The Seventh Circuit’s ruling in Remijas v. Neiman Marcus Group, LLC may have removed a substantial hurdle for data-breach class actions (as we previously discussed) by holding that “injuries associated with resolving fraudulent charges and protecting oneself against future identity theft” were sufficient to confer Article III standing. But does that ruling remove all of the major obstacles to data-breach class actions? Absolutely not. There are still additional daunting hurdles in a plaintiff’s path to obtaining class certification
Continue Reading Remijas v. Neiman Marcus—Overhyped and Overblown
Data Breach Class Actions — Time to Reassess Your Exposure?
The Seventh Circuit may have gone a long way to opening a flood of data-breach class actions when it held that “injuries associated with resolving fraudulent [credit-card] charges and protecting oneself against future identity theft” suffice as injuries to confer Article III standing on the plaintiffs in Remijas v. Neiman Marcus Group, LLC.
Standing (whether a plaintiff has suffered an injury the courts will recognize) has historically proven to be a substantial hurdle to plaintiffs seeking to bring class
Continue Reading Data Breach Class Actions — Time to Reassess Your Exposure?
Healthcare Home Monitoring Company Avoids FCRA Liability Over Stolen Laptop
Theft or accidental loss of a laptop, thumb drive or other device is “[t]he single most common way that protected health information is compromised.” And while violating the Health Insurance Portability and Accountability Act’s Privacy and Security Rules can result in million-dollar fines, HIPAA does not provide for a private right of action. So when an employee of Alere Home Monitoring Inc. had a company laptop containing patients’ medical information stolen out of her car in 2012, plaintiffs filed
Continue Reading Healthcare Home Monitoring Company Avoids FCRA Liability Over Stolen Laptop