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Posts Tagged ‘data breach class action’

My firm, BakerHostetler, has recently released two excellent resources for those interested in recent trends in the areas of class actions and data privacy (including, of course, recent trends in data privacy class actions!).

The 2016 Class Action Year-End Review summarizes trends in class action procedure generally and recent developments in a variety of different subject matter areas.

The  2017 Data Security Incident Response Report “highlights the critical need for senior executives in all industries to understand and be ready to tackle the legal and business risks associated with cyberthreats and to have enterprisewide tactics in place to address intrusions before they happen.”  See Full Explanatory Article Here.  In addition to other useful content, the report includes statistic on trends in class actions arising out of large data breach incidents.

Be sure to check both of them out.

 

 

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Yesterday, U.S. District Judge Paul Magnuson issued an order granting certification in the consolidated MDL proceeding brought on behalf of issuing banks claiming damages resulting from Target’s 2013 payment card hacking incident.  Click Here for a copy of the order.  The BakerHostetler Class Action Lawsuit Defense Blog will feature a more detailed write-up on the decision soon.

In the way of initial reaction, I don’t think the decision will be impactful in cases outside the specific context of issuing bank class actions against retailers in payment card breach cases because of unique issues having to do with common injury and causation of loss.  In particular, in evaluating whether variations in injury and causation should prevent certification, Judge Magnuson distinguished the issuing bank case from the class actions brought on behalf of individual consumers arising from the same breach.  Judge Magnuson observed that while the injuries alleged by consumers are largely potential future injuries that may or may not occur, the banks claimed to have already suffered concrete injuries in the form of the cost of reissuing cards to customers.  Thus, he reasoned that the any individualized issues regarding causation and injury were not present with regard to the financial institutions’ claims, and any issues regarding variations in the amount of damages did not prevent class certification.  This distinction means that the decision will be of limited value to plaintiffs in consumer data breach class actions.

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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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