On August 21, 2017, the United States Court of Appeals for the Eighth Circuit affirmed the dismissal of a putative class action arising from the Scottrade data breach. Notably, however, the Eighth Circuit did not agree with the trial court’s ruling that the plaintiff lacked Article III standing, instead dismissing the case with prejudice for failure to state a claim.
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Jason Beach
Chipotle Payment Card Data Breach: Financial Institutions File Leapfrog Suit
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On May 26, 2017, Alcoa Community Federal Credit Union, on behalf of itself, credit unions, banks and other financial institutions, filed a nationwide class action against Chipotle Mexican Grill, Inc. arising from a breach of customer payment card data.
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Target and State Attorneys General Resolve Investigation with Largest Multi-State Breach Settlement to Date
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On May 23, 2017, Target reached a settlement with the Attorneys’ General of 47 states and the District of Columbia to resolve the states’ investigation of Target’s 2013 data breach.
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Second Circuit Affirms Dismissal of Putative Data Breach Class Action for Lack of Article III Standing
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On May 2, 2017, the United States Court of Appeals for the Second Circuit issued a summary order affirming dismissal of a putative consumer class action against Michaels Stores, Inc. for lack of Article III standing.
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Federal Court: Sony Pictures Data Breach Class Action Settlement Approved
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Posted in Information Security, Security Breach
Recently, U.S. District Judge R. Gary Klausner approved a settlement in Corona v. Sony Pictures Entertainment, Inc. The litigation centered on a data breach involving the stolen personal information of at least 15,000 former and current employees.
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Plaintiffs Survive Motion to Dismiss in Remanded Data Breach Litigation
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Posted in Security Breach, U.S. Federal Law
A federal judge of the U.S. District Court for the Northern District of Illinois denied Neiman Marcus’ motion to dismiss a class action complaint regarding a 2013 data breach. …
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Class Action Filed Against Georgia’s Secretary of State
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On November 17, 2015, two plaintiffs filed a putative class action alleging that Georgia’s Secretary of State improperly disclosed the personal information of more than 6.1 million Georgia voters.
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Federal Court: Attorney-Client Privilege and Work-Product Doctrine Upheld for Materials Associated with Internal Data Breach Investigation
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On October 23, 2015, the United States District Court for the District of Minnesota, in large part, upheld Target’s assertion of the attorney-client privilege and work-product protections for information associated with a privileged, internal investigation of Target’s 2013 data breach. …
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Putative Data Breach Class Action Against Uber Dismissed Without Prejudice
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Posted in Security Breach, U.S. State Law
The United States District Court for the Northern District of California dismissed, without prejudice, a former Uber driver’s class action complaint. This blog entry provides highlights from the case.
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Seventh Circuit Denies En Banc Review For Data Breach Class Action
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Posted in Security Breach, U.S. Federal Law
On September 17, 2015, the Seventh Circuit rejected Neiman Marcus’ petition for a rehearing en banc of Remijas v. Neiman Marcus Group, LLC, No. 14-3122. …
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