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.
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
For data privacy litigations filed in state court, one strategic option that should be considered by defense counsel is whether the case can (and should) be removed to federal court. When a plaintiff asserts a claim under federal law, removal to federal court may be based on federal question jurisdiction. Straightforward, right?
Well, what about
Last week, a federal court held that a forensic report prepared in the wake of a data breach at a law firm was not protected by the work product privilege and had to be produced in discovery. See Wengui v. Clark Hill, 2021 U.S. Dist. LEXIS 5395 (D.D.C. Jan. 12, 20201). As the court
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.
Yesterday, the Seventh Circuit weighed in on the critical issue of whether a plaintiff bringing a data privacy action – this time, under Illinois’ Biometric Information Privacy Act (“BIPA”) – has Article III standing to sue in federal court. In a twist that civil procedure buffs will love, Plaintiffs claimed that they did not have
Here’s a common scenario: You discover a potential compliance issue and worry about being sued. You hire outside counsel to help prepare for litigation. Trial counsel in turn hires a consulting firm for the express purpose of helping in its litigation efforts by preparing a report addressing how the breach happened, its effects, and how
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),