Tag Archives: Ohio

Ohio Law Offers Safe Harbor to Companies Meeting Cyber Standards

By Brian P. Bartish and Craig A. Hoffman on August 13, 2018 Posted in Data Breaches, State Legislation

Ohio will soon have a law in place that provides a “legal safe harbor” from tort claims related to a data breach, to entities that have implemented and comply with certain cybersecurity frameworks. It remains to be seen whether any entity will ever be in a position to take advantage of the affirmative defense this … Continue Reading

State Data Breach Notification Requirements Specifically Applicable to Insurers

By Patrick H. Haggerty on September 22, 2015 Posted in Data Breach Notification Laws, Data Breaches, State Legislation

Almost all U.S. states and territories have enacted breach notification laws requiring private and/or government entities to notify individuals when their personal information is compromised. These laws vary, and much has been written about the challenges caused by the differences, including who must comply with the law (e.g., persons, businesses, information brokers, government entities, covered … Continue Reading

Once Again, Clapper Defeats Data Breach Class Action

By Judy Selby on February 14, 2014 Posted in Data Breaches, Identity Theft, Online Privacy, Privacy Litigation

Article III standing has once again proved to be an insurmountable hurdle for data breach class action plaintiffs whose personal information hasn’t been misused. In Galaria v. Nationwide Mutual Insurance Co., an Ohio federal court relied on the United States Supreme Court’s decision in Clapper v. Amnesty Intern. USA, 133 S.Ct. 1138 (2013), and held … Continue Reading

Highest Bidder Loses Spoliation Fight in Auction House Data Breach

By Craig A. Hoffman on May 31, 2013 Posted in Data Breaches

This blog post is a joint submission with BakerHostetler’s Discovery Advocate blog. Authored by: Karin Scholz Jenson and Ganesh Krishna A recent case out of the Northern District of Ohio is an unsung victory for proportionality in that the Court twice declined to sanction a plaintiff’s “failure” to forensically image computers where computer logs showing the … Continue Reading