Injury in Fact

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.

Multi-Million Dollar Settlement Reached in BIPA Litigation That Went Up to Seventh Circuit – Consumer Privacy World

Eleventh Circuits Orders Rehearing En

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.

FTC Amends GLBA Safeguards Rule to Impose Significant New Privacy Obligations on Financial Institutions – Consumer Privacy World

Killware: The New Cyber

Recent coverage of data breach and cybersecurity litigation has focused on developments concerning Article III standing and inventive Plaintiff’s counsel seeking to rely on a cyberattack to bring quintessential consumer pricing class actions.  However, there is a new development looming on the horizon that has received little attention so far: the threat posed by

In re Mednax Services, MDL No. 2994, is an MDL (multidistrict litigation) pending in the Southern District of Florida, currently in its early stages.  2021 U.S. Dist. LEXIS 195342, *8-9 (S.D. Fla. Oct. 9, 2021).  In a striking move late last week, a federal court ordered a stay of the proceedings pending resolution of

In case you missed their presentation this week to the Association of Corporate Counsel, the webinar given by CPW’s Alan Friel, Kyle Fath and Kristin Bryan was recorded and is now available here.  In it they cover an update on new US privacy laws, including for California, Colorado and Virginia (among others), as well

In June, we discussed a putative class action filed in the Eastern District of Pennsylvania concerning a data breach involving COVID-contact tracing data.  Following the Plaintiff’s filing of an amended complaint, the remaining Defendant has now moved to dismiss on both standing and substantive grounds.  Read on below.

To recap the alleged facts underlying this

Here at CPW, we have covered many decisions addressing the need for Article III standing when pleading a claim in federal court. A recent rare decision out of a district court in the Ninth Circuit dismissed a data event litigation for lack of standing—showing the efficacy of a particular type of motion practice known

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.

BREAKING: Sixth Circuit in Sonic Data Breach Litigation Denies Request to Appeal District Court’s Certification of Class, Dismissing Sonic’s Self-Identification and Standing

 CPW’s Kristin Bryan has been covering the Sonic data breach litigation and broader lessons the case carries for other data privacy class actions.  A ruling from the Sixth Circuit this week is a powerful reminder of the district court’s discretion in ruling on issues pertaining to class certification—and barriers to challenging certification of a class. 

Just a couple weeks ago, we reported on another case from the Eastern District that dismissed a FDCPA case for lack of standing post-TransUnion LLC v. Ramirez, 141 S. Ct. 2190 (2021). Another recent decision from the same court (different judge) shows, yet again, that Ramirez has teeth.  In Grauman, No.