Tag Archives: harm

Privacy Litigation–2011 Year in Review

By Craig A. Hoffman on January 6, 2012 Posted in Data Breaches, Privacy Litigation

There were no bombshells or truly groundbreaking decisions in 2011. Courts continued to dismiss claims filed in the wake of data breaches based on findings that the plaintiffs had failed to identify any cognizable harm sufficient to achieve Article III standing or to demonstrate actual damages. A few decisions, however, show an evolution in the … Continue Reading

Does the First Circuit’s Decision in Hannaford Signal a Changing Tide?

By Theodore J. Kobus III on October 24, 2011 Posted in Data Breaches, Payment Card Industry

Until last week, most of us thought that the Hannaford Brothers data breach litigation was just another example of how Plaintiffs are not able to recover in class action lawsuits without proof of actual harm. The Hannaford Brothers supermarket chain suffered a data breach between December, 2007 and March, 2008 where hackers accessed over 4M … Continue Reading