Header graphic for print
HL Chronicle of Data Protection Privacy & Information Security News & Trends

Tag Archives: Data Breach Litigation

Posted in Cybersecurity & Data Breaches, Privacy & Security Litigation

8th Circuit Affirms Standing as Barrier in Data Breach Class Actions

The U.S. Court of Appeals for the Eighth Circuit has become the latest appellate court to enter the contested debate over Article III standing in data breach litigation. The Eighth Circuit held that 15 of 16 named plaintiffs who never alleged they had suffered identity theft or incurred fraudulent charges on their payment cards did not have standing to pursue claims based on alleged risk of future harm in the multidistrict action In re SuperValu, Inc. Customer Data Security Breach Litigation. The Eighth Circuit’s opinion comes on the heels of other decisions that found risk of future harm following a data breach sufficient to confer Article III standing on class action plaintiffs.

Posted in Cybersecurity & Data Breaches, Privacy & Security Litigation

Target Court Upholds Attorney-Client Privilege in Cyber Investigations

In a decision issued late last Friday, the United States District Court for the District of Minnesota rejected an effort by class action Plaintiffs to access materials created in the course of Target’s investigation of its 2013 payment card breach that Target claimed were protected by the attorney-client privilege and work product doctrine.

Posted in Cybersecurity & Data Breaches, Privacy & Security Litigation

Seventh Circuit Finds Article III Standing Following Data Breach, but Significant Hurdles Remain for Plaintiffs Seeking Recovery

In a move counter to the trending precedent in data breach litigation, the U. S. Court of Appeals for the Seventh Circuit ruled on July 20 that data breach plaintiffs whose personal information was potentially exposed in a confirmed hacking breach of a major retailer’s network alleged enough risk of harm to meet the standing requirements of Article III of the U.S. Constitution. Plaintiffs’ lawyers will herald this decision, but standing is only the first of many hurdles data breach plaintiffs must cross to proceed to the merits in data breach litigation.