Litigation and legal developments concerning data breaches.
Lawsuits often follow a healthcare data breach, but understanding what drives litigation trends can help healthcare organizations prepare. Jill McKeon explains: When a healthcare data breach occurs, lawsuits filed by affected individuals often follow. In fact, data breach lawsuits are on the rise across all industries, according to a 2024 report from law firm BakerHostetler. In 2023, the firm handled more […]
It’s been a rough time for federal agencies. First the Supreme Court undid 40 years of Chevron deference. Now a federal judge has gutted the Security and Exchange Commission’s lawsuit against SolarWinds. Reuters reports: A U.S. judge dismissed most of a Securities and Exchange Commission lawsuit accusing software company SolarWinds (SWI.N), opens new tab of defrauding investors […]
Occasionally, a business giant with the funds to fight the government will challenge a federal agency’s enforcement action. This time, it is MGM taking on the FTC. Law.com reports: The Federal Trade Commission this week defended its investigation of MGM Resort International’s data security practices as the Las Vegas-based casino is seeking a court order […]
The Supreme Court issued a decision today that could limit federal agencies attempting to impose fines for data security violations or breaches. Although the decision in Securities and Exchange Commission v. Jarkesy did not involve data security or a data breach, the issue before the court involved the agency’s authority to charge someone with a violation […]
Courthouse News reports that the Supreme Court has agreed to review a Ninth Circuit decision that revived a shareholder’s lawsuit against Facebook that stemmed from the Cambridge Analytica breach. The Supreme Court agreed on Monday to review whether shareholders can revive a lawsuit accusing Facebook of misleading them about the risk associated with user data […]
Linn Foster Freedman of Robinson + Cole notes that Tennessee Governor Bill Less has signed legislation into law that will shield private entities from class action lawsuits stemming from cybersecurity incidents unless the event was caused by willful, wanton, or gross negligence. The bill amends TCA Title 29 and Title 47. Freedman comments: This bill […]
On May 21, 2024, the U.S. Securities and Exchange Commission (“SEC”) published interpretive guidance on reporting material cybersecurity incidents under Form 8-K. Lawyers at Hunton Andrews Kurth comment: Since December 18, 2023, when the SEC’s rules for reporting material cybersecurity incidents under Item 1.05 on Form 8-K took effect, we have identified 17 separate companies that have made disclosures under […]
A press release from the Securities and Exchange Commission (SEC): Washington D.C., May 22, 2024 — The Securities and Exchange Commission today announced that The Intercontinental Exchange, Inc. (ICE) agreed to pay a $10 million penalty to settle charges that it caused the failure of nine wholly-owned subsidiaries, including the New York Stock Exchange, to […]
From the Federal Trade Commission: The Federal Trade Commission has finalized an order against Blackbaud Inc. settling allegations that its lax security practices allowed a hacker to breach the company’s network and access the personal data of millions of consumers including Social Security and bank account numbers. In a complaint first announced in February 2024, the FTC […]
Federal Court Rejects Motion to Dismiss Wiretap Claims Using HIPAA to Support Crime-Tort Exception Allegations
If you feel like you need an explanation of the headline, you are not alone. But BCLP explains the concept and court decisions: It has now become commonplace for Plaintiffs’ attorneys to bring claims alleging that routine marketing techniques, including the deployment of behavioral advertising cookies and pixels, constitute wiretaps in violation of state and […]