than 40 countries.

 

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