Once Again, Clapper Defeats Data Breach Class Action

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

Privacy Class Actions: Year-in-Review

By Erica Gann Kitaev on January 4, 2013 Posted in Privacy Class Actions, Privacy Litigation

During 2012, privacy class actions continued to trend toward two major categories: 1) actions that arose out of a data breach event and 2) actions brought to prosecute an alleged consumer privacy right. Article III Standing in Data Breach Class Actions A key issue in data breach class actions is the question of what types … Continue Reading

RockYou Proposed Settlement Would Leave Decision Standing

By Craig A. Hoffman on November 21, 2011 Posted in Data Breaches, Privacy Litigation

The parties in the Claridge v. RockYou case submitted a proposed settlement agreement to the court for approval on November 14, 2011. This case, which was filed shortly after RockYou disclosed a breach that compromised 32 million log-in credentials, received national attention in the spring. In April 2011, the California federal district court declined to … Continue Reading