DataBreaches.Net

Menu
  • About
  • Breach Notification Laws
  • Privacy Policy
  • Transparency Report
Menu

Court rejects Jetro’s argument in attempt to recoup fines and penalties over breaches

Posted on May 20, 2016 by Dissent

Long-time readers will remember the Restaurant Depot/Jetro breaches reported in 2011 and 2012. It appears that Jetro tried a novel approach to recovering some of the monies the breach cost them. As Dennis S. Klein, Jeffrey B. Goldberg, and Tyler Grove of Hughes Hubbard & Reed LLP explain, the court wasn’t buying their novel argument:

… To allow its customers to use MasterCards for purchases, Jetro contracted with PNC Bank to process MasterCard transactions. PNC Bank, in turn, contracted with MasterCard.

As a result of the data breaches, and pursuant to their contract, MasterCard imposed fines, penalties, and fees amounting to $7 million on PNC Bank. PNC Bank, in turn, withheld that amount from money otherwise due to Jetro in accordance with its contract with Jetro. Jetro responded by filing suit against MasterCard, making a novel claim to recover the $7 million withheld by PNC Bank under the doctrine of equitable subrogation. Equitable subrogation is traditionally applied in insurance claims, to allow an insurer to recover money paid to its insured from the third-party who caused the loss. Jetro argued that MasterCard wrongfully imposed the fines, penalties, and fees on PNC Bank. Because Jetro effectively paid for the wrongful “loss” caused to PNC Bank by MasterCard, Jetro is entitled to recover the money from MasterCard.

The court, however, rejected Jetro’s argument.

Read more on Hughes Hubbard & Reed LLP.


Related:

  • PowerSchool commits to strengthened breach measures following engagement with the Privacy Commissioner of Canada
  • Two more entities have folded after ransomware attacks
  • British institutions to be banned from paying ransoms to Russian hackers
  • Microsoft Releases Urgent Patch for SharePoint RCE Flaw Exploited in Ongoing Cyber Attacks
  • Global hack on Microsoft product hits U.S., state agencies, researchers say
  • Premier Health Partners issues a press release about a breach two years ago. Why was this needed now?
Category: Breach IncidentsBusiness SectorCommentaries and AnalysesHackMalware

Post navigation

← SG: Ex-staff sergeant jailed for abetting unauthorized data access and other crimes
So does Spokeo v. Robins help plaintiffs or defendants? →

Now more than ever

"Stand with Ukraine:" above raised hands. The illustration is in blue and yellow, the colors of Ukraine's flag.

Search

Browse by Categories

Recent Posts

  • Scattered Spider Hijacks VMware ESXi to Deploy Ransomware on Critical U.S. Infrastructure
  • Hacker group “Silent Crow” claims responsibility for cyberattack on Russia’s Aeroflot
  • AIIMS ORBO Portal Vulnerability Exposing Sensitive Organ Donor Data Discovered by Researcher
  • Two Data Breaches in Three Years: McKenzie Health
  • Scattered Spider is running a VMware ESXi hacking spree
  • BreachForums — the one that went offline in April — reappears with a new founder/owner
  • Fans React After NASCAR Confirms Ransomware Breach
  • Allianz Life says ‘majority’ of customers’ personal data stolen in cyberattack (1)
  • Infinite Services notifying employees and patients of limited ransomware attack
  • The safe place for women to talk wasn’t so safe: hackers leak 13,000 user photos and IDs from the Tea app

No, You Can’t Buy a Post or an Interview

This site does not accept sponsored posts or link-back arrangements. Inquiries about either are ignored.

And despite what some trolls may try to claim: DataBreaches has never accepted even one dime to interview or report on anyone. Nor will DataBreaches ever pay anyone for data or to interview them.

Want to Get Our RSS Feed?

Grab it here:

https://databreaches.net/feed/

RSS Recent Posts on PogoWasRight.org

  • California Attorney General Announces $1.55M CCPA Settlement with Healthline.com
  • Canada’s Bill C-2 Opens the Floodgates to U.S. Surveillance
  • Wiretap Suits Pit Old Privacy Laws Against New AI Technology
  • Action against tiny Scottish charity sparks huge ICO row
  • Congress tries to outlaw AI that jacks up prices based on what it knows about you
  • Microsoft’s controversial Recall feature is now blocked by Brave and AdGuard
  • Trump Administration Issues AI Action Plan and Series of AI Executive Orders

Have a News Tip?

Email: Tips[at]DataBreaches.net

Signal: +1 516-776-7756

Contact Me

Email: info[at]databreaches.net

Mastodon: Infosec.Exchange/@PogoWasRight

Signal: +1 516-776-7756

DMCA Concern: dmca[at]databreaches.net
© 2009 – 2025 DataBreaches.net and DataBreaches LLC. All rights reserved.