When Is A Statutory Violation—Without More—Sufficient To Confer Standing
When the United States Supreme Court decided Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), a little over a year ago, many lawyers believed the court’s decision would settle a rather simple question: if a defendant violates a statute, is that sufficient for a… Read More
Still Standing: Data Breach Class Action Against P.F. Chang’s Revived on Appeal
This guest post was authored by our colleague Stephen A. Grossman, a partner and chair of Montgomery McCracken’s Data Privacy and Cybersecurity practice, and co-chair of its E-Discovery practice. He can be reached at sgrossman@mmwr.com or 856-488-7767. We have previously written here and here on… Read More
Allegheny County Judge Rules that Pennsylvania Does Not Recognize Negligence Claims in Data Breach Actions
A Pittsburgh-area judge recently ruled that Pennsylvania does not recognize negligence claims in data breach lawsuits. Dittman v. UPMC, No. GD-14-003285 (Pa. Ct. Com. Pl., Allegheny Cnty., May 28, 2015). The case centers on a data breach in 2014 involving the University of Pittsburgh Medical… Read More
When Does a Hack Become a Compensable Harm in Federal Court?
This guest post was co-authored by Montgomery McCracken partner Michael B. Hayes and associate David F. Herman, both of the firm’s Litigation Department. Michael can be reached at 215.772.7211 or at mhayes@mmwr.com. David can be reached at 215.772.7614 or at dherman@mmwr.com. No business wants to… Read More
Another Post-Clapper Data Privacy Breach Case Dismissed for Lack of Standing
The U.S. Supreme Court’s decision in Clapper v. Amnesty International USA, 133 S. Ct. 1138 (2013), continues to be relied on by federal courts to hold that “mere loss of data” or “increased risk of identity theft” in a data breach case does not constitute… Read More