Neiman Marcus Ruling Makes it Easier to Sue a Company for a Data Breach

Neiman Marcus experienced a data breach in 2013 that exposed credit card information for 350,000. And, as it is with every data breach, lawsuits ensued.

The 7th Court of Appeals answered a lingering legal and legislative issue– whether any actual injury has to occur before suit may be filed. “Chief Judge Diane Wood, who said that fear of hackers in the future is not too “speculative” for a day in court.”

The ruling is expected to apply to both pending lawsuits realted to Sony &…

Which Univeristy Health System is Sued over a Data Breach? Hello class action.

UCLA finds itself facing a class action lawsuit over a data breach at hospitals in the UCLA hospital system.

So how does a state university system get sued?

  • UCLA is accused of  not encrypting patient data invcuding:
    • names, dates of birth, Social Security numbers, health plan identification numbers, and medical information including patient procedures and diagnoses
  • UCLA allegedly did not notify patientsin a timely manner
  • UCLA’s lack of action allegedly violated multiple consumer…

Legal Trend: Cost of Monitoring is Damages for a Data Breach lawsuit

The Neiman Marcus data breach lawsuit can continue according to the 7th Circuit. 

Courts have wrangled with whether a person who had her information stolen in a dat abreach must have had that information used in a manner to cause harm before a lawsuit can continue.

The 7th Circuit said no to that specific standard and is allowing more damages like the cost of credit monitoring.

Law360

Legal Trend: Stand Alone Cybersecurity Insurance Coverage Denied for Breach Claim. First Legal Case on the issue.

Say you’re a health care provider. You buy data breach insurance policy to cover any potential hacks or breaches. you think you’re doing the right thing to protect your business.

Then, your data gets hacked. You file a claim with your insurance company. You’re denied. You go to court.

The insurance company says the health care provider failed to provide the required minimum security standards. 

Its a case of first impression. It’ll make history and make legislation far and wide as the…

National Association of Professional (Insurance) Agents Ramps Up Data Breach Insurance

NAPA has new data breach compliance and certification. Data breaches are big business, people.  

Data breaches and protecting against data breaches generate:

  • Big legislative pushes
  • New regulations
  • Procurement Opportunities (hello, $21M emergency contract that the federal data breach sparked)

Data breaches impact:

  • bankers, credit unions, financial institutions
  • retailers
  • corporations
  • new lawsuit filings
  • health data
  • student data
  • +more

NAPA

All Data Breaches Lead to Court. 4 Lessons to Learn for Legislation & Corporate Governance.

Federal employees this week filed suit over the June 4th federal data breach. The breach is said to the largest in government history, and allegedly the result of Chinese hackers seeking super secret spy information. 

The crux of the lawsuit is something all corporations should pay heed to as its the same argument made by plaintiffs in Target and HomeDepot breaches too- how much knowledge did the government have about potential breaches and did the government fail to act? As for the feds,…