CyBIR: Cyber and Privacy Breaches – Insurance and Reinsurance Data Privacy Lawyers: Walker Wilcox & Matousek Law Firm

Tag Archives: consumer class action

Breach Mitigation Costs Are Cognizable Damages Under Maine Law

Posted in Cyber Costs, Damages, Data Breach

In a ground-breaking case, the U.S. Court of Appeals for the First Circuit has held that costs incurred to mitigate losses caused by a data breach are cognizable damages under Maine law.  The case, Anderson v. Hannaford Bros. Co., will likely have a far reaching impact on businesses that maintain personally identifiable information and could… Continue Reading

CFAA Claims Dismissed in Interclick History Sniffing Case; State Law Claims Allowed

Posted in Business Practices, CFAA, Class Action, Damages, Privacy Legislation

The U.S. District Court for the Southern District of New York has found that the plaintiff in the Interclick history sniffing class action cannot establish damages under the Computer Fraud & Abuse Act (“CFAA”) and has dismissed plaintiff’s federal claims.  However, the court is allowing plaintiff’s deceptive practices and trespass claims to proceed. Late last year,… Continue Reading

Hartford Denies Coverage for Song-Beverly Claims

Posted in Class Action, Coverage, Credit Card Transaction, Insurance, Privacy Legislation, Retail

The Hartford Fire Insurance Company has filed at least two suits against insureds seeking a declaration that CGL policies it issued do not provide coverage for Song-Beverly claims filed in the wake of the Pineda decision. Hartford filed suits in Illinois federal court against Euromarket Designs, Inc. (a/k/a Crate & Barrel) and in New Jersey federal… Continue Reading

Zurich Denies Coverage for Sony PSN Hacking Claims & Files Suit

Posted in Class Action, Coverage, Cyber Breach, Insurance

The hits just keep coming for Sony.  In addition to defending 58+ class action lawsuits in the U.S. and Canada, and responding to numerous governmental inquiries into the hacking of its PlayStaion Network and Sony Online Entertainment earlier this year, Zurich has filed suit against Sony seeking a declaration that various Zurich policies do not provide coverage for the… Continue Reading

The Pineda Storm Travels East

Posted in Class Action, Privacy, Retail

Massachusetts is now poised to become the second state to consider whether retailers who request and store zip codes during the course of a credit card transaction violate a consumer privacy statute.  A complaint entitled Tyler v Michaels Stores, Inc.  was filed May 23, 2011 in the federal court for the District of Massachusetts.  Plaintiff, who seeks… Continue Reading

Cyber Breach Class Actions: Discounted by the Supreme Court’s Wal-Mart Decision?

Posted in Class Action, Cyber Breach

It is not uncommon for cyber breaches to involve thousands of individual claimants.   With studies placing the average cost of a cyber breach between $200 and $500, it is unrealistic to expect individual plaintiffs to file lawsuits for damages allegedly resulting from the breach.  The most viable way for plaintiffs to seek recovery, and the most attractive… Continue Reading

The Pricetag On Privacy

Posted in Class Action, Privacy

Terry Baynes reports in Thompson Reuters News & Insight’s California Legal that sums paid to settle recent high profile privacy breach class actions netted as little as $250 per plaintiff, although the class action plaintiff lawyers received between $500,000 and $6.5 million in attorney fees.    Cashing in On Privacy Breaches by Terry Baynes    The defendant… Continue Reading