Beth Winegarner reports that a shareholder’s lawsuit filed against Wyndham over its data breaches has been dismissed: A New Jersey federal judge on Monday threw out a Wyndham Worldwide Corp. shareholder’s derivative action over a series of security breaches, finding no evidence that Wyndham’s Kirkland & Ellis LLP attorneys had a conflict of interest when…
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FTC Slams Wyndham Bid For Docs On Data Breach Interviews
Law360 reports: The Federal Trade Commission told a New Jersey federal judge on Friday that Wyndham Worldwide Corp. can’t demand the FTC’s work product, saying the agency sent Wyndham all the information it could about its interviews of consumers allegedly harmed by data breaches that cost over $10.6 million. Read more on Law360 (subscription required)….
Wyndham Says FTC Must Detail Consumer Harm In Data Suit
Kira Lerner reports: Wyndham Worldwide Corp. told a New Jersey federal judge on Thursday that the Federal Trade Commission must prove that the cyberattacks against the hotel chain, which the agency alleges led to more than $10.6 million in losses, caused “substantial injury to consumers which is not reasonably avoidable by consumers themselves.” Read more…
Appeals Court Agrees To Hear Wyndham’s Challenge To FTC
Wendy Davis reports: A federal appeals court has agreed to decide whether the Federal Trade Commission can bring charges against companies based on their alleged failure to protect consumers’ data. The court’s move comes in response to a petition filed by Wyndham Hotels, which is fighting an FTC lawsuit alleging that the hotel chain didn’t…
NJ district court certifies two issues for interlocutory appeal in FTC v. Wyndham
In April, Judge Esther Salas denied Wyndham’s motion to dismiss the FTC’s complaint stemming from what the FTC alleges were unreasonable data security practices that put consumers at risk of harm. The FTC’s complaint was brought under Section 5 of the FTC Act, and Wyndham had challenged their authority to enforce data security as well as their…
Wyndham faces more litigation over breaches – this time, from shareholders
The FTC’s lawsuit against Wyndham over three data breaches didn’t go unnoticed by Wyndham’s shareholders, one of whom, Dennis Palkon, recently filed a shareholder derivative lawsuit against Wyndham Worldwide Corporation and its executives in federal court in New Jersey. I’ve uploaded the lawsuit here (pdf, 8.4MB, 86 pp.). The redactions are in the court filing, and…