Blog Posts Tagged With Civil Liability

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Private Actions Under the GDPR—One More Privacy Concern for U.S. Companies to Worry About?

In the lead-up to the EU’s General Data Protection Regulation (“GDPR”) becoming effective on May 25, little attention was paid in the U.S. to the private right of action that the GDPR creates. But so far, private actors have filed approximately 24 cross-border GDPR complaints with EU regulators.

At least four significant complaints were filed on May 25 by privacy activist Max Schrems—who brought down the U.S.-EU Safe Harbor Framework in 2015—and his non-profit organization, … Continue Reading

Still Standing—The Road for Plaintiffs in Consumer Cyber Breach Class Actions May Be Getting Smoother

If you haven’t been closely following, you may be of the mistaken view that without evidence of actual harm, consumer plaintiffs in federal cyber breach cases have no standing.  While that may have been roughly correct in 2016, the story in 2018 is more complicated, and getting better for plaintiffs.

On January 22, 2018, the U.S. Supreme Court denied Spokeo Inc.’s petition for writ of certiorari to review the Ninth Circuit’s most recent decision in … Continue Reading

The Intel Complaint – Cyber Class Action Securities Cases on the Rise

One of our cyber predictions for 2018 was that class action securities cases are going to become a major issue for companies involved in cyber events.

Large-scale data breaches often give rise to a variety of legal problems for the affected company, ranging from consumer class action litigation to congressional inquiries and state attorney general investigations.  As we have discussed previously elsewhere, an additional emerging risk for breached companies is federal securities class action litigationContinue Reading

The Rise of State Consumer Protection Act Cyber Cases

Plaintiffs in data breach cases have tried many theories of recovery, including negligence, negligence per se, violations of state data protection statutes, violations of the Fair Credit Reporting Act, breach of fiduciary duty, and violations of the constitutional right to privacy, with mixed results.

Courts have rejected many of these claims, but plaintiffs and regulators are increasingly having success with allegations of unfair business practices.  At the federal level, the Federal Trade Commission (“FTC”) has … Continue Reading

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