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Tag Archives: Class Action

Data Breach Affects Millions of Current and Former Government Workers

Posted in Class Action Litigation, Data Breach, Data Compliance & Security, Employee Privacy, Identity Theft, Privacy Litigation, Security

The U.S. Office of Personnel Management (OPM) announced that hackers have stolen the personal information of approximately 4 million current and former federal employees, including names, birthdates and social security numbers.  OPM serves as the human resources department -and holds employee records – for the entire federal government, ranging from security clearances to the identities… Continue Reading

Court Decision in Sony PlayStation Data Breach Case Places Burden on Plaintiffs to Allege Actual Damages

Posted in Class Action Litigation, Data Breach, Data Breach Notification

Written by Kevin McGinty Class action plaintiffs asserting claims against Sony in connection with the 2011 Sony PlayStation Network (“PSN”) data breach face permanent dismissal of their claims unless they can allege actual losses resulting from the breach.  In an October 11 decision, a federal court in Los Angeles granted in part Sony’s motion to… Continue Reading

Privacy Class Actions – It’s Still About the Damages

Posted in Class Action Litigation, Online Advertising, Privacy Litigation

 Written by Kevin McGinty In a mixed decision, a federal court judge in New York dismissed federal statutory claims arising from Web-based advertisers’ use of cookies that tracked users’ Web browsing activities, but denied a motion to dismiss claims under state law.  The plaintiff in Bose v. Interclick  alleged that Interclick and clients McDonalds, CBS, Mazda… Continue Reading

Mixed Decision on Motion to Dismiss Google Street View Class Action Augurs Continuing Difficulty in Maintaining Privacy Class Actions

Posted in Uncategorized

UPDATE — Google has filed an appeal to the 9th Circuit to review this lower court decision “before forcing to proceed with protracted litigation”  on the federal wiretapping case.    Good article by David Kravets of Wired here Written by Kevin McGinty Regular readers of this blog will be familiar with my view that difficulty in proving… Continue Reading

Court Approves Settlement of Flash Cookie Class Action

Posted in Uncategorized

Written by Kevin McGinty On Monday, a federal judge in Los Angeles issued an order granting final approval to a previously-announced settlement of consolidated class actions alleging that the use of so-called “flash cookies” in connection with advertising on web sites resulted in unauthorized tracking of web users’ browsing activity.  In addition, plaintiffs alleged that… Continue Reading

Let The Litigation Begin – Sony PlayStation Data Breach Class Action Filed in Boston

Posted in Data Breach

Written by Kevin McGinty With the inevitability of death and taxes, data breaches spawn class action lawsuits.  The massive Sony PlayStation Network data breach has now resulted in the filing of a class action in federal court in Massachusetts captioned Thompson v. Sony Computer Entertainment.  The named plaintiff asserts her claims on behalf of a… Continue Reading

No Harm, No Foul; Ninth Circuit Affirms Dismissal of Data Breach Case Against The Gap

Posted in Data Breach

Written by Kevin McGinty It’s a distressingly common scenario. A corporate laptop containing job applicant data, including social security numbers, is stolen from an employee who has taken the laptop off of corporate premises. Access to the social security numbers makes it possible for wrongdoers to engage in identity theft. Is an applicant’s fear that… Continue Reading

Privacy Class Actions….Waiting for Hannaford

Posted in Data Breach

My colleague, Kevin McGinty, has penned an interesting analysis of the latest in the class action litigation arising out of the Hannaford supermarket chain data breach. Specifically, Maine’s highest court is being asked to determine whether the law recognizes the time and effort payment cardholders spend trying to protect themselves after a data breach as… Continue Reading