The court in In re: Target Corporation Customer Data Security Breach Litigation (D. Minn. MDL No. 14-2522) today entered an order denying the plaintiffs’ motion to enjoin a settlement between MasterCard and Target stemming from the 2013 security breach of Target’s systems. The parties had agreed that Target would pay MasterCard $19 million for damages […]
Security Breach
The Supreme Court To Resolve Whether a Violation of a Statutory Right Confers Article III Standing
The Supreme Court’s recent decision to hear the appeal in Spokeo, Inc. v. Robins may have significant implications for data breach litigation in particular and consumer class action litigation generally. At issue is whether a plaintiff who has suffered no actual injury or harm nonetheless has standing under Article III of the United States Constitution […]
DOJ to Host Cybersecurity Roundtable on Data Breaches
On April 29, 2015, the Department of Justice’s Criminal Division will host a cybersecurity industry roundtable on data breaches. The event, which will include audience question and answer sessions, will focus on a range of recent industry developments. The event will feature a discussion of cybersecurity from the national security perspective by John P. Carlin, […]
PCI-DSS Standard Updated To Address SSL Vulnerabilities
On April 15, 2015, the Payment Card Industry Security Standards Council (PCI-SSC) updated the PCI Data Security Standard (PCI-DSS) from version 3.0 to version 3.1. The new version is effective immediately. PCI DSS Version 3.0 will be retired on June 30, 2015. A summary of the changes, along with the updated standard, can be found […]
Third Circuit Questions FTC’s Data Security Authority
On March 3, 2015, the Third Circuit heard oral argument in FTC v. Wyndham Worldwide Corp., et al. (“Wyndham”) on the issue of whether the FTC has the authority to regulate private companies’ data security under Section 5 of the FTC Act. This appeal arises out of the District Court’s holding that the unfairness prong […]