As readers of CPW know, although the California Consumer Protection Act (“CCPA”) and other state statutes provides California residents additional privacy protections there are limits on the laws’ scope. This includes as was the case here and, consistent with prior rulings, that a defendant may not rely on the CCPA and other state privacy laws
On Thursday January 20th from 2-3:30 pm CPW’s Kristin Bryan will be joining a panel of experts to discuss current trends and best practices concerning digital forensics. From her perspective as a data privacy and cybersecurity litigator, Kristin will discuss establishing and protecting the privilege of forensic reports prepared in the wake of a data
2021 was another year of high activity in the realm of data event and cybersecurity litigations with several noteworthy developments. CPW has been tracking these cases throughout the year. Read on for key trends and what to expect going into the 2022.
Recap of Data Breach and Cybersecurity Litigations in 2020
2021 heralded several developments
CPW’s Kristin Bryan, Ericka Johnson and Rafael Langer-Osuna have partnered with Strafford for an interactive 90 minute CLE video webinar Thursday, October 28, 2021 from 1:00pm-2:30pm EST on “Defending Work-Product Status and Attorney-Client Privilege of Forensic Reports–Equipping Commercial Litigators to Protect Incident Investigations and Related Communications From Discovery.”
You can register here. This
Readers of CPW are familiar with In re Blackbaud, a data privacy multi-district litigation (“MDL”) created in December 2020 that is currently pending in the District of South Carolina. The MDL was created to manage the claims of individuals and putative class representatives against Blackbaud, a cloud software company that was targeted in several
CPW has previously covered the long-running Sonic cybersecurity litigations.
As readers will recall, in 2017 unidentified third parties accessed Sonic customers’ payment card data. The hackers purportedly obtained customer payment card information from more than three-hundred Sonic Drive-Ins. Litigation followed, which was consolidated into multidistrict litigation (“MDL”). In the consolidated complaint filed in the MDL,
CPW’s Kristin Bryan was interviewed recently by CyberScoop regarding the significance of the court’s decision in In re Rutter’s which ordered the production of a forensic report and related communications over assertions of privilege in data privacy litigation. As she explains, the court’s ruling (considered in conjunction with the Clark Hill and Capital
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.
One developing area of the law that send shivers down the spine of data privacy litigators is a growing number of federal courts holding that the attorney-client and work product privilege do not apply to forensic reports and related communications regarding a data incident. Knowledge of the circumstances involved in the Capital One and Clark
Following up on our prior coverage (see here and here), this week a federal court denied Plaintiffs’ request for the first-ever injunction under BIPA In re: Clearview AI, Inc. Consumer Privacy Litigation, Case No. 1:21-cv-00135 (N.D. Ill). Read on for the scoop.
Recall that Clearview collects publicly-available images on the Internet and organizes