Fourth Circuit Weighs in on the Evolving Law of Standing in Data Breach Litigation to Hold that Misuse of Stolen Data Confers Standing

While data breach lawyers wait for the U.S. Supreme Court to more clearly define when a hack confers standing on the individual whose personally identifying information (PII) is stolen, the Circuit Courts of Appeals continue to choose sides over a useful standard. On June 12, 2018, the Fourth Circuit weighed in to hold that the individual has standing when the data is actually misused, such as when the hackers open fraudulent credit cards with the stolen PII, and the individual spends time and resources on…
Continue reading...

More Credit Card Security On the Way

There has been a spike in the number of reported credit card breaches in recent days, including the most well-known of them all, Target, which led to the eventual resignation of its Chief Information Officer. Now, the California Department of Motor Vehicles has reportedly experienced a possible breach of its online payment system. It has become clear that the current security measures are insufficient to protect consumers and the corporate entities catering to the credit card consumer. In this regard, both Visa and MasterCard have…
Continue reading...