Tag Archives: Data Breach

Hunton Publishes Retail Year in Review

On January 18, 2018, Hunton’s retail industry lawyers released their annual Retail Year in Review publication. Continue reading for access to the entire publication. … Continue Reading

Fifth Circuit to Decide Whether Indemnification Claim for Credit Card Fines Is Covered Under Specialty Retailer’s D&O and Corporate Liability Insurance Policy

An insured seeking coverage for credit card fees assessed against its third-party payment processor following a data breach recently filed an appeal in the Fifth Circuit Court of Appeals. Spec’s, a liquor store chain with over 160 locations throughout Texas, suffered two major data breaches of its credit card payment system, resulting in the loss … Continue Reading

New Jersey Shopper Privacy Bill Signed into Law

On July 21, 2017, New Jersey Governor Chris Christie signed a bill that places new restrictions on the collection and use of personal information by retail establishments for certain purposes. The statute, which is called the Personal Information and Privacy Protection Act, permits retail establishments in New Jersey to scan a person’s driver’s license or other state-issued identification card only for eight purposes. … Continue Reading

Putative Data Breach Class Action Dismissed for the Third Time

On June 13, 2017, Judge Andrea R. Wood of the Northern District of Illinois dismissed with prejudice a putative consumer class action filed against Barnes and Noble. The case was first filed after Barnes and Noble’s September 2012 announcement that skimmers had tampered with PIN pad terminals in 63 of its stores and exposed payment card information.… Continue Reading

If You Don’t “WannaCry” After a Cyber Attack, Review Your Cyber Insurance Coverage

As we previously reported, beginning last Friday, and still occurring today, one of the worst and most widespread malware attacks has impacted more than 200,000 victims in at least 150 countries. The attack is a reminder of the importance of cyber insurance coverage. Businesses affected by these types of attacks can incur significant loss, including for the ransom amount, any resulting business interruption, the cost of any lost data, damage to customers and other third parties, along with associated public relation expenses.… Continue Reading

Global Ransomware Attacks Raise Key Legal Considerations

On May 12, 2017, a massive ransomware attack, known as “WannaCry,” began affecting tens of thousands of computer systems in over 100 countries. These types of incidents can have significant legal implications for affected entities and industries for whom data access and continuity is critical. As affected entities work to understand and respond to the threat of ransomware, we address some of the key legal considerations.… Continue Reading

Neiman Marcus Agrees to Settlement in Data Breach Class Action

On March 17, 2017, retailer Neiman Marcus agreed to pay $1.6 million as part of a proposed settlement (the “Settlement”) to a consumer class action lawsuit stemming from a 2013 data breach that allegedly compromised the credit card data of approximately 350,000 customers.… Continue Reading

Home Depot Settles Data Breach Claims

On March 9, 2017, Home Depot reached an agreement that includes the payment of 25 million dollars and the implementation of new data security measures to resolve a putative class action brought by financial institutions impacted by the company’s 2014 data breach.… Continue Reading

New Jersey Moves Forward with Shopper Privacy Bill

On September 15, 2016, the New Jersey Senate unanimously approved a bill that seeks limit retailers’ ability to collect and use personal data contained on consumers’ driver and non-driver identification cards. The bill, known as the Personal Information and Privacy Protection Act, must now be approved by the New Jersey Assembly.… Continue Reading

“As Seen on TV” — Insurer Must Defend Well Known Television Marketer in Data Privacy Suit

GDPRIn a June 1, 2016 decision, the Second Circuit Court of Appeals reminded retailers and product manufacturers to look to their insurance coverages when defending against consumer class actions. The Second Circuit required CNA Financial Corporation to defend E. Mishan & Sons, Inc. – best known for its “As Seen on TV” products – in two class actions alleging a conspiracy to trap customers into recurring credit card charges and that Emson sold private consumer information that it obtained through its product sales.… Continue Reading

Hunton & Williams Launches Cyber and Physical Security Task Force

Hunton & Williams LLP announces the formation of a Cyber and Physical Security Task Force to assist companies in minimizing the risks and consequences of a serious security incident. The task force is being led by global privacy and cybersecurity head Lisa Sotto, cybersecurity partner Paul Tiao, and energy partner Kevin Jones, and includes lawyers from a wide range of practice groups within the firm. … Continue Reading
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