Courts Archives

Shareholders Seek to Hold Current and Former SolarWinds Officials Liable for Massive 2020 Security Breach

December 10, 2021
Editorial Team
Breach response, Courts, Cyberattacks, Cybersecurity, Data Breach, Solar Winds

Investors filed a derivative suit claiming that the company knew about, and failed to mitigate known, existing cybersecurity risks and shortfalls prior to the security breach. In early November, pension funds and individual shareholders filed a lawsuit against SolarWinds Corporation (“SolarWinds”) as well as current and former members of the board directors. The suit comes…

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Lloyd v Google: A Sigh of Relief for Data Controllers

November 15, 2021
Editorial Team
Breach response, Class Actions, Courts, Data Breach, Data Controllers, Data Protection, DPA 1998, European Union, United Kingdom

In unanimously refusing to allow a representative action to proceed, the UK Supreme Court may have sounded the death knell for opt-out class actions in England for data breaches: Lloyd v Google [2021] UKSC 50. The Safari workaround Back in 2011 Apple’s Safari web browser on iPhones blocked all third-party cookies. This prevented popular websites…

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Courts Rule on When a Data Breach of PII is Actionable

October 29, 2021
Editorial Team
Breach response, Courts, Data Breach, Penalties and Enforcement, Personal Information, Personally Identifiable Information (PII)

The Second Circuit recently joined a growing number of federal courts to decide when a data breach of personally identifiable information (“PII”) is actionable. According to the Second Circuit, plaintiffs do not have standing to bring a lawsuit when there is no allegation their PII was targeted or misused. The Second Circuit’s decision To bring…

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