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Kristin Bryan is a litigator experienced in the efficient resolution of privacy matters, including class action and multidistrict litigation, in courts nationwide.  As a natural extension of her experience litigating data privacy disputes, Kristin is also experienced in providing business-oriented privacy advice to a wide range of clients, with a particular focus on companies handling consumers’ personal data. Kristin is admitted to practice in both New York and Ohio and currently the co-chair of the International Association of Privacy Professional’s KnowledgeNet for Cleveland.

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CPW recently covered Tsao v. Captiva MVP Rest. Partners, LLC where the Eleventh Circuit aligned itself with others that “declined to find standing on an ‘elevated risk of identity theft’ theory where the plaintiffs failed to allege any actual misuse of class members’ personal information.”  Well, Tsao is already having a significant impact on data

In case you missed it, below is a summary of recent posts from CPW.  Please feel free to reach out if you are interested in additional information on any of the developments covered.

Walmart CCPA Class Action Litigation Update: Will Plaintiff’s Claims Get Kicked by Court? | Consumer Privacy World

BIG NEWS: The Eleventh Circuit

As readers of CPW know, the Lavarious Gardiner v. Walmart Inc. et al. case is unusual.  Back in July 2020, Plaintiff filed a class action complaint against Walmart alleging that Walmart suffered a data breach which was never disclosed.  As evidence of the breach, Plaintiff presented claims that the personal information associated with his

CPW has previously covered the proliferation of data breaches, including in the healthcare context.  In a dramatic rebuttal of how the Department of Health and Human Services Office of Civil Rights’ (“OCR”) has historically enforced HIPAA, the Fifth Circuit Court of Appeals recently handed down a landmark decision vacating a multi-million dollar penalty that

Readers of CPW are likely already aware of a long-running Court of Appeals split regarding what injuries in the data breach context suffice for purposes of Article III standing.  Well, in a decision out just last week the Eleventh Circuit decided to weigh in, coming out decisively on the side of defendants in data breach

In case you missed it, below is a summary of recent posts from CPW.  Please feel free to reach out if you are interested in additional information on any of the developments covered.

Defendant Seeks to Limit CCPA’s Private Right of Action and Force Massive Class Action into Binding Arbitration

Comprehensive Privacy in the US:

The Northern District of Illinois recently declined to stay an action for declaratory relief relating to an insurance coverage dispute arising out of the ongoing Clearview litigation.  This was because, the court held, determination of whether an insurance policy applied did not require resolution of facts related to the policy holder’s alleged violations of

A federal court recently refused to apply the economic loss rule to limit claims brought against a fast-food chain in the wake of a massive data breach.  This case serves as a useful reminder of the variety of claims (and defenses) that can come up in data privacy litigation.  In re Sonic Corp. Customer Data

CPW has previously covered how companies are increasingly turning to consumer arbitration agreements to limit litigation exposure.  While an arbitration agreement does not allow a defendant to avoid a lawsuit outright, it does provide an escape mechanism from the public scrutiny and cost of litigation.  Issues concerning application of arbitration agreements continue to come up