Blaming the Victim Again: It’s “Groundhog Day” for Data Breaches
Here we go again. A prominent company suffers a data breach. The company publicly alerts its customers. The company almost immediately finds itself the subject of inquiries from Congress and the...
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Seventh Circuit Hears Class Action Suit Against Neiman Marcus Over Data Breach
On January 23, the Seventh Circuit Court of Appeals heard oral arguments in a class action suit against Neiman Marcus Group LLC over the alleged 2013 hack that compromised the credit card numbers of...
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Taking Control of Cybersecurity: What Health Care Organizations Need to Know
Sony, Target, Westinghouse, Home Depot, U.S. Steel, Neiman Marcus, and the National Security Agency (NSA). The security breaches suffered by these and many other organizations, including most recently...
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Cyber Liability Insurance – Does Your Retail Business Need It?
The news is full these days of hackers stealing credit card and other customer information from United States retailers such as Home Depot, Target, and Neiman Marcus (and the federal government) among...
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Seventh Circuit Finds Plaintiffs Have Standing in Neiman Marcus Data Breach Suit
On July 20, the Seventh Circuit Court of Appeals ruled that a group of plaintiffs who sued Neiman Marcus over the theft of their credit card information in a data security breach had standing to sue...
View ArticleCourt of Appeals Allows Class Action to Proceed Against Neiman Marcus
On July 20, 2015 the U.S. Court of Appeals for the 7th Circuit addressed the issue of standing in a suit by class action plaintiffs against Neiman Marcus following a 2013 data breach. Neiman Marcus...
View ArticleData Breach Plaintiffs Allege Enough Risk of Harm for Suit to Proceed,...
Neiman Marcus customers whose credit card information potentially was exposed in a 2013 breach of the retailer’s computer systems may proceed with their proposed class action lawsuit against the...
View ArticleChange in the Prevailing Winds in Consumer Data Breach Cases?
In Remijas v. Neiman Marcus Group, LLC, the Seventh Circuit reversed a district court decision dismissing consumer payment card data breach claims for lack of standing. The appellate panel held that...
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O.K., This is a Big Deal: 7th Cir. Reinstates Neiman Marcus Consumer Data...
In a ruling that could provide an important boost future consumer data breach class action litigation, the Seventh Circuit has reinstated the Neiman Marcus data breach lawsuit, ruling that the district...
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Seventh Circuit Overturns Neiman Marcus Data Breach Class Action Dismissal
In an unusual turn for recent data breach class action cases, the Seventh Circuit this week found that a likely threat of identity theft is sufficient for a proposed class to have standing to sue...
View ArticleSeventh Circuit: Victims of Data Breaches Have Article III Standing to...
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 Article...
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Seventh Circuit Resurrects Data Breach Class Action and Stymies Standing...
On July 20, 2015, the Seventh Circuit reinstated a data breach class action in Remijas v. Neiman Marcus Group, LLC, No. 14-3122, after a 2013 malware attack on Neiman Marcus’s computer systems that...
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Barbarians at the Gate: Seventh Circuit Finds Article III Standing for Data...
As a result of the Supreme Court’s decision in Clapper v. Amnesty Int’l USA, 133 S. Ct. 1138, 1147 (2013), data breach class actions were largely considered dead in the water. The overwhelming...
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The Seventh Circuit Sides with Plaintiffs in Data Breach Litigation
On July 20, 2015, in Remijas v. Neiman Marcus Group, LLC, No. 14-3122 (7th Cir. 2015), the Seventh Circuit held that the United States District Court for the Northern District of Illinois wrongfully...
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Barbarians at the Gate: Seventh Circuit Finds Article III Standing for Data...
As a result of the Supreme Court’s decision in Clapper v. Amnesty Int’l USA, 133 S. Ct. 1138, 1147 (2013), data breach class actions were largely considered dead in the water. The overwhelming...
View ArticleData Breach Class Actions — Time to Reassess Your Exposure?
The Seventh Circuit may have gone a long way to opening a flood of data-breach class actions when it held that “injuries associated with resolving fraudulent [credit-card] charges and protecting...
View ArticleNeiman Marcus Asks Full 7th Circuit to Consider Standing Ruling in Breach Suit
A Seventh Circuit panel that allowed a data breach suit against Neiman Marcus to proceed misapplied the Supreme Court’s precedents on standing and, “if allowed to stand, will impose wasteful litigation...
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Seventh Circuit Finds Article III Standing Following Data Breach, but...
In a move counter to the trending precedent in data breach litigation, the U. S. Court of Appeals for the Seventh Circuit ruled on July 20 that data breach plaintiffs whose personal information was...
View ArticleData Breach Class Actions—Time to Reassess Your Exposure?
The Seventh Circuit’s ruling in Remijas v. Neiman Marcus Group, LLC may have removed a substantial hurdle for data-breach class actions (as we previously discussed) by holding that “injuries associated...
View ArticleNeiman Marcus Chides Seventh Circuit Panel
Retailer Neiman Marcus has filed a petition seeking en banc review by the entire Seventh Circuit of the decision by a three-judge panel of that court in Remijas v. Neiman Marcus Group, LLC reversing...
View ArticleRemijas V. Neiman Marcus—is It Really a Game Changer?
The Seventh Circuit’s ruling in Remijas v. Neiman Marcus Group, LLC may have removed a substantial hurdle for data-breach class actions (as we previously discussed) by holding that “injuries associated...
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Remijas V. Neiman Marcus—Overhyped and Overblown
The Seventh Circuit’s ruling in Remijas v. Neiman Marcus Group, LLC may have removed a substantial hurdle for data-breach class actions (as we previously discussed) by holding that “injuries associated...
View ArticleClass Action Plaintiffs Have Standing Based On Actual Injuries and Costs of...
The Court of Appeals for the Seventh Circuit recently held that class action plaintiffs alleging injuries due to corporate hacking scandals have standing to pursue those claims in federal court, based...
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Managing Post-data Breach Litigation Just Got Harder
Data breaches are messy stuff, no doubt about that. They consume a huge amount of corporate resources, damage a company’s goodwill and can cost a lot of money. No real news there. And while the...
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Did Seventh Circuit Case Make Data Breach Lawsuits Easier for Plaintiffs?
After a data breach, companies and other organizations have many worries—what happened to their data? How will their employees and clients be affected? How to remedy the situation? Will we face a...
View ArticleCoverage for Future Injuries: Is Your Cyber Policy Up to the Neiman Marcus...
As I discussed in a recent post, on July 20, 2015, the Seventh Circuit issued its opinion in the Neiman Marcus consumer data breach class action lawsuit. In its opinion (a copy of which can be found...
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