Litigation and legal developments concerning data breaches.
Lawyers at Constangy, Brooks, Smith & Prophete, LLP write: Businesses continue to be subjected to a steady stream of consumer class action lawsuits alleging improper collection or disclosure of information from their websites. A variety of laws and legal claims are used to support the suits. Some lawsuits assert violation of laws that are not […]
“Telecom companies told the U.S. Court of Appeals for the Sixth Circuit Monday that new Federal Communications Commission data breach rules are too similar to ones nixed by Congress in 2017.” Broadband Breakfast reports: “Congress disapproved the FCC’s earlier 2016 Reporting Rule, and the FCC all but admits that the two rules are nearly identical. […]
Risky Biz News reports: The FTC has fined security camera firm Verkada $2.95 million for failing to implement cybersecurity measures to protect its systems. The fine is related to a March 2021 security breach when a hacker accessed customer data and video footage from over 150,000 Verkada cameras. The hacker used the cameras to access and leak footage from psychiatric hospitals, […]
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 […]
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 […]
Retrospective: 2024 in comprehensive state data privacy law
2024 was an active year for state privacy law. Keir Lamont and David Stauss recap the year for IAPP: By the numbers, 2024 experienced a comparable level of activity to 2023 with seven new states passing comprehensive privacy laws, bringing the total number of state laws to 19 — or 20 depending on whether you […]