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HTMLBanks’ Class Certification Motion Trumpets Target Data Security Failings, Ignores Impact of Card Association Settlements
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
August 26, 2015, previously published on August 25, 2015
Card-issuing banks are forging ahead with their lawsuit against Target arising from the 2013 holiday shopping season data breach. Their July 1 motion for class certification has just been unsealed, allowing a glimpse at plaintiffs’ version of the events during November and December 2013 that...

 

HTMLEnd of Amex / U.S. Costco Relationship Results in Securities Fraud Class Action
Motley Rice;
Legal Alert/Article
August 17, 2015, previously published on August 13, 2015
On July 30, 2015, a proposed class of investors brought suit against American Express, alleging that the credit card company concealed the financial impact of its co-branding relationship with the U.S. operations of Costco Wholesale Corp.

 

HTMLEleventh Circuit Reaffirms Rejection of "Piggybacking" in Class Actions
Michael F. Dolan, Daniel John Fabiano, Gregory R. Hanthorn, J. Todd Kennard; Jones Day;
Legal Alert/Article
August 11, 2015, previously published on August 2015
A recent Eleventh Circuit decision that rejected a putative class representative's attempt to "piggyback" onto a previous class action may provide a defense to companies faced with seriatim class actions. The court found that the pendency of a previous class claim-even where the class was...

 

HTMLAustralia - A New Frontier for Plaintiffs?
Joel D. Rothman, Peter M. Saparoff; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
August 10, 2015, previously published on July 23, 2015
With the increasing barriers to successfully prosecuting a securities fraud case in the United States, including the jurisdictional limitations caused by the Morrison decision, institutional investors are sometimes now looking to other jurisdictions to sometime recover their losses. One such...

 

HTMLD.C. Circuit Holds “Boilerplate” Forward-Looking Statements Are Not Entitled to PSLRA’s “Safe Harbor”
Joel D. Rothman; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
August 10, 2015, previously published on August 4, 2015
The U.S. Court of Appeals for the D.C. Circuit recently reversed the dismissal of a securities fraud class action against Harman International Industries Inc., holding that the “safe harbor” for forward looking statements did not apply to the statements at issue. In re Harman...

 

HTMLNeiman Marcus Chides Seventh Circuit Panel
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
August 7, 2015, previously published on August 5, 2015
Retailer Neiman Marcus has filed a petition seeking en banc review by the entire Seventh Circuit of the decision by a three-judge panel of that court in Remijas v. Neiman Marcus Group, LLC reversing dismissal of consumer data breach claims for lack of standing. As we previously reported, the panel...

 

HTMLData Breach = Class Action Suit. Again.
Jordan T. Cohen; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
July 31, 2015, previously published on July 23, 2015
In yet another data breach affecting millions of individuals, UCLA Health System (“UCLA”) reported on Friday - July 17, 2015 - that hackers had accessed portions of its health network that contained personal information, including names, addresses, dates of birth, social security...

 

HTMLChange in the Prevailing Winds in Consumer Data Breach Cases?
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
July 30, 2015, previously published on July 22, 2015
In Remijas v. Neiman Marcus Group, LLC, the Seventh Circuit reversed a district court decision dismissing consumer payment card data breach claims for lack of standing. The appellate panel held that injuries consisting of 1) lost time and money resolving the fraudulent charges, and 2) lost time and...

 

HTMLHome Depot Moves to Dismiss Bank Data Breach Claims on Standing and Ripeness Grounds
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
July 13, 2015, previously published on July 8, 2015
In its recently-filed motion to dismiss claims of card-issuing banks arising from the September 2014 theft of payment card data from Home Depot point of sale terminals, Home Depot employs an approach typically used to respond to consumer claims. In payment card data breach cases, defendants...

 

HTMLUnpaid Intern v. Employee Classification Analysis Must Look at Who is Primary Beneficiary of Relationship, Second Circuit Holds
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
July 7, 2015, previously published on July 2, 2015
The Second Circuit struck a blow today to individuals pursuing collective/class actions alleging that unpaid interns should be classified as employees. The Court announced an employer-friendly test that asks who benefits more from the internship - if it’s the individual, then classification...

 


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