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Searching Content by Hanley Chew from Fenwick & West LLP ordered by Published Date Descending.
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1
Eighth Circuit Finds No Duty For Retailers To Safeguard Personal Data Of Customers
Pursuing negligence claims in the Eighth Circuit following a data breach just got harder. On May 31, 2019, the U.S. Court of Appeals for the Eighth Circuit again dismissed the data breach claims
United States
12 Jun 2019
2
Third Circuit Holds Procedural FACTA Violation Insufficient To Establish Standing
The U.S. Court of Appeals for the Third Circuit added its voice to the chorus of circuit courts of appeal that have held that alleged procedural violations of the FACTA, such as the inclusion of a credit card's...
United States
25 Mar 2019
3
Five Steps To Help Reduce Risk Of Using Biometrics Following Illinois Supreme Court BIPA Ruling
The ruling is also likely to make predominance and typicality challenges to class actions more difficult for defendants.
United States
4 Feb 2019
4
Pennsylvania High Court's Dittman Ruling Makes It Harder To Dismiss Data Breach Actions
The Pennsylvania Supreme Court recently held that employers have "a legal duty to safeguard" the personal data of their employees which is stored on internet-accessible computer systems and that the economic loss doctrine allows plaintiffs to recover purely pecuniary damages on a negligence claim "provided that [they] can establish the defendant's breach [of that duty]."
United States
2 Jan 2019
5
Top SCOTUS Cases That Matter For Tech, Life Sciences And Games Industries – 2018 Term Preview
As the U.S. Supreme Court kicks off its 2018 term this week, it prepares to take up a series of firsts, including questions about the America Invents Act, securities fraud and privacy-related class action litigation.
United States
4 Oct 2018
6
Biometric Data Privacy Act Class Action Dismissed For Lack Of Actual Injury
A federal district court in the Northern District of Illinois dismissed a putative class action alleging violations of the Illinois Biometric Information Privacy Act ...
United States
23 Aug 2018
7
Procedural FCRA Violation Without Harm Is Insufficient For Standing, 9th Circuit Rules
The U.S. Court of Appeals for the Ninth Circuit held on July 13 that procedural violations of the Fair Credit Reporting Act without actual harm were insufficient to confer Article III standing.
United States
2 Aug 2018
8
California's New Landmark Data Privacy Regulation And What Companies Need To Do To Comply
Governor Jerry Brown on June 28, 2018, signed into law the California Consumer Privacy Act (AB 375, or CCPA)—the most comprehensive data privacy regulation to date in the United States.
United States
24 Jul 2018
9
California's New Landmark Data Privacy Regulation And What Companies Need To Do To Comply
The new law takes effect January 1, 2020, but there's a lot to do so you need to start work now.
United States
23 Jul 2018
10
Appellate Court Affirms Dismissal Of Former Employee's Data Breach Claims
The U.S. Court of Appeals for the Third Circuit has found that plaintiffs must show a causal connection between the theft of their personal information and the purported harm...
United States
16 Jul 2018
11
Takeaways From The 11th Circuit's Reversal Of The FTC's Data Security Order Against LabMD
The U.S. Court of Appeals for the Eleventh Circuit on June 6 issued its long-awaited decision in LabMD v. FTC, vacating a FTC cease and desist order directing LabMD to overhaul its data security program...
United States
12 Jul 2018
12
Takeaways From The 11th Circuit's Reversal Of The FTC's Data Security Order Against LabMD
The U.S. Court of Appeals for the Eleventh Circuit on June 6 issued its long-awaited decision in LabMD v. FTC, vacating a FTC cease and desist order directing LabMD to overhaul its data security program...
United States
11 Jul 2018
13
Appellate Court Lowers Pleading Requirements For Standing In Optometrists' Data Breach Suit
The U.S. Court of Appeals for the Fourth Circuit has found that allegations that fraudsters used the personal information of data breach victims are sufficient to establish ...
United States
4 Jul 2018
14
Appellate Court Joins Growing Chorus Finding That Procedural FACTA Violations On Their Own Are Insufficient For Standing
In keeping with its recent decision in Bassett v. ABM Parking Services, the U.S. Court of Appeals for the Ninth Circuit held in Noble v. Nevada Checker Cab (March 9, 2018) that alleged procedural violations...
United States
15 Mar 2018
15
Appellate Court Finds Risk of Identity Theft Sufficient to Establish Standing, Circuit Split Worsens
The U.S. Court of Appeals for the Ninth Circuit has found that allegations of a future risk of identity theft resulting from a data breach are sufficient to establish standing.
United States
13 Mar 2018
16
Groundwork Grows For Defendants Challenging FACTA Complaints Lacking Actual Injury Allegations
The U.S. Court of Appeals for the Ninth Circuit joined a growing number of circuit courts of appeal to hold that alleged procedural violations of the Fair and Accurate Credit Transactions Act...
United States
28 Feb 2018
17
Appellate Court Rules IT Worker Liable Under CFAA For Sabotaging Employer's Network
The U.S. Court of Appeals for the Fifth Circuit affirmed the Computer Fraud and Abuse Act conviction of an IT worker who sabotaged his employer's network...
United States
22 Dec 2017
18
Appellate Court Rules IT Worker Liable Under CFAA For Sabotaging Employer's Network
The U.S. Court of Appeals for the Fifth Circuit affirmed the Computer Fraud and Abuse Act conviction of an IT worker who sabotaged his employer's network, rejecting the argument ...
United States
20 Dec 2017
19
Ninth Circuit Makes It Easier To Sue For Video Privacy Protection Act Violations But Harder To Win
The U.S. Court of Appeals for the Ninth Circuit held in Eichenberger v. ESPN that allegations that the Video Privacy Protection Act was violated ...
United States
7 Dec 2017
20
Allegations Of Procedural Biometric Data Privacy Violations Not Enough For Class Action, Says Appeals Court
The U.S. Court of Appeals for the Second Circuit on Nov. 21, 2017, affirmed the dismissal of a putative class action alleging violations of the Illinois Biometric Information Privacy Act ...
United States
30 Nov 2017
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