David Silverman writes:
[Eric’s intro: this blog post helps distill Judge Koh’s two rulings, In re Anthem Inc. Data Breach Litig., No. 15-MD-02617 (N.D. Cal. Feb. 16, 2016) (“Anthem I”) and In re Anthem Inc. Data Breach Litig., No. 15-MD-02617 (N.D. Cal. May 27, 2016) (“Anthem II”). These are complicated opinions, and I hope this post helps you wade through them.]
Following her ruling denying in part the motions to dismiss in the Adobe breach case, Judge Koh has again gone against the tide and filed two more plaintiff-friendly opinions on the viability of class action data breach claims. Defense counsel seeking practice pointers would note the failure effectively to exclude third party beneficiaries as enforcers of a data management agreement, and the use of integration clauses that inadvertently opened the door to making privacy notices enforceable parts of a contract.
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