Sharon R. Klein and Jeffrey L. Vagle of Pepper Hamilton LLP review what’s going in the federal circuits when it comes to getting potential class action lawsuits over data breaches or privacy breaches dismissed. You can read their article on JD Supra. I’ll take a wild guess and hypothesize that they’re defendants’ lawyers and not…
Category: Commentaries and Analyses
174 million records compromised in 855 data breach incidents last year, says report
Out-Law.com has a recap of some of the main findings in the 2012 Verizon DBIR: Verizon’s Data Breach Investigations Report (92-page / 3.47MB PDF) (DBIR) covering the year 2011 found that 174 million records were compromised in a total of 855 data breaches in what it called an “an all time low” for protection against data breaches….
Data security flaws part of FTC complaint against Compete
The FTC has been active in going after companies that do not provide adequate data security. Today, they announced that Compete, Inc. had settled charges involving unfair or deceptive practices associated with collecting and sharing personal information of users. Of interest here, however, are the charges in the complaint that relate to data security: Compete’s…
The Southern District of Florida Weighs In On Data Breach Lawsuits
A few months ago, I noted a lawsuit by a former Winn-Dixie employee against Purchasing Power. The complaint in Burrows v. Purchasing Power alleged that Winn-Dixie shared employee data with Purchasing Power to administer its employee benefits program, but also sent them data on employees not enrolled in the program. The complaint also alleged that although…
UK: Private sector leads the way on data protection compliance but ‘room for improvement’ elsewhere (update1)
The Information Commissioner’s Office issued a press release today on the results of its voluntary audit program: A series of reports published by the Information Commissioner’s Office (ICO) today has highlighted the positive approaches many private sector companies are adopting to look after people’s data. However concerns remain about data protection compliance within the local…
How Zappos’ User Agreement Failed In Court and Left Zappos Legally Naked
Eric Goldman writes: In January, Zappos (part of $AMZN) announced a massive data security breach affecting 24 million consumers. As typically happens in these situations, plaintiffs’ class action lawyers swarmed over Zappos for the breach, filing dozens of lawsuits. Zappos tried to send the lawsuits to arbitration based on an arbitration clause in its user agreement. Recently,…