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By Phillip N. Yannella, Daniel JT McKenna and Suzanne O. Lufadeju An increase in data breach class actions could be the result of a recent decision of the Seventh Circuit holding that allegations of future harm stemming from a data...

By Amanda Fitzsimmons, Jim Halpert and Chelsea N. Mutual To date, an overwhelming majority of courts have dismissed data breach consumer class actions at the outset due to a lack of cognizable injury-in-fact, an essential element for standing under...

By Daniel JT McKenna, Philip N. Yannella and Suzanne O. Lufadeju A federal judge in Pennsylvania has allowed a data breach class action against Coca-Cola and several bottling companies to proceed, finding that the plaintiff has Article III standing...

By Christopher S. Colby Imagine that your laptop is stolen. Since you conduct all your business on it, you struggle to remember the last time you backed up your data, and agonize at the prospect of rebuilding weeks, months, and possibly years of files...

By Christopher S. Colby Recall from Part I of the Primer on Virginia's Data Breach Law that your laptop has been stolen, and you have concluded there has been a breach of security under Virginia's data breach law. You must now determine whom...

A new putative class action lawsuit has been filed against the hotel chain owned by Donald Trump in the United States District Court for the Southern District of Illinois, after the hotel chain revealed that it had been the subject of a data breach. The...

By David Navetta and Kris Kleiner On October 23, 2015, the Federal District Court in Minnesota upheld Target’s assertion that documents produced pursuant to an internal investigation of its 2013 security incident fell within the protections of...

Sometimes there are questions for which nobody knows the answer. And sometimes there are questions to which I know the answer but wish I didn’t – like how many Girl Scout Thin Mint cookies I ate last night. One question in the Tootsie Roll...

Tapas: Small Dishes of Insurance Coverage News & Notes The Open Mic column in the last issue of CO – July 15th -- was titled “Barry Manilow And Cyber Coverage: Court Writes The Songs For Policyholders.” It addressed an Oregon...

In a video message, Attorney General Eric Holder called on Congress to create a strong, national standard for quickly alerting consumers whose information may be compromised by cyberattacks. Holder said that this legislation would strengthen the Justice...

I have frequently noted that among the many exposures a company experiencing a data breach could encounter is the possibility of a shareholder suit alleging that the company’s board breached their fiduciary duties by failing to take sufficient steps...

“ Simply put, the class action vehicle is broken .” -- Judge William Young, Overseeing The T.J. Maxx Data Breach Litigation Once my wife believes something it is very difficult to change her mind. And if her mother agrees with her then...

By Louis A. Chiafullo and Brett D. Kahn, Attorneys, McCarter & English, LLP In their article appearing in the May/June 2011 issue of Coverage , "Coverage for Cyber Risks," Louis Chiafullo and Brett Kahn first observe that the costs arising...

By Michael R. Kelley . According to FBI Director Robert Mueller, "there are only two types of companies: those that have been hacked and those that will be…." Computer hackers stealing our personal information (social security numbers...