Data privacy litigation comes in all shapes and sizes.  One federal privacy statute that CPW readers may not have heard of is the Driver’s Privacy Protection Act (“DPPA”).  A class action settlement which just received a federal court’s preliminary approval provides a good “vehicle” for discussing the contours of this law and its impact on

While many federal courts have weighed in on the issue of what suffices for Article III standing in the context of a data breach litigation, not all state courts have.  Last week, the Superior Court of Delaware found that a group of plaintiffs who received a notice that their personal information had been potentially compromised

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.

DENIED! Court REJECTS Motion to Certify Class in Data Breach Alleging Disclosure of Employees’ Sensitive Tax Information | Consumer Privacy World

Sorry

Data breach litigations rarely make it to motions for class certification.  This trend makes each decision that does come out addressing class certification in the data breach context that much more interesting.  Well, last week a federal court denied a plaintiff’s motion to certify a class in the wake of an employer data breach that

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.

Beware: The Report Expressly Prepared for Trial Counsel May Not Be Privileged After All | Consumer Privacy World

No Article III Standing

As a litigator, there’s nothing more important than pleading your case – and a recent case from the Eastern District of Pennsylvania reminds us that in litigation, more often than not, there are no chances for do-overs.

In Kelly v. Realpage, Inc., No. 2:19-cv-01706-JDW, 2021 U.S. Dist. LEXIS 842 (E.D. Pa. Jan. 5, 2021),

According to many plaintiffs in recently filed data breach litigations, credit and debit card fraud is a growing problem.  It’s great if this sounds familiar to readers of CPW, because it should:  last year, we discussed a class action lawsuit filed by a group of credit unions against a Pennsylvania-based convenience store chain alleging a

CPW has previously covered how companies can proactively use binding arbitration agreements to manage litigation risk-including in the context of data privacy litigation.  But as a biometric software developer just learned, if you’re not a signatory to the agreement, you better make sure the arbitration clause is drafted broadly enough to cover you to

The technology that science fiction promised us has finally arrived, but accompanying it are new duties, liabilities, and causes of action.  Smart homes, or homes interfaced with internet functionality, are growing in popularity.  In a smart home, features like door locks and appliances may be connected to the internet, allowing consumers to remotely control or