Faruki Blog

Circuit Court Details When Causation is Pled for Data Breach Related Claims

In a split decision, the 11th Circuit joins the majority of Circuits in finding that a plaintiff has Article III standing by alleging financial loss.. Read More

Data Breach: Public Relations and Communications Issues to Consider Subsequent to a Major Data Breach

Data breaches have affected numerous companies over the past few years. Companies frequently mismanage their efforts to mitigate the effects of these.. Read More

BYOD: Security Issues to Consider When Inviting Employees to "Bring Your Own Device"

Employees often demand to use their own electronic devices to interact with the companies' systems. Given the 24-hour demands of our ever-connected.. Read More

FTC Privacy Report – A Tool for Discussion or a Club to Hammer the Unsuspecting

On March 26, 2012, the Federal Trade Commission ("FTC") issued its Protecting Consumer Privacy in an Era of Rapid Change Report (the "Privacy.. Read More

Circuits Split over Standing Requirements for Data Breach Cause of Action

The Third Circuit splits with other federal courts in finding that risk of identity theft does not confer standing to bring a suit for data breach in Read More

Data Breach Wake-Up Call: Ron Raether Discusses Hannaford Ruling and What it Means to the Breached Entities and Their Customers

Since the first data breach class actions were filed, complaints were often dismissed (and decisions affirmed by appellate courts). Courts found that.. Read More

2012 The Year of the Laptop

In 2011, we saw a number of data breaches resulting from the loss of data on laptops. Almost one in three breaches related to lost or stolen laptops;.. Read More

First Circuit Finds Mitigation Costs Present Cognizable Harm for Data Breach Claims

The First Circuit reversed the trial court’s dismissal of negligence and implied contract claims arising from a 2007 breach of Hannaford’s electronic.. Read More

States Move Forward on Breach Notice While Waiting on Congress

With federal legislation pending in various forms since 2006, the states are not standing still. Illinois amended its breach notice statute effective.. Read More
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