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

Category Archives: Class Action

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Ninth Circuit Finds Standing in Zappos Breach

Posted in Class Action, standing

Continuing the split among federal courts, the Ninth Circuit found that plaintiffs in a consumer data breach class action against Zappos have Article III standing based on the hacking incident, not subsequent criminal activity.  (Read opinion here  In re Zappos.Com., Inc. Customer Data Security Breach Litigation (01565871xAE57E).  Standing is determined at the time of the breach, not when… 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

Retailers (and their Insurers) Dealt Another Blow in California

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

Retailers were dealt a blow in February when the California Supreme Court ruled in Pineda v. Williams-Sonoma, Inc. that a zip code constitutes “personal identifciation information” under the Song-Beverly Credit Card Act of 1971, thus prohibiting retailers from requesting such information.  Although the California legislature responded quickly by proposing legislation that would limit the effects of the… 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