Casie Collignon

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If it’s broke, just fix it…: Curing Alleged CCPA Violations

By Colby Everett, Robyn M. Feldstein and Casie Collignon on June 14, 2022 Posted in CCPA

Courts across the United States continue to grapple with California’s landmark consumer privacy law, the California Consumer Privacy Act (CCPA). While the contours of this law are being litigated on multiple fronts, one important, but not most discussed provision, is Section 1798.150(a)(1), the right to cure. The CCPA, like other, similar California privacy laws, includes … Continue Reading

8 Key Takeaways for Initial Defenses Under the CCPA and CPRA

By Marshall J. Mattera, Jeewon Serrato, Casie Collignon and Stanton Burke on October 7, 2021 Posted in CCPA, CPRA, Data Breach Notification Laws, Data Breaches, Privacy

Authors: Marshall Mattera, Jeewon Serrato, Casie Collignon and Stanton Burke Since the Jan. 1, 2020 kickoff for private enforcement under the California Consumer Privacy Act (CCPA), plaintiffs have filed scores of class actions invoking the CCPA. Such claims, when properly made, present substantial risk to companies including statutory damages up to $750 per consumer. Early … Continue Reading

The Destruction of Privilege and Work Product Protection for Data Breach Investigations?

By Craig A. Hoffman, Theodore J. Kobus III, Lynn Sessions, Casie Collignon, David Carney, Joseph L. Bruemmer, Thomas Hogan and Aleksandra Vold on June 17, 2020 Posted in Data Breaches

Attorneys play an important role in the incident response process. A skilled and experienced attorney can help organizations effectively respond to a security incident in a way that complies with obligations, protects key relationships, and prevents or mitigates financial consequences. Unfortunately, some have sold the value of involving an attorney in the incident response process … Continue Reading

CCPA Class Actions: Can They Include a Blast From the Past?

By Casie Collignon on March 13, 2020 Posted in CCPA, Healthcare

Our Digital Assets and Data Management teams have been tracking all aspects of the CCPA, so when Fuentes v. Sunshine Behavioral Health Group, LLC (Case No. 8:20-cv-00487, Central District of California) was filed on March 10, 2020, alleging a direct claim for violation of the CCPA, we were interested to see how CCPA allegations are … Continue Reading

Entering the ’20s – A New Era for Data Breach Class Actions?

By Paul Karlsgodt, David Carney, Casie Collignon and Christopher Wiech on February 21, 2020 Posted in Data Breaches

As we move into a new decade, it has become clear that data breach litigation is here to stay. Last year brought us several incremental developments in the data breach litigation landscape but no paradigm shift in the way data breach class actions are brought or resolved. Federal courts in different circuits continue to disagree on … Continue Reading

Words Matter: Interpreting the CCPA’s Private-Right-of-Action Provision

By Matthew D. Pearson and Casie Collignon on December 18, 2019 Posted in CCPA

Subject to certain exceptions, the California Consumer Privacy Act (CCPA) provides a private right of action to “[a]ny consumer whose nonencrypted and nonredacted personal information … is subject to an unauthorized access and exfiltration, theft, or disclosure as a result of the business’s violation of the duty to implement and maintain reasonable security procedures and … Continue Reading

CCPA Notice Requirements for Statutory Damages

By James Morrison and Casie Collignon on December 16, 2019 Posted in CCPA

Beginning on Jan. 1, 2020, companies that collect personal information of California residents need to be prepared to prevent and defend against potentially catastrophic litigation if such personal information becomes compromised. Specifically, under the California Consumer Protection Act (CCPA), any California consumer whose nonencrypted or nonredacted personal information is subject to unauthorized access and exfiltration, … Continue Reading

Colorado Legislature Signals That It May Create More Stringent Data Destruction Regulations and Tighten Breach Reporting Requirements

By Sammantha Tillotson and Casie Collignon on March 12, 2018 Posted in Data Breach Notification Laws

In January 2018, Colorado legislators sponsored a bill that, if passed, will change the state’s existing data breach reporting laws in important ways. A House Committee Report detailing the current version of the bill can be found here. The bill would create a new statute, C.R.S. § 6-1-713.5, titled Protection of Personal Identifying Information, which … Continue Reading

Federal Magistrate Recommends Dismissing TCPA Class Claims Against Coke

By Casie Collignon and Justin Winquist on September 15, 2014 Posted in Privacy Class Actions

Responding to an invitation to text can satisfy TCPA’s Express Consent Requirement In a Telephone Consumer Protection Act (TCPA) putative class action against Coca-Cola and its marketing agent, a Northern District of Alabama magistrate judge recommended dismissal on September 3, 2014 of most of the plaintiff’s claims on grounds that the plaintiff gave Coca-Cola prior … Continue Reading