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Apr 19

Still Standing: Data Breach Class Action Against P.F. Chang’s Revived on Appeal

We have previously written here and here on the evolution of standing in data breach/theft cases.  P.F. Chang’s China Bistro is the latest defendant to lose its bid to dismiss a class-action complaint for lack of standing.  Last Thursday, the 7th Circuit Court of Appeals… Read More

Jul 24

A Standing Ovation for Plaintiffs in Data Breach Cases

Earlier this week, in Remijas v. Neiman Marcus Group, the Seventh Circuit reinstated a class action against Neiman Marcus stemming from a 2013 data breach.  In so doing, it was the first court of appeals to find that the data breach plaintiffs’ actual injuries, future… Read More

Jun 04

Allegheny County Judge Rules that Pennsylvania Does Not Recognize Negligence Claims in Data Breach Actions

A Pittsburgh-area judge recently ruled that Pennsylvania does not recognize negligence claims in data breach lawsuits. Dittman v. UPMC, No. GD-14-003285 (Pa. Ct. Com. Pl., Allegheny Cnty., May 28, 2015). The case centers on a data breach in 2014 involving the University of Pittsburgh Medical… Read More

Mar 20

When Does a Hack Become a Compensable Harm in Federal Court?

No business wants to be the victim of a data breach, but to hear former Director of National Intelligence Mike McConnell tell it, every major corporation in America already has (whether they realize it or not). The discovery of a potential breach should set off… Read More

Jun 17

Another Post-Clapper Data Privacy Breach Case Dismissed for Lack of Standing

The U.S. Supreme Court’s decision in Clapper v. Amnesty International USA, 133 S. Ct. 1138 (2013), continues to be relied on by federal courts to hold that “mere loss of data” or “increased risk of identity theft” in a data breach case does not constitute… Read More