The U.S. Office of Personnel Management (OPM) announced that hackers have stolen the personal information of approximately 4 million current and former federal employees, including names, birthdates and social security numbers. OPM serves as the human resources department -and holds employee records – for the entire federal government, ranging from security clearances to the identities… Continue Reading
Tag Archives: Class Action
Court Decision in Sony PlayStation Data Breach Case Places Burden on Plaintiffs to Allege Actual Damages
Posted in Class Action Litigation, Data Breach, Data Breach NotificationWritten by Kevin McGinty Class action plaintiffs asserting claims against Sony in connection with the 2011 Sony PlayStation Network (“PSN”) data breach face permanent dismissal of their claims unless they can allege actual losses resulting from the breach. In an October 11 decision, a federal court in Los Angeles granted in part Sony’s motion to… Continue Reading
Massachusetts Businesses Face Two New Challenges on Data Security
Posted in 201 CMR 17.00, Class Action Litigation, Data Compliance & SecurityA cross-post from our friends at the Associated Industries of Massachusetts – and important reading, given that March 1st is Thursday. Employers Face Two New Challenges on Data Security
Privacy Class Actions – It’s Still About the Damages
Posted in Class Action Litigation, Online Advertising, Privacy LitigationWritten by Kevin McGinty In a mixed decision, a federal court judge in New York dismissed federal statutory claims arising from Web-based advertisers’ use of cookies that tracked users’ Web browsing activities, but denied a motion to dismiss claims under state law. The plaintiff in Bose v. Interclick alleged that Interclick and clients McDonalds, CBS, Mazda… Continue Reading
Mixed Decision on Motion to Dismiss Google Street View Class Action Augurs Continuing Difficulty in Maintaining Privacy Class Actions
Posted in UncategorizedUPDATE — Google has filed an appeal to the 9th Circuit to review this lower court decision “before forcing to proceed with protracted litigation” on the federal wiretapping case. Good article by David Kravets of Wired here Written by Kevin McGinty Regular readers of this blog will be familiar with my view that difficulty in proving… Continue Reading
Court Approves Settlement of Flash Cookie Class Action
Posted in UncategorizedWritten by Kevin McGinty On Monday, a federal judge in Los Angeles issued an order granting final approval to a previously-announced settlement of consolidated class actions alleging that the use of so-called “flash cookies” in connection with advertising on web sites resulted in unauthorized tracking of web users’ browsing activity. In addition, plaintiffs alleged that… Continue Reading
Let The Litigation Begin – Sony PlayStation Data Breach Class Action Filed in Boston
Posted in Data BreachWritten by Kevin McGinty With the inevitability of death and taxes, data breaches spawn class action lawsuits. The massive Sony PlayStation Network data breach has now resulted in the filing of a class action in federal court in Massachusetts captioned Thompson v. Sony Computer Entertainment. The named plaintiff asserts her claims on behalf of a… Continue Reading
No Harm, No Foul; Ninth Circuit Affirms Dismissal of Data Breach Case Against The Gap
Posted in Data BreachWritten by Kevin McGinty It’s a distressingly common scenario. A corporate laptop containing job applicant data, including social security numbers, is stolen from an employee who has taken the laptop off of corporate premises. Access to the social security numbers makes it possible for wrongdoers to engage in identity theft. Is an applicant’s fear that… Continue Reading
Privacy Class Actions….Waiting for Hannaford
Posted in Data BreachMy colleague, Kevin McGinty, has penned an interesting analysis of the latest in the class action litigation arising out of the Hannaford supermarket chain data breach. Specifically, Maine’s highest court is being asked to determine whether the law recognizes the time and effort payment cardholders spend trying to protect themselves after a data breach as… Continue Reading
Class Action Suit Filed in “Clear” Program Termination
Posted in Secure TravelingHere we go …..